10:87-1.12 Complaint procedures

(a) Persons who believe that they have been subject to discrimination as described in N.J.A.C. 10:87-1.11 may complain directly to USDA and/or to DFD. The CSSA shall explain the complaint procedures and advise the individual(s) of their right to file a complaint. (b) A complaint must be filed no later than 180 days from the date of alleged discrimination, unless the period is extended by USDA. (c) The CSSA shall accept all complaints of discrimination and forward them promptly to the Director of DFD who will in turn forward them to USDA. (d) If a person alleges verbally that a discriminatory act has been committed and does not (or cannot) put it in writing, the CSSA worker receiving the complaint shall do so. If possible, the following information shall be obtained from the complainant: 1. Name, address and telephone number or other means of contacting the persons alleging discrimination; 2. Location and name of the organization or office and/or person(s) accused of discriminatory practices; 3. The nature of the incident, action, or aspect of the program administration that led to the alleged discrimination; 4. The reasons for the alleged discrimination (that is, age, race, color, sex, disability, religious creed, national origin or political belief); 5. Names, titles (if appropriate), and addresses of persons (other than the complainant who may have knowledge of the discriminatory act(s); and 6. The date or dates on which the alleged discriminatory actions occurred. (e) Written complaints shall be forwarded to the Director of DFD if the information in (d) above is not complete. Persons who file complaints shall be encouraged to provide this information to facilitate the investigation of the alleged discrimination and shall be advised that investigations by USDA will be conducted only if information specified in (d)2, 3 and 4 above is provided. (f) To file a complaint of discrimination directly to USDA, complete the USDA Program Discrimination Complaint Form, found online at https://www.ascr.usda.gov/sites/default/files/Complain_combined_6_8_12_508_0.pdf, or at any USDA office, or call (866) 632-9992 to request the form, or write a letter containing all the information requested in the form. Send completed complaint forms or letters to: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or e-mail at program.intake@usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. History HISTORY: Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Amended by R.1994 d.42, effective January 18, 1994. See: 25 N.J.R. 4697(b), 26 N.J.R. 377(a). Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Deleted the introductory phrases throughout. Amended by R.2009 d.94, effective March 16, 2009. See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b). Added (f). Amended by R.2017 d.022, effective February 6, 2017. See: 48 N.J.R. 695(a), 49 N.J.R. 267(a). Rewrote (f).