Section .0200 - Dispute Resolution

Link to law: http://reports.oah.state.nc.us/ncac/title 25 - state human resources/chapter 02 - office of americans with disabilities act/25 ncac 02 .0201.html
Published: 2015

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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

parties locality.

(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

modification request.

(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.