UPM 1005.15 - Right to File a Discrimination Complaint and Right to a Hearing

CONNECTICUT DEPARTMENT OF SOCIAL SERVICESPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 9-1-04 Transmittal: UP-04-18 1005.15 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: ALL Rights of Applicants PROGRAMS ______________________________________________________________________________ Subject: Right to File a Discrimination Complaint and Right to a Hearing ______________________________________________________________________________

1005.15 A. Discrimination Complaint

The Department shall inform the assistance unit or their representative that they have the right to file a discrimination complaint if the assistance unit feels its civil rights have been violated by the Department with any of the following offices, as appropriate (cross reference: P-1005.10):

State of Connecticut Commissioner of the Department of Social Services Attn: Affirmative Action Division

State of Connecticut Commission on Human Rights and Opportunities

U.S. Department of Health & Human Services Office of Civil Rights

U.S. Department of Agriculture Office of Civil Rights

The Department shall advise the assistance unit or their representative that the complaint should contain the following information:

the name, address, and telephone number or other means of contacting the person alleging discrimination;

the location and name of the person or organization, if other than the Department, which is accused of discriminatory practices;

the nature of the incident or action or the aspect of program administration that led the person to allege discrimination;

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 2-1-06 Transmittal: UP-06-04 1005.15 page 2 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: ALL Rights of Applicants and Recipients PROGRAMS ______________________________________________________________________________ Subject: Right to File a Discrimination Complaint and Right to a Hearing ______________________________________________________________________________

1005.15 A. 2. Discrimination Complaint (continued)

the reason for the alleged discrimination, e.g. race, color, religious creed, sex, age, national origin, ancestry, criminal record, political beliefs, sexual orientation, mental retardation, mental disability, physical disability or learning disability;

the names, titles if appropriate, and address of persons who may have knowledge of the alleged discriminatory act; and

the date or dates on which the alleged discriminatory action occurred.

The Department shall document the complaint with the information listed in 1005.15(A)(2), if the assistance unit makes an oral complaint but is reluctant or unable to file a written one,

4. Upon receipt of a written complaint made to the department or after documenting an oral complaint taken for DSS, the worker shall forward the complaint to the Affirmative Action Division Director, Central Office.

The Affirmative Action Division Director shall:

review the complaint for determination of probable cause;

investigate the complaint;

resolve the complaint, if possible; and

submit a report on each discrimination complaint to the US Department of Agriculture, if the complaint is filed by a Food Stamp recipient

CONNECTICUT DEPARTMENT OF SOCIAL SERVICESPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 9-1-04 Transmittal: UP-04-18 1005.15 page 3 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POILCY ______________________________________________________________________________ Chapter: Program: ALL Rights of Applicants and Recipients PROGRAMS ______________________________________________________________________________ Subject: Right to File a Discrimination Complaint and Right to a Hearing _______________________________________________________________________________

1005.15 B. Right to a Hearing

Subject to the conditions described in Section 1570 (and section 8525 for TFA and 8080.15 for SAGA), the assistance unit has the right to a Fair Hearing if the Department fails to determine eligibility in a timely manner, or if the unit disagrees with a Department decision affecting eligibility for, or the amount of, benefits.