DAR File No. 40689

Crime Victim Reparations, Administration

Rule R270-3

ADA Complaint Procedure

Notice of Proposed Rule

(Repeal)

DAR File No.: 40689
Filed: 08/23/2016 09:27:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being repealed because it is not specifically required under federal regulations, and the Office intends for it to be implemented elsewhere.

Summary of the rule or change:

The rule was adopted to establish grievance procedures to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition. The Office intends for the procedure to be implemented elsewhere. This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Title 63M, Chapter 7

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere.

local governments:

There are no anticipated costs or savings to local government that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere.

small businesses:

There are no anticipated costs or savings to small businesses that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons that are expected as a result of the repeal of this rule. The Office intends for the procedure to be implemented elsewhere.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts that this rule may have on businesses. The rule is being repealed, and the Office intends for the procedure to be implemented elsewhere.

Ron Gordon, Executive Director

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

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov

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:

10/17/2016

This rule may become effective on:

10/24/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

[R270-3. ADA Complaint Procedure.

R270-3-1. Authority and Purpose.

(1) The Office of Crime Victim Reparations adopts this grievance procedures rule to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition.

(2) No qualified individual with a disability shall, by reason of such disability, be excluded from or be denied the benefits of the services, programs, or activities or be subjected to discrimination by the Office of Crime Victim Reparations.

 

R270-3-2. Definitions.

(1) "ADA Coordinator" means the Support Services Coordinator of the Office of Crime Victim Reparations.

(2) "Disability" means, with respect to a qualified individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; a record of such an impairment; or being regarded as having such an impairment.

(3) "Major life activities" mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(4) "Qualified individual with a disability" means an individual with a disability, who with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Office of Crime Victim Reparations.

 

R270-3-3. Filing of Complaints.

(1) Any qualified individual with a disability may file a complaint within 180 days of the alleged noncompliance with the provision to Title II of the Americans with Disabilities Act of 1990 or the regulations promulgated thereunder. Complaints should be filed within 60 days to assure prompt, effective assessment and consideration of the facts and to allow time to pursue other available remedies, if necessary. However, any complaint alleging an act of discrimination occurring between January 26, 1992 and the effective date of this rule may be filed within 180 days of the effective date of this rule. The filing of a complaint or of a subsequent appeal is authorization by the complainant to allow necessary parties to review all relevant information, including records classified as private or controlled under the Government Records Access and Management Act and information otherwise protected by statute, rule, regulation, or other law.

(2) The complaint shall be filed with the ADA Coordinator in writing or in another accessible format suitable to the complainant.

(3) 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 office's alleged discriminatory action in sufficient detail to inform the office 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 the complainant's legal representative.

(4) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.

(5) If the complaint is not in writing, the ADA Coordinator shall transcribe or otherwise reduce the complaint to writing upon receipt of the complaint.

 

R270-3-4. Investigation of Complaints.

(1) The ADA Coordinator shall investigate complaints to the extent necessary to assure all relevant facts are collected and documented. This may include gathering all information listed in Subsection R270-3-3(3) of this rule if it is not made available by the complainant.

(2) The ADA Coordinator may seek assistance from the State of Utah Attorney General's Office, Department of Human Resource Management, and budget staff, in determining what action, if any, should be taken on the complaint. The ADA Coordinator may also consult with the Director of the Office of Crime Victim Reparations in reaching a recommendation. The ADA Coordinator shall consult with representatives from other state agencies that could be affected by the decision, including the Office of Planning 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 recommendation that would involve:

(a) an expenditure of funds beyond what is reasonably able to be accommodated within the applicable line item such that it would require a separate appropriation;

(b) facility modifications; or

(c) reclassification or reallocation in grade.

 

R270-3-5. Recommendation and Decision.

(1) Within 15 business days after receiving the complaint, the ADA Coordinator shall recommend to the Director what action, if any, should be taken on the complaint. The recommendation shall be in writing or in another accessible format suitable to the complainant.

(2) If the ADA Coordinator is unable to make a recommendation within the 15 business day period, he/she shall notify the complainant in writing or in another accessible format suitable to the complainant stating why the recommendation is delayed and what additional time is needed.

(3) The Director may confer with the ADA Coordinator and the complainant and may accept or modify the recommendation to resolve the cause of the complaint. The Director shall make a decision within 15 business days. The Director shall take all reasonable steps to implement the decision. The decision shall be in writing or in another accessible format suitable to the complainant.

 

R270-3-6. Appeals.

(1) The complainant may appeal the Director's decision to the Executive Director of the Commission on Criminal and Juvenile Justice within ten business days from the receipt of the 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 may not be the Executive Director's designee for the appeal.

(4) The appeal shall describe in sufficient detail why the decision does not meet the complainant's needs without causing undue hardship to the office.

(5) The Executive Director or designee shall review the ADA Coordinator's recommendation, the Director's decision, the points raised on appeal, and may direct additional investigation as necessary, prior to reaching a decision. The Executive Director shall consult with representatives from other state agencies that could be affected by the decision, including the Office of Planning 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 involve:

(a) an expenditure of funds beyond what is reasonably able to be accommodated within the applicable line item such that it would require a separate appropriation;

(b) facility modifications; or

(c) reclassification or reallocation in grade.

(6) The Executive Director shall issue a decision within 15 business days after receiving the appeal. It shall be in writing or in another accessible format suitable to the complainant.

(7) If the Executive Director or the Executive Director's designee is unable to reach a decision within the 15 business day period, that person shall notify the complainant in writing or by another accessible format suitable to the complainant stating why the decision is being delayed and the additional time needed to reach a decision.

 

R270-3-7. Relationship to Other Laws.

This rule does not prohibit or limit the use of remedies available to individuals under the State of Utah Antidiscrimination Complaint Procedures, the Federal ADA Complaint Procedures, or any other State of Utah or federal law that provides equal or greater protection for the rights of individuals with disabilities.

 

KEY: ADA complaint procedures

Date of Enactment or Last Substantive Amendment: 1994

Notice of Continuation: May 12, 2014

Authorizing, and Implemented or Interpreted Law: 34-35]