WSR 16-14-049 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed June 29, 2016, 11:32 a.m., effective July 30, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is updating WAC 388-426-0005 How do I make a complaint to the department?, with the correct information for contacting the United States Department of Agriculture (USDA) in order to file a civil rights complaint or receive more information. The update also changes the title of the USDA director, the phone number for USDA, and changes "Food Stamp Act" to "Food and Nutrition Act of 2008."
Citation of Existing Rules Affected by this Order: Amending WAC 388-426-0005.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.515, 74.08.090.
Adopted under notice filed as WSR 16-01-143 on December 21, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 29, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 06-10-057, filed 5/1/06, effective 6/1/06)
WAC 388-426-0005 How do I make a complaint to the department?
If you do not agree with a decision we made or an action we took, you can make a complaint. We address your concerns based on the nature of your complaint.
Civil Rights:
(1) We will not discriminate based on your race, color, national origin, sex, age, disability, religion, or political beliefs. This agrees with:
(a) Federal law and policy of the United States Department of Agriculture (USDA) and the United States Department of Health and Human Services (HHS) that ban discrimination based on race, color, national origin, sex, age or disability; and
(b) The Food ((Stamp)) and Nutrition Act of 2008 and USDA policy, which bans discrimination on religion or political beliefs.
(2) To file a complaint that we discriminated based on your race, color, national origin, sex, age, disability, religion, or political beliefs, contact USDA or HHS:
Complaints about our decisions or actions:
(3) If you do not agree with a decision we made or an action we took, you may use our complaint process:
(a) Supervisor review: You may give a supervisor a written complaint. We will:
(i) Make a decision about your written complaint within ten days of the date we get it; and
(ii) Send you a letter telling you what we decided and that you may have another review by the local office administrator if you ask for it.
(b) Administrator review: If you do not accept the decision you get from a supervisor, you may give the local office administrator a written complaint. We will:
(i) Make a decision about your written complaint within ten days of the date we get it; and
(ii) Send you a letter telling you what we decided.
(4) When we send you a letter with the administrator's decision, this ends the complaint process.
(5) If you file a written complaint, you may still ask for a fair hearing under chapter 388-02 WAC.
(6) You may always speak with your worker's supervisor or have them review your worker's decision even if you do not file a formal complaint.
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