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FOOD AND NUTRITION SERVICES MANUAL GENERAL PROCEDURES & REQUIREMENTS FNS 120 COMPLAINTS AND FAIR HEARING PROCESS

1 Change #1-2021 May 1, 2021 FNS 120 COMPLAINTS AND FAIR HEARING PROCESS Change #1-2021 May 1, 2021

120.01 COMPLAINTS PROCEDURES A. There are three distinct procedures for filing and processing complaints regarding operation of Food and Nutrition Services (FNS). The nature of the complaint must be examined in order to determine which of the three systems is appropriate for the particular complaint. The three systems are: 1. Fair Hearings, 2. Discrimination, and 3. State Complaint Procedures. B. Persons or agencies desiring program information whose requests cannot be satisfied at the local or State level may contact the FNS Regional Office at: USDA/Food and Nutrition Service Southeast Region 61 Forsyth St. S.W. Room 8T36 Atlanta, GA 30303-3427

120.02 FAIR HEARINGS A. Complaints concerning eligibility for the program and benefit levels are handled according to procedures in Section 705, Hearings. B. Complaints concerning the establishment of or the amount of inadvertent household or agency error claims and complaints concerning the amount of Intentional Program Violation (IPV) claims are also handled under fair hearing procedures. C. Complaints concerning the establishment of an IPV claim are not handled under fair hearing procedures, as IPV claims result from either prosecution through the court system or an administrative disqualification hearing.

120.03 DISCRIMINATION COMPLAINTS A. People who believe that they have been subjected to discrimination as specified in Section 115.04 may file a complaint with the United States Department of Agriculture (USDA). Complaints alleging discrimination in any aspect of program administration, including, but not limited to, the certification of a household, the issuance of FNS, the conduct of a fair hearing, or the conduct of any other program service on the basis of race, color, national origin, sex, religion, age, disability, or political beliefs are made to the United