Current through all regulations passed and filed through March 18, 2024
This rule describes the process when an
individual alleges discrimination as an applicant or recipient of the
supplemental nutrition assistance program (SNAP) and/or has a complaint
regarding the SNAP program.
(A)
What is the nondiscrimination policy for SNAP?
Discrimination in any aspect of program administration is
prohibited by program regulations, the Food and Nutrition Act of 2008, the Age
Discrimination Act of 1975 (PL 94-135), Title VI of the
Civil Rights Act of 1964 (42
U. S. C. 2000d), Section 504 of the
Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990
as amended in 2008 by
Pub. L. No.
110-325 (42 U.S.C.
12101).
Enforcement action may be brought under any applicable federal
law. Title VI complaints shall be processed in accord with 7 C.F.R. Part 15
(5/2003), United States department of agriculture's (USDA) regulations on
nondiscrimination.
County agencies shall not discriminate against any applicant or
participant in any aspect of program administration, including, but not limited
to:
(1) The certification of
assistance groups;
(2) The issuance
of benefits;
(3) The conduct of
fair hearings; or
(4) The conduct
of any other program service for reasons of race, color, national origin, sex
(including all federally protected classes pertaining
to sex), age, disability, religion,
political beliefs, or reprisal or retaliation for prior civil rights
activity.
(B) What
steps shall be followed when an individual believes they were subjected to
discrimination?
An individual who believes they have been subject to
discrimination may file a written complaint with the USDA,
the Ohio department of job and
family services (ODJFS), bureau of civil rights and/or
the local county agency.
(1) To
file a complaint of discrimination
with the USDA, an individual may:
(a) Complete
the USDA "Program Discrimination Complaint Form." (AD-3027) (1/19/12) found
online
https://www.usda.gov/sites/default/files/documents/ad-3027.pdf,
at any USDA office, or may be requested from the USDA by calling (866)
632-9992; or
(b) Submit a
letter that includes the
information described in paragraph (C) of this rule. Written complaints will be accepted by the secretary of
agriculture or the administrator of food and nutrition service (FNS) even when
the information outlined in this rule is not complete. However, investigations
will be conducted only when the information in paragraph (C)(1), (C)(2),
(C)(3), or (C)(4) of this rule is provided.
(c)
An individual may
submit the letter or completed form to USDA by:
(i)
Mail: "Food and
Nutrition service, USDA 1320 Braddock Place, Room 334, Alexandria, VA 22314";
or
(ii)
Fax: (833) 256-1665 or (202) 690-7442;
or
(iii)
Email:
FNSCIVILRIGHTSCOMPLAINTS@usda.gov.
(2)
To file a written complaint
of discrimination with ODJFS
, an
individual may submit the JFS 02333, "Discrimination complaint" form or a
written letter that includes the information described in paragraph (C) of this
rule to "The Ohio Department of Job and Family Services, Bureau of Civil
Rights, 30 East Broad Street, 30th Floor, Columbus, Ohio 43215-
3414."
(3)
To file a complaint of discrimination with the local county
agency, an individual may submit a letter that includes information described
in paragraph (C) of this rule.
(C) What needs to be included in a written
complaint?
(1) Name, address, telephone
number, or other means of contacting the person alleging
discrimination.
(2) Location and
name of the organization or office that is accused of discriminatory
practices.
(3) The nature of the
incident or action of program administration that led the person to allege
discrimination.
(4) The reason for
the alleged discrimination (age, race, color, sex (including all federally protected classes pertaining to
sex), disability, religion, national origin, political beliefs, or
reprisal or retaliation for prior civil rights activity).
(5) The names, titles (when appropriate), and
addresses of persons who may have knowledge of the alleged discriminatory
acts.
(6) The date or dates on
which the alleged discrimination occurred.
(D) What shall happen when the individual is
unable to put the complaint in writing?
When an individual makes allegations verbally and is unable or
is reluctant to put the allegations in writing, the person to whom the
allegations are made shall document the complaint in writing. Every effort
shall be made by the individual accepting the complaint to have the individual
filing the complaint provide the information listed in paragraph (C) of this
rule.
(E) Is there a deadline
for filing a complaint?
A complaint must be filed no later than one hundred eighty days
from the date of the alleged discrimination; however, the time for filing may
be extended by the United States secretary of agriculture.
(F)
What are the county agencies required to do?
County agencies are to:
(1)
Adhere to the requirements as defined in rule
5101:9-2-01 of the
Administrative Code.
(2) Provide information
on the nondiscrimination policy.
(a) Publicize
the discrimination complaint procedures described
in paragraphs (B) and (C) of this rule, and, if applicable, the county agency's
program complaint procedures.
(b) Ensure that all offices involved in
administering the program and that also serve the public display the "And
Justice For All" nondiscrimination poster form AD-475B (revised September 2019)
.
(c) Ensure that participants and other
low-income assistance groups have access to information regarding
nondiscrimination statutes and policies, procedures for filing a program or
discrimination complaint, and their rights, within ten days of the date
of a request for the information.
(3) Obtain data on the
assistance groups by race/ethnicity.
(a) The
race categories are: "American Indian" or "Alaska Native", "Asian", "Native
Hawaiian" or "Pacific Islander", "Black" or "African American", and "White".
The ethnicity categories are "Hispanic or Latino", and "Not Hispanic or
Latino."
(b) The SNAP application
requests that applicants voluntarily identify their race/ethnicity on the
application form. The application clearly indicates that the information is
voluntary, that it will not affect eligibility or the level of benefits, and
that the reason for the information is to ensure that program benefits are
distributed without regard to race, color, or national origin.
(c) In order to comply with required
reporting of racial/ethnic data, the county agency shall collect the racial and
ethnic data from observation during the interview when the information is not
voluntarily provided by the assistance group on the application form.
(4) Establish and
maintain a system for program complaints.
(a) The county agency shall make information
on the program complaint system and how to file a
complaint available to participants, potential participants, and other
interested persons. The county agency may make the information available
through written materials or posters at certification offices or other
appropriate means.
(b) Each county
agency shall establish and maintain a system for handling program complaints
filed by participants, potential participants, or other concerned individual or
groups. Program complaints
include, but are not limited to
:
(i) Processing standards;
(ii) Services to participants and potential
participants;
(iii) Long waiting
lines;
(iv) Location and hours of
service;
(v) Availability of
applications; and
(vi) Availability
of twenty-four hour service.
(5) After a
program complaint is received the county agency
shall:
(a) Obtain as much information as
possible to get a clear understanding of what the complaint is;
(b) Establish a corrective action plan in an
effort to correct the issue;
(c)
Respond to the individual who submitted the complaint explaining how the issue
will be resolved; and
(d) Maintain
records of complaints received and their disposition, and shall review records
at least annually to assess whether patterns of problems may be present. The
county agency shall make these records available for review by the state agency
and FNS upon request.