Rule 391-1-9-.02 - Accommodating Persons with Limited English Proficiency(1) Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English have Limited English Proficiency ("LEP"). The Department will take reasonable steps to ensure that persons with LEP have meaningful access to participate in the Department's services, activities, programs, and other benefits. All interpreters, translators, and other aids needed to comply with this rule will be provided without cost to the person being served. (a)Four-factor analysis to determine accommodations for LEP persons. The Divisions within the Department provide services to diverse members of the public. Thus, LEP persons encountered may vary depending on the region of the State served or the individuals served by a specific program. For these reasons, the Divisions will consider the following four factors when determining the services necessary for LEP persons under this policy. (i)Number or proportion of LEP persons. This requires assessing the number and proportion of LEP persons eligible to be served or likely to be encountered by a Division or program.(ii)Frequency of contact with the Division. This necessitates assessing how frequently LEP persons are encountered by a Division or program.(iii)Nature and importance of the program. This factor prioritizes vital programs and information and involves assessment of the relative importance of the program to the Division, to the state as a whole, or to the affected LEP community.(iv)Resources available. This entails assessing the resources available to the Division or program and the costs to implement accommodations for LEP persons.(b)Implementation of procedures. When Divisions have completed the four-factor analysis, each Division shall develop an accessibility and outreach policy that addresses the written and oral language assistance services that will be provided. Accessibility and outreach policies shall include: (i) identifying the language needs of LEP individuals;(ii) identifying ways in which language assistance will be provided;(iii) training staff on policies and procedures;(iv) providing notice of written and oral language assistance to LEP individuals;(v) monitoring and updating LEP policies and procedures; and(vi) providing notice of the grievance procedure to the public.(2)Grievance procedure regarding the Department's provision of services, activities, programs, or benefits to LEP persons.(a) This grievance procedure may be used by anyone who wishes to file a complaint alleging discrimination in the Department's provision of services, activities, programs, or benefits to LEP persons.(b) The complaint shall be in writing and contain information about the alleged discrimination such as name, address, and phone number of the complainant and the location, date, and description of the grievance. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available upon request.(c) The complaint should be submitted by the complainant and/or his designee as soon as possible, but no later than sixty (60) calendar days after the alleged violation.(e) Within 15 calendar days after receipt of the complaint, the LEP Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions.(f) Within 15 calendar days of the meeting, the LEP Coordinator will respond in writing. The response will explain the position of the Department and offer options for a substantive resolution of the complaint.(g) All written complaints received by the Department's LEP Coordinator and/or his/her designee and responses will be retained by the LEP Coordinator for at least three years. Ga. Comp. R. & Regs. R. 391-1-9-.02
O.C.G.A. § 12-2-4.
Original Rule entitled "Accommodating Persons with Limited English Proficiency" adopted. F. Oct. 26, 2021; eff. Nov. 15, 2021.