475 Neb. Admin. Code, ch. 1, § 001

Current through September 17, 2024

Section 475-1-001 - GENERAL POLICIES

The Supplemental Nutrition Assistance Program is a federal low income nutrition program established by Title 7 of the United States Code (U.S.C.) Chapter 51. The program is managed by the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA) which has promulgated federal regulations found at 7 Code of Federal Regulations (CFR) §§ 271-285 governing the administration of the Program. Nebraska participates in the Supplemental Nutrition Assistance Program as authorized by Nebraska Revised Statute (Neb. Rev. Stat.) §§ 68-1017 -1017.02.

001.01PURPOSE. The purpose of the Supplemental Nutrition Assistance Program is to:

(A) Safeguard the health of the nation's low income families through better nutrition;

(B) Increase the food purchasing power of low income families; and

(C) Increase the flow of foods from the nation's farms through the normal trade channels.

001.02RIGHT TO APPLY. Every person has the right to apply for Supplemental Nutrition Assistance Program benefits. Application forms will be readily accessible to any groups, organizations, or private citizens who request the forms.

001.03PROGRAM INFORMATION. Persons or agencies desiring information concerning any part of the program may contact any of the following:

(A) The Nebraska Department of Health and Human Services, Division of Children and Family Services, Economic and Family Support, Supplemental Nutrition Assistance Program, Nebraska State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509;

(B) Mountain Plains Regional Office, United States Department of Agriculture, Food and Nutrition Service, 1244 Speer Blvd., Suite 903, Denver, Colorado 80204; or

(C) The Administrator, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Alexandria, Virginia 22302.

001.04COMPLAINTS. Complaints regarding program policy or civil rights may be filed by participants, potential participants, or other concerned individuals or groups. Individuals may contact the Department for information about filing a complaint or the procedure for filing a complaint. Complaints may be filed by telephone, by letter, or in person. Collect calls will be accepted by all offices. Civil Rights complaints or program policy complaints may be filed verbally or in writing according to the following. Applicants and participants may file complaints regarding any aspect of program administration including:

(1) Household certification;

(2) Supplemental Nutrition Assistance Program benefit issuance;

(3) Fair hearing conduct; or

(4) Any other program service management.

001.04(A)PROGRAM POLICY COMPLAINTS. Each local office has information available to the public regarding the procedures to follow in filing a program complaint and lists the name and telephone number of the contact person for that office. If an individual wants to file a complaint, the individual may do so with either:

(1) A contact person designated by the Service Area Administrator to accept service complaints in each local office; or

(2) The Central Office of the Nebraska Department of Health and Human Services, Office of Economic and Family Support, Food Program Unit, Nebraska State Office Building, 301 Centennial Mall South, Lincoln, NE 68509.

001.04(A)(i)DOCUMENTING COMPLAINTS. In situations where complaints are resolved at the worker level, the complaint will not be documented. The Department documents all other complaints. All documented complaints are forwarded to Food Programs, Central Office, within 30 days of the receipt of the complaint.

001.04(A)(i)(1)DEPARTMENT ACTIONS ON COMPLAINTS. The Department takes the following actions in regard to the complaint:

(a) Investigate the complaint;

(b) Take corrective action where warranted; and

(c) Respond to the complainant on the disposition of the complaint.

001.04(B)CIVIL RIGHTS COMPLAINTS. Discrimination based on age, race, color, sex, disability, religion, national origin, or political belief is prohibited. The Department will not discriminate against any applicant or participant in any aspect of program administration including:

(1) Household certification;

(2) Supplemental Nutrition Assistance Program benefit issuance;

(3) Fair hearing conduct;

(4) Any other program service management; or

(5) Reprisal or retaliation for prior civil rights activity.

001.04(B)(i)FILING OF CIVIL RIGHTS COMPLAINTS. Persons or agencies desiring to file a complaint alleging discrimination on the basis of age, race, color, sex, disability, religion, national origin, or political belief may contact any of the following:

(a) United States Department of Agriculture, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov;

(b) Mountain Plains Regional Office, United States Department of Agriculture, Food and Nutrition Service, 1224 Speer Blvd., Suite 903, Denver, Colorado 80204; or

(c) Nebraska Health and Human Services, Economic and Family Support, Food Program Unit, Nebraska State Office Building, 301 Centennial Mall South, Lincoln, NE 68509.

001.04(B)(i)(1)COMPLAINT REPORTING FOR THOSE REQUIRING ASSISTANCE. Individuals with disabilities who require alternative means for communication of program information, such as Braille, large print, or audiotape, should contact United States Department of Agriculture's Technology and Accessible Resources Give Employment Today Center at (202) 720-2600, which is voice and Telecommunications Device for the Deaf.

001.04(B)(i)(2)TIMELY COMPLAINT REPORTING. The civil rights complaint must be filed no later than 180 days from the date of the alleged incident of discrimination if the person requests action on the complaint.

001.04(B)(ii)DISCRIMINATION COMPLAINT REQUIREMENTS. Discrimination complaints must contain the following information:

(1) The name, address, and phone number of the person alleging discrimination or other means of contacting this person;

(2) The location and name of the office which is accused of discriminatory action;

(3) The nature of the incident, action, or program administration that led to the complaint;

(4) The basis for the alleged discrimination such as age, race, color, sex, disability, religion, national origin, or political belief;

(5) The names and titles, if known, and addresses of persons who may have knowledge of the alleged discriminatory act; and

(6) Each date on which the action occurred.

001.04(B)(iii)VERBAL COMPLAINTS. If the complainant makes accusations verbally to a Department worker and is unable or reluctant to put the allegations in writing, the Department asks the individual to contact Food and Nutrition Service directly. If the complainant is unwilling to do so, the Department will document the complaint and forward it to the Director, Office of Adjudication.

001.05AVAILABILITY OF PUBLIC INFORMATION. Federal regulations, state plans of operation, federal procedures, the Nebraska Supplemental Nutrition Assistance regulations, Guidance Documents and supplemental instructions issued for use in certifying households are maintained at the Central Office for examination by the general public on regular workdays during office hours.

001.06PRUDENT PERSON PRINCIPLE. The Department assesses all circumstances regarding case eligibility and uses appropriate judgment in requiring further verification or information before determining eligibility and benefit level.

001.07PROGRAM INFORMATIONAL ACTIVITIES. Program informational activities convey information about the Supplemental Nutrition Assistance Program, including household rights and responsibilities, to applicant and recipient households through means such as publications, telephone hot lines, films, media, and face-to-face contacts.

001.07(A)INFORMATION AVAILABLE IN LOCAL OFFICES. The local office provides the public information on civil rights, claims, overpayments, and Supplemental Nutrition Assistance Program benefit reduction. All program informational material is available in languages other than English and includes a statement that the program is available to all persons without regard to age, race, color, sex, disability, religion, national origin, or political beliefs.

475 Neb. Admin. Code, ch. 1, § 001

Amended effective 7/4/2020

Amended effective 9/17/2024