S.C. Code Regs. § § 114-230

Current through Register Vol. 48, No. 10, October 25, 2024

Section 114-230 - Filing Complaints of Discrimination

A. Clients who believe that they have suffered from the unlawful discriminatory acts of the Department while applying for or accessing Department benefits or services may address a signed, written complaint to any of the following:

1. The Office of Civil Rights of the South Carolina Department of Social Services

2. The State Director of the Department

3. Department of Health and Human Services, Office of Civil Rights

4. USDA Food and Nutrition Services, Civil Rights Division

5. US Department of Justice, Civil Rights Division

B. Complainants shall file their complaints as quickly as possible. Each complaint shall include the name of the complainant and sufficient information for the Department to contact that person by mail, a clear description and the date(s) of the alleged discriminatory act, and the Department employee or volunteer that was allegedly involved. No complaint will be investigated unless it meets the following criteria:

1. The complaint must be in writing and signed by the complainant. When requested, accommodation or assistance will be provided to complainants in reducing their complaints to written form.

2. The complaint must be received by the department or by one of the above listed agencies within one hundred eighty days of the alleged discriminatory act. The Department may waive the one hundred eighty day limit if the complainant can show good cause for the delay in timeliness. The determination as to whether or not good cause exists rests solely with the Department.

3. The allegation must fall within the definition of discrimination under federal and state laws.

4. The complainant must be a member of a protected class as defined under federal and state discrimination laws.

S.C. Code Regs. § 114-230

Amended by State Register Volume 28, Issue No. 12, eff December 24, 2004.