5101:4-1-15 Food assistance: nondiscrimination.

 

 

 

5101:4-1-15                 Nondiscrimination.

 

 

 

(A)    County agencies shall not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of AGs, the issuance of couponsbenefits, the conduct of fair hearings, or the conduct of any other program service for reasons of age, race, color, sex, handicap, religious creed, national origin, sex, age, disability, religion or political beliefs. Discrimination in any aspect of program administration is prohibited by program regulations, the Food Stamp Act, the Age Discrimination Act of 1975 (PL 94-135), and Title VI of the Civil Rights Act of 1964 (42 USC 2000D), and. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), specifies that no handicapped individual shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program (including food stamps) or activity receiving federal financial assistance. Enforcement action may be brought under any applicable federal law. Title VI complaints shall be processed in accord with 7 CFR Part 15, USDA's regulations on nondiscrimination.

 

(B)   PeopleIndividuals who believe that they have been subject to discrimination may file a written complaint with the secretary of agriculture or the administrator of FCS, Alexandria, Virginia 22302"United States Department of Agriculture, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, S.W., Washington D.C., 20250-9410", telephone number [phone] (Voice and TDD), and/or with the "Ohio departmentDepartment of Job and Familyhuman services Services, bureau Bureau of human resources, 30 East Broad Street, 32nd Floor Civil Rights, 145 South Front Street, First Floor, Columbus, Ohio 43266-0423 43215-4156."

 

(C)  Complaints shall contain the following information to facilitate investigations:

 

(1)    Name, address, telephone number, or other means of contacting the person alleging discrimination.

 

(2)      Location  and  name  of  the  organization  or  office  which  is  accused  of discriminatory practices.

 

(3)    The nature of the incident or action of program administration that led the complainantperson to allege discrimination.

 

(4)        The    reason    for    the    alleged    discrimination    (age,     race,    color,         sex, handicapdisability, religious creed, national origin, or political belief).

 

(5)   The names, titletitles (if appropriate), and addresses of persons who may have knowledge of the alleged discriminatory acts.

 

 

(6)   The date or dates on which the alleged discriminatory action(s) occurred.

(D)    If a complainant 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 complainant provide the information listed in paragraph (C) of this rule.

(E)      Written complaints will be accepted by the secretary of agriculture or the administrator of FCSFNS even if the above information is not complete. Persons who file written complaints are encouraged to provide this information to facilitate investigation. However, Investigationsinvestigations will be conducted only if the information in paragraphs (C)(2), (C)(3), and (C)(4) of this rule is provided.

(F)   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.

(G)  County agencies shall:

(1)       Publicize the procedure for handling civil rights complaintsprocedures described in paragraphs (B) and (C) of this rule, and, if applicable, the county agency's complaint procedures.

(2)   Ensure that all offices involved in administering the program and that also serve the public display the nondiscrimination poster provided by FCSFNS.

(3)   Ensure that participants and other low-income AGs have access to information regarding nondiscrimination statutes and policies, complaint procedures, and rights of participants, within ten days of the date of a request.

(H)   The state agency shall obtain data on AGs by racial/ethnic category. The racial/ethnic categories are: American Indian or Alaskan Native, Asian or Pacific Islander, black (not of Hispanic origin), Hispanic, and white (not of Hispanic origin). The food stamp application requests that applicants voluntarily identify their race or 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. In order to comply with required reporting of racial/ethnic data, the EWcounty agency shall code on the work sheet the racial and ethnic data from observation during the interview when the information is not voluntarily provided by the AG on the application form.

(I)    Each county agency shall establish and maintain a system for handling program complaints filed by participants, potential participants, or other concerned individual or groups. This shall not include complaints alleging discrimination on the basis of race, color sex, age, religious creed, national origin, sex, age, disability, religion, or political beliefs, or handicap. This procedure also shall not include complaints that are appealable issues under fair hearing procedures, such as contesting one's level of benefits, as these issues are to be resolved through county conferences and state hearings. On the other hand, complaints regarding such areas as processing standards and services to participants and potential participants would generally be handled under the complaint procedure described below. Examples of this type of complaint are complaints about long waiting lines, locations and hours of service, availability of applications, and availability of twenty-four-hour service.

(J)     The county agency shall follow up on complaints, resolve complaints and take corrective action where warranted, and respond to the complainant on the county agency's disposition of the complaint. The county agency shall make information on the 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.

(K)      The county agency shall 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/or FCSFNS upon request.

Effective:                                01/06/2003

R.C. 119.032 review dates:    10/22/2002 and 01/06/2008

CERTIFIED ELECTRONICALLY

Certification

12/27/2002

Date

Promulgated Under:   111.15

Statutory Authority:   5101.54

Rule Amplifies:           329.04, 329.042, 5101.54 Prior Effective Dates: 6/2/80, 4/1/81, 6/18/81,

8/1/81, 1/22/82, 7/1/96,

11/1/97