File No. 34853
This rule was published in the June 15, 2011, issue (Vol. 2011, No. 12) of the Utah State Bulletin.
Americans With Disabilities Act Implementation and Complaint Process
Notice of Proposed Rule
DAR File No.: 34853
Filed: 05/19/2011 03:38:05 PM
Purpose of the rule or reason for the change:
The department is filing this rule pursuant to the business impact review. The department is recommending repeal of this rule after consultation with the Department of Human Resource Management (DHRM). All ADA processes are now being addressed through DHRM. DHRM staff indicated the department should no longer have this rule in place.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 67-19-32
- Sections 34A-5-101 to 35A-5-108
Anticipated cost or savings to:
the state budget:
There will be no cost or savings to the state budget because ADA procedures will still exist; they will be administered by DHRM rather than Corrections.
There will be no cost or savings to local governments because ADA procedures will still exist; they will be administered by DHRM rather than Corrections.
There will be no cost or savings to small businesses because ADA procedures will still exist; they will be administered by DHRM rather than Corrections.
persons other than small businesses, businesses, or local governmental entities:
There will be no cost or savings to other persons because ADA procedures will still exist; they will be administered by DHRM rather than Corrections.
Compliance costs for affected persons:
There will be no compliance costs to affected persons because ADA procedures will still exist; they will be administered by DHRM rather than Corrections.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no fiscal impacts anticipated on businesses.
Thomas Patterson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Corrections
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549
Direct questions regarding this rule to:
- Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Thomas Patterson, Executive Director
R251. Corrections, Administration.
R251-112. Americans With Disabilities Act Implementation and Complaint Process. R251-112-1. Authority and Purpose. (1) This rule is promulgated pursuant to Section 63-46a-3(2) of the State Administrative Rulemaking Act. As
required by 28 CFR 35.107 (1992 ed.), the Department of
Corrections, as a public entity that employs more than 50
persons, adopts, defines, and publishes the complaint procedures
within this rule for the prompt and equitable resolution of
complaints alleging any action prohibited by the applicable
provisions of the Americans With Disabilities Act.
(2) The applicable provisions of 29 C.F.R. 1630 implement
the Americans With Disabilities Act, 42 U.S.C. 12101 through
12213, which provide that no qualified individual with a
disability, by reason of such disability, be denied employment,
be excluded from participation in, or be denied the benefits of
services, programs, or activities of the Department of
R251-112-2. Definitions. (1) "ADA" means Americans With Disabilities
(2) "ADA Coordinator" means the Department
designee who has the responsibility for the Department's
compliance with ADA.
(3) "ADA State Coordinating Committee" means
that committee with representatives designated by the directors
of the following agencies:
(a) Department of Human Resource Management;
(b) Division of Risk Management;
(c) Division of Facilities Construction Management;
(d) Office of the Attorney General.
(4) "Department" means the Department of
(5) "Disability" means with respect to an
individual with a physical or mental impairment that
substantially limits one or more major life activities as defined
(6) "HRM Representative" means the Director or
designee of the Department of Human Resource Management (DHRM)
field office within the Department who has responsibility for the
Department's compliance with ADA as it relates to
(7) "Qualified person with a disability" means
an individual with a disability who meets the skill, experience,
education, and other job-related requirements of a position held
or desired, and who, with or without reasonable accommodation, is
able to perform the essential functions of a job or meets the
criteria established for visiting offenders or accessing other
programs and services offered.
R251-112-3. Filing of Complaints. (1) Any qualified individual with a disability should
file a complaint with the Department no later than 60 days of the
alleged act of discrimination in order to expedite resolution of
(2) The complaint shall be filed with the
Department's ADA Coordinator in writing or in another
accessible format suitable to the individual.
(3) Each complaint should:
(a) include the individual's name, address, and phone
(b) include the nature and extent of the individual's
(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 any accommodation desired;
(e) be signed by the individual or by the
(4) Complaints filed on behalf of classes of third
parties should describe or identify by name, if possible, the
alleged victims of discrimination.
R251-112-4. Investigation of Complaint. (1) The ADA Coordinator or designee and the HRM
representative shall use reasonable diligence to investigate
complaints received and obtain and document all relevant facts.
This may include gathering all information listed in Section
R251-112-3(3), if it is not made available by the
(2) When conducting the investigation, the ADA
Coordinator or designee may seek assistance from the
Department's legal, human resource, budget staff and division
directors in determining what action, if any, shall be taken on
the complaint. The ADA Coordinator or designee may also consult
with the Executive Director in reaching a
(3) The ADA Coordinator or designee and the DHRM
representative shall consult with the ADA State Coordinating
Committee before making any decision that would involve:
(a) an expenditure of funds which is not absorbable
within the Department's budget and would require
(b) facility modifications which require an expenditure
of funds which is not absorbable within the Department's
budget and would require appropriation authority; or
(c) reclassification or reallocation in grade.
R251-112-5. Issuance of Decision. (1) Within 30 working days after receiving the complaint,
the ADA Coordinator or designee or the DHRM representative or
designee shall issue a decision outlining in writing or in
another accessible format suitable to the individual stating what
action, if any, shall be taken on the complaint.
(2) If the ADA Coordinator or designee or the DHRM
representative or designee is unable to reach a decision within
the 30 working day period, the ADA Coordinator or the DHRM
representative or designee shall notify the individual in
writing, or by another accessible format suitable to the
individual, why the decision is being delayed and what additional
time is needed to reach a decision.
R251-112-6. Appeals. (1) The individual may appeal the decision of the ADA
Coordinator or designee or the DHRM representative or designee by
filing an appeal within ten working days from the receipt of the
(2) The appeal shall be filed in writing or another
accessible format suitable to the individual with the Executive
Director of the Department. The Executive Director may name a
designee other than the ADA Coordinator to assist on the
(3) The appeal shall describe in sufficient detail why
the ADA Coordinator's decision does not meet the
individual's needs without undue hardship to the Department,
is incomplete or ambiguous, is not supported by the evidence, or
is otherwise improper.
(4) The Executive Director or designee shall review the
decision and the appeal. The Executive Director may direct
additional investigation as necessary before arriving at an
(5) The Executive Director or designee may consult with
the State ADA Coordinating Committee prior to making any decision
that would involve:
(a) an expenditure of funds which is not absorbable and
would require appropriation authority;
(b) facility modifications; or
(c) reclassification or reallocation in grade;
(6) The decision shall be issued within ten working days
after receiving the appeal and shall be in writing or in another
accessible format suitable to the individual.
(7) If the Executive Director or designee is unable to
reach a decision within the ten working day period, the Executive
Director shall notify the individual in writing or by another
accessible format suitable to the individual why the decision is
being delayed and the additional time needed to reach a
R251-112-7. Classification of Records. The record of each complaint and appeal, and all written
records produced or received as part of such actions, shall be
classified as protected as defined under Section 63-2-304, until
the Executive Director, ADA Coordinator, DHRM representative, or
their designees issue the decision at which time any portions of
the record which may pertain to the individual's medical
condition shall remain classified as private as defined under
Section 63-2-302, or controlled as defined in Section 63-2-303.
All other information gathered as part of the complaint record
shall be classified as private information.
R251-112-8. Relationship to Other Laws. This rule does not prohibit or limit the use of remedies
available to individuals under the Utah State Anti-Discrimination
Complaint Procedures; the Federal Americans with Disabilities Act
Complaint Procedures; or any other Utah State or federal law that
provides equal or greater protection for the rights of
individuals with disabilities.
KEY: complaint procedures, disabled persons
Date of Enactment or Last Substantive Amendment: March 11,
Notice of Continuation: November 13, 2007
Authorizing, and Implemented or Interpreted Law: 67-19-32;
34A-5-101 to 34A-5-108; 63-46a-3(2)]
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at email@example.com.