16-01-143  

  • WSR 16-01-143
    EXPEDITED RULES
    DEPARTMENT OF
    SOCIAL AND HEALTH SERVICES
    (Economic Services Administration)
    [Filed December 21, 2015, 10:34 a.m.]
    Title of Rule and Other Identifying Information: WAC 388-426-0005 How do I make a complaint to the department?
    NOTICE
    THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, or deliver to 1115 Washington, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, AND RECEIVED BY February 22, 2015 [2016].
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed text updates the WAC with the correct contact information for the United States Department of Agriculture (USDA) in order to file a civil rights complaint or receive more information. The proposed changes update the title of the USDA director, the phone number for USDA and propose changing "Food Stamp Act" to "Food and Nutrition Act of 2008."
    Reasons Supporting Proposal: The proposed changes are needed to comply with USDA, Food and Nutrition Service supplemental nutrition assistance program civil rights management evaluation review and compliance audit corrective action.
    Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.510, 74.04.515, 74.08.090.
    Statute Being Implemented: Public Law No. 110-234, § 4001(a).
    Rule is necessary because of federal law, Public Law No. 110-234, § 4001(a).
    Name of Proponent: Department of social and health services, governmental.
    Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ezra Paskus, Capitol View 1, 712 Pear Street S.E., Olympia, WA 45470 [98501], (360) 725-4611.
    December 18, 2015
    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:
    Write:
    USDA
    HHS
    Director, Office of the Assistant Secretary for Civil Rights
    Director, Office for Civil Rights
    1400 Independence Avenue, S.W.
    Room 506-F
    Washington, D.C. 20250-9410
    200 Independence Avenue, S.W.
     
    Washington, D.C. 20201
    Or call:
    USDA
    HHS
    (((800) 795-3272)) (866) 632-9992 (voice); or
    (202) 619-0403 (voice); or
    (((202) 720-6382)) (800) 877-8339 (TTY).
    (202) 619-3257 (TTY).
    USDA and HHS are equal opportunity providers and employers.
    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.