Section 1240-01-12-.02 - NONDISCRIMINATION(1) Compliance Provision. The Tennessee Department of Human Services, at all administrative levels, shall not discriminate against any applicant or participant in any program aspect, for reasons of age, race, color, sex, handicap, religious creed, national origin, or political belief. Discrimination in any aspect of program administration is prohibited by the Food Stamp Act of 1977 (Title XIII, PL 95-113), The Age Discrimination Act of 1975 ( PL 94-135), The Rehabilitation Act of 1973 ( PL 93-112, §504), and Title VI of the Civil Rights Act of 1964 ( 42 USC § 2000d.). Enforcement may be brought under any applicable Federal law. Title VI complaints shall be processed in accord with 7 CFR Part 15, USDA's regulations on nondiscrimination including AFDC Title VI complaints.(2) Filing Discrimination Complaints. (a) Discrimination Complaints - Food Stamps Only. Individuals who believe that they have been subject to discrimination for reasons of age, race, color, sex, handicap, religious creed, national origin, or political beliefs, may file a written complaint with the Secretary of Agriculture or the Administrator, FNS, Washington, DC 20250. 1. FNS Discrimination. Requirements (Food Stamps Only).(i) The complaint must contain the following information:(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, etc.).(V) The complaint will be registered and will be processed through the same system as the Fair Hearing process.(VI) A summary report of the complaint findings will be submitted to the Secretary or FNS Administrator by the Commissioner of Human Services.(b) Filing Discrimination Complaints - AFDC Only.1. Who May Complain. Any individual or his/her representative may file with the county, regional or the state office of the Department of Human Services, or with the Federal Department of Health and Human Services (DHHS), a complaint concerning discriminatory practices or actions on the part of the Department or any agency institution, organization, or medical care vendors or practitioners that participate in any way in federal aided welfare programs by providing aid, care, or services. The Department will investigate each complaint promptly to determine whether it is justified and, if justified, what corrective action is appropriate.2. Requirements for Discrimination Complaints.(i) Complaints will be filed in writing. If the complainant is not willing to complete the official form, he/she may write a letter setting forth his/her grievance.(ii) Upon receipt of a written complaint, a complete investigation shall be made promptly. When it is found that discrimination has occurred, corrective action shall be planned immediately. In any instance, a written report of the investigation must be made within 30 calendar days after the date the complaint is filed.(iii) Complaints of discrimination will be registered and processed through the same system as the Fair Hearing process.(iv) When the complaint applies to discriminatory actions on the part of contracting agencies, individuals, or institutions from which assistance or service is purchased or secured by the Department, the complainant will be interviewed to secure as much information as possible concerning the nature of the complaint, circumstances which precipitated it, and the date the alleged act occurred. This information will be forwarded to the Commissioner.3. Public Notification of Nondiscrimination Compliance.(i) A leaflet outlining the complaint procedure will be available in each county office.(ii) All Tennessee Department of Human Services Offices will prominently display a nondiscrimination poster.(iii) The Department shall insure that recipients and other low-income households shall have access to information regarding nondiscrimination statutes and policies, complaint procedures, and the rights of participants.4. Data Collection on Households by Racial/Ethnic Category - Food Stamps Only(i) Categories. Data shall be collected on all applicant/participant households by racial/ethnic category.(I) Applicants may be requested to identify voluntarily their race or ethnicity on the application form, but such information will not affect eligibility or the level of benefits.(II) When the information on racial/ethnic data is not voluntarily provided by the household on the application form, the worker at the intake interview must make this determination by observation.(ii) Reserved for future use.Tenn. Comp. R. & Regs. 1240-01-12-.02
Original rule filed August 15, 1980; effective September 29, 1980.Authority: T.C.A. §§ 14-8-112 and 14-27-104; 7 CFR 272.7 and 45 CFR 205.10.