Sec. 10.54.01.22. Nondiscrimination

A. Civil Rights Requirements.

(1) To ensure that an individual may not, on the grounds of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the Program, a local agency shall comply with the requirements of:

(a) Title VI of the Civil Rights Act of 1964 as incorporated by reference in Regulation .03C of this chapter;

(b) Title IX of the Education Amendments of 1972 as incorporated by reference in Regulation .03C of this chapter;

(c) §504 of the Rehabilitation Act of 1973 as incorporated by reference in Regulation .03C of this chapter;

(d) The Age Discrimination Act of 1975 as incorporated by reference in Regulation .03C of this chapter;

(e) USDA Food and Nutrition Service instructions issued by the Program to the local agencies; and

(f) USDA regulations on nondiscrimination as incorporated by reference in Regulation .03C of this chapter.

(2) A local agency shall:

(a) Notify the public of the nondiscrimination policy and complaint rights of a participant and an applicant as set forth in §B of this regulation;

(b) Review and monitor its activities to ensure Program compliance with the nondiscrimination laws and regulations; and

(c) Collect and report racial and ethnic participation data as required by Title VI of the Civil Rights Act of 1964, which prohibits discrimination in federally assisted programs on the basis of race, color, or national origin.

B. Complaints.

(1) An individual may submit to a local agency a complaint that alleges an incident of discrimination pursuant to §A of this regulation.

(2) The local agency shall forward to the State agency, within 10 days, the complaint which alleges discrimination.

(3) The State agency shall refer the complaint, including a complaint based on sex or handicap, to the USDA for investigation and necessary action.