Page 12

(c) A hearing shall be held by the review official in addition to, or in lieu of, a review of written information submitted by the petitioner only if the petitioner so specifies in the written request for review. (d) If a hearing is requested by the petitioner, the petitioner and the Department shall be provided with at least ten (10) days advance written notice, sent certified mail, return receipt requested, of the time and place of the hearing. (e) Any information upon which the adverse action was based shall be available to the petitioner for inspection from the date of receipt of the request for review. (4) Decision Within 120 days of the Department’s receipt of the request for review, the review official shall inform the Department and the petitioner of the review official’s decision. (5) The Department’s action shall remain in effect during the review process. However, partici- pating institutions and facilities may continue to operate under the Program during a review of termination, unless the Department’s action is based on imminent danger to the health or safety of participants. If the institution or facility has been terminated for this reason, the Department shall so specify in its notice of action. Institutions electing to continue operating while appealing a termination shall not be reimbursed for any meals served during the period of the appeal if the Department’s action is upheld. HISTORY: Added by State Register Volume 24, Issue No. 7, eff July 28, 2000. ARTICLE 2 CIVIL RIGHTS (Statutory Authority: 1976 Code § 43–1–80) 114–200. Definitions. A. Client - an applicant for or recipient of aid or services granted under programs administered by the Department. B. Complainant - a client who files a complaint of discrimination against the Department. C. Days - calendar days, unless otherwise specified. D. Department - the South Carolina Department of Social Services. E. Discrimination - to deny unlawfully to any individual, on the basis of race, color, national origin, qualified disability, sex, age, religion, or political belief, or other unlawful basis, the opportunity to participate in or benefit from the aid of any program administered by the Department. F. OCR - the Department’s Office of Civil Rights. G. Person - an individual, partnership, corporation, association, governmental subdivision, or public or private agency or organization. H. Provider - a person or entity that has a contract with the Department or is a grantee or a licensee providing services under Programs administered by the Department. HISTORY: Added by State Register Volume 28, Issue No. 12, eff December 24, 2004. 114–210. Non-Discriminatory Practices. A. The Department of Social Services shall administer its programs in accordance with Title VI, Section 601 of the Civil Rights Act of 1964, as amended; Title V, Section 504 of the Rehabilitation Act of 1973, as amended; Title III, Section 303 of the Age Discrimination Act of 1975, as amended; Title VII, Section 1(c) of the Food Stamp Act of 1977, as amended; Title II of the Americans with Disabilities Act of 1990, as amended; and the Multi-Ethnic Placement Act of 1994, as amended. B. The Department shall not, directly or through contractual, licensing, or other arrangements: