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Chapter 3 - Rights and Responsibilities of the Department INTRODUCTION 3.1

The Department is responsible for ensuring that applicant/recipient rights and responsibilities are respected and enforced. In addition, the Department has many additional rights and responsibilities in administering federal and local programs. This chapter does not detail all the rights and responsibilities of the Department, however, major program responsibilities of the Department are provided herein. Additional Department rights and responsibilities are detailed in the federal and local legislation governing IMA-administered programs and in the policies set forth in this Manual.

LEGAL AUTHORITY 3.2

AREA/TOPIC DISTRICT FEDERAL Responsibilities of ALL: D.C. Code 4- ALL: 42 USC 1320d; 45 CFR 164.500-534 the Department 201.01-.04 MA: 42 USC 1396a(a)(3), (4), (7), (8), (43); 42 CFR 431.200- TANF: D.C. Code 206, 431.210-214, 431.220-231, 431.241-246, 431.300- 4-205; 3-209.4, 306, 435.905, 435.906, 435.907, 435.910-919 4-210 TANF: 45 CFR 260.35 GC: See TANF and D.C. Code 4-205- 5a FS: 7 CFR 272.1; 272.6; 273.2; 273.11; 273.13 Data Collection MA: 42 CFR 435.960 TANF: 45 CFR 265 FS: 7 USC 2020, 7 CFR 272.6

GENERAL RIGHTS OF THE DEPARTMENT 3.3

The Department has the right to use and assign volunteers, community workers, and/or contractors to assist the Department in administering all aspects of IMA programs. However, only Department staff may determine eligibility for IMA programs.

In addition, the Department has the right to recoup TANF and FS benefits erroneously provided, even if the Department bears responsibility for the overpayment (see Section 6.3: Overpayments and Section 6.4: Recovery in Part VIII).

GENERAL RESPONSIBILITIES OF THE DEPARTMENT 3.4

ALL The Department has certain responsibilities to protect the individual and civil rights of applicants/ Recipients in the operation and administration of IMA programs. They are as follows: The Department shall not discriminate against any applicant/recipient in the application or recertification process, the provision of services, the receipt of benefits or services, or the fair hearings or grievance process on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income or place of residence or business.