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
are to 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
are not to 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
are to
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:
(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
happens 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
is to document the complaint in writing. Every effort
shall
is to 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
is to 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
responsibilities?
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
is to collect
the racial and ethnic data
from observation during
the interview
using alternative means
when the information is not voluntarily provided by the assistance group on the
application form.
Alternative means do not include
observation (also known as visual observation).
(4) Establish and maintain a system for
program complaints.
(a) The county agency
shall
is to
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
is to
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
is to:
(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
are to review records at least annually to assess
whether patterns of problems may be present. The county agency
shall
is to
make these records available for review by the state agency and FNS upon
request.
Notes
Ohio Admin. Code
5101:4-1-15
Effective:
7/1/2024
Five Year Review (FYR) Dates:
7/1/2027
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, 07/01/2022,
12/01/2023