[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR271.6]



[Page 560-561]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 271_GENERAL INFORMATION AND DEFINITIONS--Table of Contents

 

Sec. 271.6  Complaint procedure.



    (a) State agency responsibility--(1) General scope. The State agency 

shall maintain a system of its choosing for handling program complaints 

filed by participants, potential participants, or other concerned 

individuals or groups. This shall not include complaints alleging 

discrimination on the basis of race, sex, age, religious creed, national 

origin, political beliefs or handicap; such complaints shall be handled 

in accordance with Sec. 272.6. This procedure also need not include 

complaints that can be pursued through a fair hearing. Complaints 

regarding such areas as processing standards and service to participants 

and potential participants would generally be handled under this 

complaint procedure.

    (2) Minimum requirements. The State agency shall follow up on 

complaints, resolve complaints and take corrective action where 

warranted, and respond to the complainant on the State agency's 

disposition of the complaint. The State agency shall make information on 

the complaint system and how to file a complaint available to 

participants, potential participants and other interested persons. The 

State agency may make the information available through written 

materials or posters at certification offices or other appropriate 

means.

    (3) Complaint analysis. The State 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 in 

local offices, project areas, or throughout the State. The results of 

this review shall be provided to the Performance Reporting System 

coordinator for appropriate action, and for inclusion, if appropriate, 

in the State Corrective Action Plan in accordance with Sec. 275.16 of 

this chapter. The information provided to the Performance Reporting 

System Coordinator shall include the identification, if any, of 

potential or actual patterns of deficiencies in local offices, project 

areas, or throughout the State, and any identification of causes of 

these problems.

    (4) Monitoring. FNS shall monitor State compliance with these 

requirements through the Performance Reporting System.

    (b) Regional office responsibility. (1) Persons or agencies desiring 

program information or wishing to file a complaint may contact the 

appropriate FNS Regional Office.

    (i) For Delaware, the District of Columbia, Maryland, New Jersey, 

Pennsylvania, Puerto Rico, Virginia, the Virgin Islands of the United 

States, and West Virginia: Mid-Atlantic Regional Office, U.S. Department 

of Agriculture, Food and Nutrition Service, CN 02150, Trenton, NJ 08650.

    (ii) For Alabama, Florida, Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, and Tennessee: Southeast Regional Office, U.S. 

Department of Agriculture, Food and Nutrition Service, 77 Forsyth Street 

SW., suite 112, Atlanta, GA 30303-3427.

    (iii) For Illinois, Indiana, Michigan, Minnesota, Ohio and 

Wisconsin: Midwest Regional Office, U.S. Department of Agriculture, Food 

and Nutrition Service, 77 West Jackson Blvd., 20th Floor, Chicago, IL 

60604-3507.

    (iv) For Arkansas, Louisiana, New Mexico, Oklahoma, and Texas: 

Southwest Regional Office, U.S. Department of Agriculture, Food and 

Nutrition Service, 1100 Commerce Street, suite 5-C-30, Dallas, TX 75242.

    (v) For Alaska, Arizona, California, Guam, Hawaii, Idaho, Nevada, 

Oregon and Washington: Western Regional Office, U.S. Department of 

Agriculture, Food and Nutrition Service, 550 Kearny



[[Page 561]]



Street, room 400, San Francisco, CA 94108.

    (vi) For Connecticut, Maine, Massachusetts, New Hampshire, New York, 

Rhode Island, and Vermont: Northeast Regional Office, U.S. Department of 

Agriculture, Food and Nutrition Service, 10 Causeway St., Boston, MA 

02222-1069.

    (vii) For Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North 

Dakota, South Dakota, Utah, and Wyoming: Mountain Plains Regional 

Office, U.S. Department of Agriculture, Food and Nutrition Service, 1244 

Speer Blvd., suite 903, Denver, CO 80204-3581.

    (2) Complainants shall be advised of the appropriate State complaint 

handling and fair hearing procedures. Upon household request, other 

complaints shall be pursued by the Department rather than the State 

agency, unless the complaint is one upon which the complainant wishes to 

request a fair hearing.



[Amdt. 132, 43 FR 47882, Oct. 17, 1978, as amended at 45 FR 71350, Oct. 

28, 1980; Amdt. 187, 45 FR 85699, Dec. 30, 1980; Amdt. 211, 47 FR 53315, 

Nov. 26, 1982; Amdt. 237, 47 FR 57668, Dec. 28, 1982; Amdt. 250, 48 FR 

22130, May 17, 1983; Amdt. 269, 51 FR 10782, Mar. 28, 1986; Amdt. 356, 

59 FR 29713, June 9, 1994]