In addition to any other advice, assistance or accommodation
provided, a copy of the following notice shall be given to anyone who inquires
regarding the agency's compliance with the ADA or the availability of
accommodation which would allow a qualified individual with a disability to
receive services or participate in a program or activity provided by the
agency.
AGENCY NOTICE OF ADA PROCEDURE
The agency has adopted an internal grievance procedure
providing for prompt and equitable resolution of grievances alleging any action
prohibited by the U.S. Department of Justice regulations implementing Title 11
of the Americans with Disabilities Act. Title 11 states, in part, that "no
otherwise qualified disabled individual shall, solely by reason of such
disability, be excluded from participation in, be denied the benefits of or be
subjected to discrimination" in programs or activities sponsored by a public
entity.
Rules describing and governing the internal grievance
procedure can be found in the New Jersey Administrative Code, N.J.A.C. 15:1. As
those rules indicate, grievances should be addressed to the agency's designated
ADA Coordinator, who has been designated to coordinate ADA compliance efforts,
at the following address:
John F. Kettner
ADA Coordinator
New Jersey Department of State
CN 459
Trenton, New Jersey 08625
1. A grievance may be filed in writing or
orally, but should contain the name and address of the person filing it, and
briefly describe the alleged violation. A form for this purpose is available
from the designated
ADA coordinator. In cases of employment related grievances,
the procedures established by the Department of Personnel,
N.J.A.C.
4A:7-1.1 et seq. will be followed where
applicable.
2. A grievance should
be filed promptly within 30 days after the grievant becomes aware of the
alleged violation. (Processing of allegations of discrimination which occurred
before this grievance procedure was in place will be considered on a
case-by-case basis.)
3. An
investigation, as may be appropriate, will follow the filing of a grievance.
The investigation will be conducted by the agency's designated ADA Coordinator.
The rules contemplate informal but thorough investigations, affording all
interested persons and their representatives, if any, an opportunity to submit
evidence relevant to a grievance.
4. In most cases a written determination as
to the validity of the grievance and a description of the resolution, if any,
will be issued by the designated decision maker and a copy forwarded to the
grievant no later than 45 days after its filing.
5. The ADA coordinator will maintain the
files and records of the agency relating to the grievances filed.
6. The right of a person to a prompt and
equitable resolution of the grievance filed hereunder will not be impaired by
the person's pursuit of other remedies such as the filing of an ADA grievance
with the responsible Federal department or agency or the New Jersey Division on
Civil Rights. Use of this grievance procedure is not a prerequisite to the
pursuit of other remedies.
7. The
rules will be construed to protect the substantive rights of interested
persons, to meet appropriate due process standards and to assure that the
agency complies with the ADA and implementing Federal rules.
