Utah Admin. Code R590-149-4 - Complaint
(1) Any qualified
individual may file a complaint alleging noncompliance with the ADA or a
federal regulation promulgated thereunder.
(2) A qualified individual shall file a
complaint with the ADA coordinator, unless the complaint alleges that the ADA
coordinator is non-compliant, in which case a qualified individual shall file a
complaint with the designee.
(3) A
qualified individual shall file a complaint within 90 days after the date of
the alleged noncompliance to facilitate the prompt and effective consideration
of pertinent facts and appropriate remedies; however, the commissioner has the
discretion to direct that the grievance process be utilized to address
legitimate complaints filed more than 90 days after alleged
noncompliance.
(4) Each complaint
shall:
(a) include the qualified individual's
name and address;
(b) include the
nature and extent of the qualified individual's disability;
(c) describe the department's alleged
discriminatory action in sufficient detail to inform the department of the
nature and date of the alleged violation;
(d) describe the action and accommodation
desired; and
(e) be signed by the
complainant .
(5) A
complaint filed on behalf of a class of qualified individuals or a third party
shall describe and identify by name, if possible, the alleged victims of
discrimination.
(6) If a complaint
is not in writing, the ADA coordinator or designee shall reduce the complaint
to writing .
(7) By filing a
complaint or a subsequent appeal, the complainant authorizes the ADA
coordinator or designee to conduct a confidential review of all relevant
information, including:
(a) any record
classified as private or controlled under Sections
63G-2-302 and
63G-2-304,
consistent with
42 U.S.C. Section 12112(d)(3)(B)
and (C) and 42 U.S.C. 12112(d)(4)(A), (B),
and (C); and
(b) any relevant
information otherwise protected by statute, rule, regulation, or other
law.
Notes
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