Utah Admin. Code R590-149-7 - Appeal
(1) The complainant
may appeal the decision of the director to the commissioner by filing an appeal
within ten working days of receipt of the director's decision.
(2) The appeal shall be filed in writing, or
in another accessible format reasonably suited to the complainant's
ability.
(3)
(a) The commissioner may name an assistant to
help with the appeal.
(b) Neither
the director, the ADA coordinator , nor the designee may be the commissioner's
assistant for the appeal.
(4) The appeal shall describe, in sufficient
detail, why the director's decision does not effectively address the
complainant's requirements.
(5)
(a) The commissioner shall review the ADA
coordinator's recommendation, the director's decision, and the issues raised on
appeal prior to reaching a decision.
(b) The commissioner may direct additional
investigation, as necessary.
(6) The commissioner shall consult with
representatives from any other state agency that may be affected by the
decision, as provided in Subsection
R590-149-6(6).
(7) The final written decision
shall be issued by the commissioner within 15 working days of receiving the
appeal.
(8) If the commissioner is
unable to reach a final decision within 15 working days, the qualified
individual will be notified that the final decision is being delayed and given
an estimate of the additional time needed to reach a decision.
Notes
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