SECTION .0200 - DISPUTE RESOLUTION
25 ncac 02 .0201 DISPUTE RESOLUTION PROCESS
When a public entity or contractor refuses to provide a
requested program modification, the following procedure shall apply:
(1) The individual or entity denying a program
modification request shall provide a written rationale to the PSAC for the
refusal of the request.
(2) The PSAC shall review the decision and consult with
the agency ADA Coordinator and the NCOADA for technical assistance.
(3) The PSAC shall transmit the decision and the
rationale for the denial to the requesting party and shall discuss other
possible methods of assuring accessibility with the requesting party.
(4) The PSAC shall inform the requesting party of the
availability of the alternative dispute resolution process and shall also
inform him of his right to contact the NC Governor's Advocacy Council for
Persons with Disabilities or the United States Department of Justice to request
an investigation of the denial of the program modification request.
(5) When the requesting party chooses informal
resolution, he shall be referred to the NCOADA, which shall make efforts to
informally resolve the issue of the denial of the program modification request
by the use of facilitation and mediation efforts involving the requesting party
and the person or agency denying the request.
(6) When the NCOADA does not achieve informal
resolution, which shall be indicated by the withdrawal of the complaint, the
NCOADA shall refer the requesting party to mediation sources in the requesting
(7) When the requesting party refuses the referral or
resolution is not achieved through formal mediation, the NC Office on the ADA
shall, on request, assist the requesting party in contacting the NC Governor's
Advocacy Council for Persons with Disabilities or the United States Department
of Justice to request an investigation of the denial of the program
(8) The PSAC shall keep records of all requests both
approved and denied and shall document on-going efforts to provide equal
accessibility in its delivery of services to disabled consumers.
History Note: Authority G.S. 168A-10.1;
Eff. July 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. October 28, 2014.