Utah Admin. Code R907-62-3 - Filing of Complaints
(1) Any
qualified individual may file a complaint alleging noncompliance with Title II
of the Americans with Disabilities Act, as amended, or the federal regulations
promulgated thereunder.
(2)
Qualified individuals shall file their complaints with the Department 's ADA
Coordinator , unless the complaint alleges that the ADA Coordinator was
non-compliant, in which case qualified individuals shall file their complaints
with the Department's designee.
(3) Qualified individuals shall file their
complaints within 180 days after the date of the alleged noncompliance to
facilitate the prompt and effective consideration of pertinent facts and
appropriate remedies.
(4) Each
complaint shall:
(a) include the
complainant's name and address;
(b) include the nature and extent of the
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 or by his legal representative.
(5) Complaints filed on behalf of classes or
third parties shall describe or identify by name, if possible, the alleged
victims of discrimination.
(6) If
the complaint is not in writing, the ADA coordinator or designee shall
transcribe or otherwise reduce the complaint to writing upon receipt of the
complaint.
(7) By the filing of a
complaint or a subsequent appeal, the complainant authorizes necessary parties
to conduct a confidential review all relevant information, including records
classified as private or controlled under the Government Records Access and
Management Act, Utah Code, Subsection
63G-2-302(1)(b)
and Section
63G-2-304,consistent
with
42 U.S.C. 12112(d)(4)(A), (B), and
(C) and 42 U.S.C. Section 12112(d)(3)(B) and
(C), and relevant information otherwise protected by statute, rule, regulation,
or other law.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.