Public Safety, Administration

Rule R698-3

Americans With Disabilities Act (ADA) Complaint Procedure

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35549
Filed: 12/16/2011 03:06:39 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is made under authority of Subsection 63G-3-201(3). As required by 28 CFR 35.107, the Department of Public Safety adopts and publishes the grievance procedures within this rule for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, as amended.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received during or since the last five-year review of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Continuation of Rule R698-3 is required by statute. This rule implements the provisions of 28 CFR 35 which in turn implements Title II of the Americans with Disabilities Act, which provides that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by the department because of a disability. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Amy Lightfoot at the above address, by phone at 801-718-7901, by FAX at 801-965-4608, or by Internet E-mail at [email protected]

Authorized by:

Lance Davenport, Commissioner

Effective:

12/16/2011