Utah Admin. Code R907-62-6 - Appeals
(1) The complainant may appeal the director's
decision to the executive director within ten working days after the
complainant is served with the director's decision.
(2) The appeal shall be in writing or in
another accessible format reasonably suited to the complainant's ability.
(3) The executive director may
name a designee to assist on the appeal. The ADA coordinator and the director's
designee may not also be the executive director's designee for the appeal.
(4) In the appeal the complainant
shall describe in sufficient detail why the decision does not effectively
address the complainant's needs.
(5) The executive director or designee shall
review the ADA coordinator's recommendation, the director's decision, and the
points raised on appeal prior to reaching a decision. The executive director
may direct additional investigation as necessary. The executive director shall
consult with representatives from other state agencies that would be affected
by the decision, including the Office of Management and Budget, the Department
of Human Resource Management, the Division of Risk Management, the Division of
Facilities Construction Management, and the Office of the Attorney General
before making any decision that would:
(a)
involve an expenditure of funds beyond what is reasonably able to be
accommodated within the applicable line item so that it would require a
separate appropriation;
(b)
require facility modifications; or
(c) require reassignment to a different
position.
(6) The
executive director shall issue a final decision within 15 working days after
receiving the complainant's appeal. The decision shall be in writing, or in
another accessible format suitable to the complainant, and shall be promptly
delivered to the complainant.
(7)
If the executive director or designee is unable to reach a final decision
within the 15 working day period, the complainant shall be notified in writing,
or by another accessible format suitable to the complainant, why the final
decision is being delayed and the additional time needed to reach a final
decision.
Notes
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