The local office shall be required to comply with
complaint-reporting procedures set forth by the State Department. In addition,
the local office shall advise any household wishing to file a complaint of the
complaint procedure and assist in filing a complaint, as appropriate.
The State Department shall ensure that information concerning
the complaint system, including the procedure for filing a complaint at the
state or county level, is made available to client and any other interested
parties. Such information shall be made available to clients and other
interested parties through written materials and posters, including the
relevant USDA "And Justice for All" poster. These materials shall be
prominently displayed in all certification and issuance offices.
The local office shall make every effort to resolve all
complaints, excluding complaints of discrimination, brought to their attention
at the local level. All complainants shall be informed they have the right to
contact the State Department if they are not satisfied with the action taken at
the local level.
4.160.1
State
Department and Local Office Responsibility
A. The State Department shall maintain
records of complaints received. These records shall be obtained via submission
from local offices on a frequency set forth by the State Department. These
records will be reviewed on an office-by-office basis at least annually. The
local office shall analyze complaint records for any potential or actual
patterns of deficiencies and shall include descriptions of those patterns with
its submitted materials.
Complaints lodged directly with the State Department shall be
triaged by the Department. Appropriate complaints shall be referred to the
relevant local office for resolution.
B. When requested by the State Department,
the local office shall be responsible to respond to any complaint no later than
the response date specified by the Department in the forwarded complaint.
"Respond to" refers not only to acknowledgement of receipt, but also the
successful completion of the resolution criteria outlined by the Department in
the complaint.
C. The State-level
complaint system shall include notification to the complainant, either verbally
or in writing, of the action taken in resolving the complaint. Notification to
the complainant shall be accomplished within the following time frames:
1. Complaints involving expedited services
shall be investigated and a response provided to the complainant no later than
three (3) business days following the date the complaint was received by the
State Department.
2. All other
complaints shall be investigated, and a response provided to the complainant no
later than thirty (30) calendar days following the date the complaint was
received by the State Department.
D. If a complaint can be resolved through the
fair hearing process, the State Department shall advise the complainant of the
process for requesting a fair hearing and offer the complainant assistance to
request a fair hearing. The State Department may require the local office to
provide the same offer of assistance to the complainant.
4.160.2
Non-Discrimination Complaint
Requirements
State and local offices shall not discriminate against any
applicant or participant in any aspect of program administration, including,
but not limited to, the certification of households, the issuance of benefits,
the conduct of fair hearings, or the conduct of any other program service for
reasons of age, race, color, sex, disability, religious creed, national origin,
political beliefs, or reprisal or retaliation for prior civil rights activity
in any program or activity funded by the USDA. Discrimination in any aspect of
program administration is prohibited. Local offices shall ensure that the
nondiscrimination poster provided by FNS is prominently displayed. Posters may
be obtained through the State Department.
The local office shall explain complaint procedures to each
person expressing an interest in filing a discrimination complaint and shall
advise the individual of the right to file a complaint under this procedure.
Such information shall be made available within ten (10) calendar days from the
date of request.
4.160.21
Discrimination Complaint Procedure
A. Individuals who believe they have been
subject to discrimination may file a written complaint with the USDA, FNS
national office, the local office, and/or the State Department. All complaints
of alleged discrimination shall be made in writing and shall be submitted to
the FNS national office.
If allegations of discrimination are made verbally, and if
the complainant is unable or unwilling to put the allegations in writing, the
State or county employee to whom the allegation is made shall document the
complaint in writing. The person accepting the complaint shall make every
effort to secure the information specified in Subsection C, below.
B. The complainant shall be
advised that a complaint may be submitted to the State Department, FNS or both,
and that a complaint shall not be investigated unless information specified in
items C, 2, through C, 4, below, is provided. In addition, the complainant
shall be advised that a complaint must be filed no later than one hundred
eighty (180) calendar days from the date of the alleged discrimination. The
local office shall date stamp or otherwise note the date the complaint is
received by the office.
1. Complaints
directed to the FNS national office shall be addressed to: U.S. Department of
Agriculture, Director, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue, S.W., Washington, D.C. 20250-9410; Fax: (202) 690-7442;
Email: program.intake@usda.gov.
2.
Complaints directed to the State Department shall be addressed to: Colorado
Department of Human Services, SNAP, 1575 Sherman St., Denver, CO
80203.
C. The complaint
shall include the following information to facilitate investigations to be
considered complete:
1. The name, address,
and telephone number or other means of contacting the person alleging
discrimination;
2. The location and
name of the office which is accused of discriminatory practices;
3. The nature of the incident or action, or
the aspect of Program administration that led the person to allege
discrimination;
4. The reason for
the alleged discrimination;
5. The
name(s) and title(s), if appropriate, of person(s) who may have knowledge of
the alleged discriminatory act; and
6. The date(s) on which the alleged
discriminatory action(s) occurred.
4.160.22
Disposition of Discrimination
Complaints
When the local office receives a complaint of alleged
discrimination and obtains a complete discrimination complaint, it shall
transmit a copy of the complaint to the FNS national office and/or the State
Department within five (5) working days. The State Department shall file the
complaint with the FNS national office on behalf of the complainant if the
local office does not file the complaint with the FNS national
office.
Notes
10 CCR 2506-1-4.160
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
