(A)What is the
nondiscrimination policy for the supplemental nutrition assistance program
(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 (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,
age, disability, religious creed, or political beliefs.
(B)What steps
shall be followed ifwhen
an individual feelsbelieves
they were subjected to discrimination?
An individual who believes he or shethey hashave been subject to discrimination may file a written
complaint with either the USDA and/or the Ohio
department of job and family services (ODJFS), bureau of civil rights.
(1)To file a
program complaint of discrimination with the USDA, an individual may:
(a)Complete the
USDA "Program Discrimination Complaint Form", (AD-3027) (1/19/12)
found online at http://www.ascr.usda.gov/complaint_filing_cust.htmlhttps://www.usda.gov/sites/default/files/documents/usda-program-discrimination-complaint-form.pdf and, at any USDA office;, or may be requested from the USDA by calling (866) 632-9992; or
(b)Submit a
written letter or completed USDA "Program
Discrimination Complaint Form" which may be requested from the USDA by
calling (866) 632-9992 that includes the
information described in paragraph (C) of this rule. An individual may
submit the letter or completed form to USDA by:
(i)Mail:
"U.S. Department of Agriculture, Office of the Assistant Secretary for
Civil Rights, 1400 Independence Avenue, SW Washington, D.C. 20250-9410";
or
(ii)Fax: (202)
690-7442; or
(iii)Email:
program.intake@usda.gov.
(2)To An individual may also file
a written complaint with the Ohio department of job and
family services ODJFS, . To file a written complaint,
an individual may submit the JFS 02333,
"Discrimination complaint" form or submit
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, 37th30th Floor, Columbus,
Ohio 43215- 3414."
(C)What needs to
be included in a written complaint to facilitate an
investigation?
(1)Name, address, telephone
number, or other means of contacting the person alleging discrimination.
(2)Location and
name of the organization or office whichthat 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, disability, religious creed,
national origin, or political beliefs).
(5)The names,
titles (ifwhen
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 ifwhen 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)What department
accepts the written complaints?
Written complaints will be accepted by the secretary of
agriculture or the administrator of food and nutrition service (FNS) even ifwhen the above information outlined
in this rule is not complete. However, investigations will be conducted
only ifwhen the information
in paragraphsparagraph (C)(1), (C)(2), (C)(3), andor (C)(4) of this rule is provided.
(F)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.
(G)What are the
county agencies required to do?
County agencies shall:
(1)Provide
information on the nondiscrimination clause.
(a)Publicize the
procedures described in paragraphs (B) and (C) of this rule, and, if
applicable, the county agency's 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 ( effective December 1, 2015)(revised September 2019) provided by FNS.
(c)Ensure that
participants and other low-income assistance groups have access to information
regarding nondiscrimination statutes and policies, complaint procedures, and
their rights, within ten days of the date of a request for the information.
(2)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.
(3)Establish and
maintain a system for complaints.
(a)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.
(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. This includes but is not limited to the following:
(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.
(4)After a
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.
Effective: 7/1/2022
Five Year Review (FYR) Dates: 2/24/2022 and 07/01/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 06/07/2022
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 5101.54, 329.04, 329.042
Prior Effective Dates: 06/02/1980, 04/01/1981, 06/18/1981,
08/01/1981, 01/22/1982, 07/01/1996, 11/01/1997, 12/01/2002 (Emer.), 01/06/2003,
07/01/2006, 10/01/2011, 02/28/2017