[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: 7CFR272.6]



[Page 612-613]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 272_REQUIREMENTS FOR PARTICIPATING STATE AGENCIES--Table of Contents

 

Sec. 272.6  Nondiscrimination compliance.



    (a) Requirement. State agencies 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 coupons, 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, or political beliefs. Discrimination 

in any aspect of program administration is prohibited by these 

regulations, the Food Stamp Act, the Age Discrimination Act of 1975 

(Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, 

section 504), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 

2000d). Enforcement action may be brought under any applicable Federal 

law. Title VI complaints shall be processed in accord with 7 CFR part 

15.

    (b) Right to file a complaint. Individuals who believe that they 

have been subject to discrimination as specified in paragraph (a) of 

this section may file a written complaint with the Secretary or the 

Administrator, FNS, Washington, DC 20250, and/or with the State agency, 

if the State agency has a system for processing discrimination 

complaints. The State agency shall explain both the FNS and, if 

applicable, the State agency complaint system to each individual who 

expresses an interest in filing a discrimination complaint and shall 

advise the individual of the right to file a complaint in either or both 

systems.

    (c) FNS complaint requirements. (1) Complaints shall contain the 

following information to facilitate investigations:

    (i) The name, address, and telephone number or other means of 

contacting the person alleging discrimination.

    (ii) The location and name of the organization or office which is 

accused of discriminatory practices.

    (iii) The nature of the incident or action or the aspect of program 

administration that led the person to allege discrimination.

    (iv) The reason for the alleged discrimination (age, race, color, 

sex, handicap, religious creed, national origin, or political belief).

    (v) The names, titles (if appropriate), and addresses of persons who 

may have knowledge of the alleged discriminatory acts.

    (vi) The date or dates on which the alleged discriminatory actions 

occurred.

    (2) If a complainant makes allegations verbally and is unable or is 

reluctant to put the allegations in writing, the FNS employee 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



[[Page 613]]



provide the information specified in paragraph (c)(1) of this section.

    (3) Complaints will be accepted by the Secretary or the 

Administrator, FNS, even if the information specified in paragraph 

(c)(1) of this section is not complete. However, investigations will be 

conducted only if information concerning paragraphs (c)(1) (ii), (iii) 

or (iv) of this section is provided.

    (4) A complaint must be filed no later than 180 days from the date 

of the alleged discrimination. However, the time for filing may be 

extended by the Secretary.

    (d) State agency complaint requirements. (1) The State agency may 

develop and use a State agency complaint system.

    (2) The State agency shall submit to FNS a report on each 

discrimination complaint processed at the State level. The report shall 

contain as much information in paragraph (c)(1) of this section as is 

available to the State agency, the findings of the investigation, and, 

if appropriate, the corrective action planned or taken.

    (e) Reviews. [Reserved]

    (f) Public notification. The State agency shall: (1) Publicize the 

procedures described in paragraphs (b) and (c) of this section, and, if 

applicable, the State agency's complaint procedures; (2) insure that all 

offices involved in administering the program and that also serve the 

public display the nondiscrimination poster provided by FNS; and (3) 

insure that participants and other low-income households have access to 

information regarding nondiscrimination statutes and policies, complaint 

procedures, and the rights of participants, within 10 days of the date 

of a request.

    (g) Data collection. The State agency shall obtain data on 

households 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 

State agency may request applicants to identify voluntarily their race 

or ethnicity on the application form. The application form in these 

States shall clearly indicate 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 assure that program benefits are 

distributed without regard to race, color, or national origin. The State 

agency shall develop alternative means of providing the racial and 

ethnic data on households, such as by observation during the interview, 

when the information is not voluntarily provided by the household on the 

application form.

    (h) Reports. As required by FNS, the State agency shall report the 

racial/ethnic data on participating households on forms provided by FNS.



[Amdt. 132, 43 FR 47884, Oct. 17, 1979. Redesignated by Amdt. 211, 47 FR 

53315, Nov. 26, 1982, as amended by Amdt. 356, 59 FR 29713, June 9, 

1994]