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Utah Administrative Code (Current through November 1, 2019) |
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R460. Housing Corporation, Administration |
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R460-8. Americans with Disabilities Act (ADA) Complaint Procedures |
| R460-8-1. Authority and Purpose |
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(1) UHC, pursuant to 28 CFR 35.107 adopts and publishes within this rule, complaint procedures providing for prompt and equitable resolution of complaints filed according to Title II of the Americans With Disabilities Act, as amended. (2) The provision of 28 CFR 35 implements the provisions of Title II of the Americans With Disabilities Act, as amended, 42 U.S.C. 12201, which provides that no qualified individual with a disability, by reason of such disability, 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 this or any such entity. |
| R460-8-2. Filing of Complaints |
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(1) Any qualified individual (defined as an individual who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by UHC; also, an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that individual holds or desires) may file a complaint alleging noncompliance with Title II of the Americans with Disabilities Act, as amended, or the federal regulations promulgated thereunder. (2) The complaint shall be filed timely to assure prompt, effective assessment and consideration of the facts, but no later than 90 days from the date of the alleged act of discrimination. (3) The complaint shall be filed with the president of UHC or the president's appointed ADA coordinator in writing or in another accessible format suitable to the complainant. (4) Each complaint shall include the following: (a) the complainant's name and mailing address; (b) the nature and extent of the complainant's disability; (c) a description of UHC's alleged discriminatory action in sufficient detail to inform UHC of the nature and date of the alleged violation; (d) a description of the action and accommodation desired; and (e) a signature of the complainant or by his or her 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. |
| R460-8-3. Investigation of Complaint |
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(1) The ADA coordinator shall investigate each complaint received. The investigation shall be conducted to the extent necessary to assure all relevant facts are determined and documented. This may include gathering all information listed in R460-8-2(4) if it is not made available by the complainant. (2) When conducting the investigation, the ADA coordinator may seek assistance from UHC's legal counsel and human resource staff in determining what action, if any, shall be taken on the complaint. The coordinator will consult with the president before making any decision that would involve any of the following: (a) an expenditure of funds; (b) facility modifications; or (c) modification of an employment classification. |
| R460-8-4. Issuance of Decision |
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(1) Within 30 days after receiving the complaint, the ADA coordinator shall issue a decision outlining in writing or in another suitable format stating what action, if any, shall be taken on the complaint. (2) If the ADA coordinator is unable to reach a decision within the 30 day period, he shall notify the complainant in writing or by another suitable format why the decision is being delayed and what additional time is needed to reach a decision. |
| R460-8-5. Appeals |
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(1) The complainant may appeal the decision of the ADA coordinator by filing an appeal within five working days from the receipt of the decision. (2) The appeal shall be filed in writing with the president or a designee other than the ADA coordinator. (3) The filing of an appeal shall be considered as authorization by the complainant to allow review of all information, including information classified as private or controlled, by the president or designee. (4) The appeal shall describe in sufficient detail why the ADA coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper. (5) The president or designee shall review the factual findings of the investigation and the complainant's statement regarding the inappropriateness of the ADA coordinator's decision and arrive at an independent conclusion and recommendation. Additional investigations may be conducted if necessary to clarify questions of fact before arriving at an independent conclusion. The president may consult with legal counsel and/or the human resource department before making any decision that would involve any of the following: (a) an expenditure of funds; (b) facility modifications; or (c) modification of an employment classification. (6) The decision shall be issued within 45 days after receiving the appeal and shall be in writing or in another suitable format to the individual. (7) If the president or his designee is unable to reach a decision within the 30 day period, he shall notify the complainant in writing or by another suitable format why the decision is being delayed and the additional time needed to reach a decision. |
| R460-8-6. Classification of Records |
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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 63G-2-305 until the ADA coordinator, president or their designees issue the decision at which time any portions of the record that may pertain to the individual's medical condition shall remain classified as private as defined under Section 63G-2-302 or controlled as defined in Section 63G-2-304. All other information gathered as part of the complaint record shall be classified as private information. Only the written decision of the ADA coordinator, president or their designees shall be classified as public information. |
| R460-8-7. Relationship to Other Laws |
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This rule does not prohibit or limit the use of remedies available to individuals under the Utah Antidiscrimination Act (see Utah Code 34A-5); the Federal ADA Complaint Procedures (28 CFR 35 Subpart F); or any other Utah or federal law that provides equal or greater protection for the rights of individuals with disabilities. |