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

Utah Admin. Code R590-149-4

Amended by Utah State Bulletin Number 2022-02, effective 1/10/2022