Section .0100 - Ada Grievance Procedures

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 01 - departmental rules/subchapter e/subchapter e rules.html
Published: 2015

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SUBCHAPTER 01E ‑ GRIEVANCE PROCEDURES

 

section .0100 - ADA GRIEVANCE PROCEDURES

 

10A NCAC 01E .0101       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable

resolution of complaints against any division within the Department of Human Resources

alleging any action prohibited by the U.S. Department of Justice regulations

implementing Title II of the Americans with Disabilities Act, 28 CFR Part 35.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

10A NCAC 01E .0102       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name

and address of the person filing it, and briefly describe the alleged violation

of 28 CFR Part 35.  If the complainant requires secretarial assistance in

preparing the complaint due to his disability, the Division ADA Coordinator

shall provide such assistance upon request of the complainant.

(b)  A complaint shall be filed with the Division ADA

Coordinator within 60 days after the complainant becomes aware of the alleged

violation.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0103       INVESTIGATION

An investigation of the allegations of the complaint shall

be conducted by a Section Chief designated by the Division ADA Coordinator. 

The investigation shall afford all interested persons and their

representatives, if any, an opportunity to submit evidence relevant to the

complaint.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0104       WRITTEN DETERMINATION

A written determination as to the validity of the complaint

and a description of the resolution, if any, shall be issued by the Division

ADA Coordinator and a copy forwarded to the complainant no later than 30 days

after the filing of the complaint.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0105       RECONSIDERATION

(a)  The complainant may request a reconsideration of the

determination as to the validity of the complaint in instances where he is

dissatisfied with the resolution.  The request for reconsideration shall be

made to the Division Director within 30 days of the issuance of the

determination of validity.

(b)  A written determination to the request for

reconsideration shall be issued by the Division Director or his designee, and

copy forwarded to the complainant and ADA Coordinator within 30 days after the

filing of a request for reconsideration.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0106       RECORDS

The Division ADA Coordinator shall maintain the files and

records of the Division relating to the complaints filed, written

determinations issued, and any reconsiderations requested or issued.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0107       OTHER REMEDIES

The right of a person to a prompt and equitable resolution

of the complaint filed under this Subchapter shall not be impaired by the

person's pursuit of other remedies such as the filing of an ADA complaint with

the responsible federal department or agency.  Use of the procedures of this

Subchapter is not a prerequisite for the pursuit of other remedies.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0108       CONSTRUCTION

This Subchapter shall be construed to protect the

substantive rights of interested persons, to meet appropriate due process

standards, and to assure that the Department and the Divisions comply with

Title II of the Americans with Disabilities Act and implementing regulations.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

section .0200 ‑ SECTION 504 GRIEVANCE PROCEDURES

 

10A NCAC 01E .0201       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable

resolution of complaints against any division within the Department of Human

Resources alleging any action prohibited by the U.S. Department of Justice

regulations implementing Section 504 of the Rehabilitation Act of 1973, 45 CFR

Part 84.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0202       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name

and address of the person filing it, and briefly describe the alleged violation

of 45 CFR Part 84.  If the complainant requires secretarial assistance in

preparing the complaint due to his disability, the Division Section 504

Coordinator shall provide such assistance upon request of the complainant.

(b)  A complaint shall be filed with the Division Section

504 Coordinator within 60 days after the complainant becomes aware of the

alleged violation.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0203       INVESTIGATION

An investigation of the allegations of the complaint shall

be conducted by a Section Chief designated by the Division Section 504

Coordinator.  The investigation shall afford all interested persons and their representatives,

if any, an opportunity to submit evidence relevant to the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0204       WRITTEN DETERMINATION

A written determination as to the validity of the complaint

and a description of the resolution, if any, shall be issued by the Division

Section 504 Coordinator and a copy forwarded to the complainant no later than

30 days after the filing of the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0205       RECONSIDERATION

(a)  The complainant may request a reconsideration of the

determination as to the validity of the complaint in instances where he is

dissatisfied with the resolution.  The request for reconsideration shall be

made to the Division Director within 30 days of the issuance of the

determination of validity.

(b)  A written determination to the request for

reconsideration shall be issued by the Division Director or his designee, and

copy forwarded to the complainant and Section 504 Coordinator within 30 days

after the filing of a request for reconsideration.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0206       RECORDS

The Division Section 504 Coordinator shall maintain the

files and records of the Division relating to the complaints filed, written

determinations issued, and any reconsiderations requested or issued.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0207       OTHER REMEDIES

The right of a person to a prompt and equitable resolution

of the complaint filed under this Subchapter shall not be impaired by the

person's pursuit of other remedies such as the filing of a Section 504

complaint with the responsible federal department or agency.  Use of the

procedures of this Subchapter is not a prerequisite for the pursuit of other

remedies.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0208       CONSTRUCTION

This Subchapter shall be construed to protect the

substantive rights of interested persons, to meet appropriate due process

standards, and to assure that the Department and the Divisions comply with

Section 504 of the Rehabilitation Act of 1973 and implementing regulations.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. 84.7;

Eff. May 1, 1994.

 

section .0300 ‑ TITLE VI OF THE CIVIL RIGHTS ACT OF

1964 GRIEVANCE PROCEDURES

 

10A NCAC 01E .0301       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable

resolution of complaints against any program or activity administered by the Department

of Human Resources, which receives federal financial assistance, alleging

discrimination based upon race, color, or national origin in violation of Title

VI of the Civil Rights Act of 1964.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0302       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name

and address of the person filing it, or his designee and briefly describe the

alleged violation of 45 CFR Part 80.

(b)  A complaint shall be filed with the Division or

institution ADA Coordinator not later than 180 days from the date of the

alleged discrimination.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0303       INVESTIGATION

An investigation of the allegations of the complaint shall

be conducted by the ADA Coordinator or his designee.  The investigation shall

afford all interested persons and their representatives, if any, an opportunity

to submit evidence relevant to the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0304       RESOLUTION OF MATTERS

(a)  If the investigation indicates a failure to comply with

the Act, the Division Director or his designee will so confirm the recipient

and the matter will be resolved by informal means whenever possible.

(b)  If the matter cannot be resolved by informal means,

then the Division Director or his designee shall refer the matter to the United

States Department of Justice with a recommendation that appropriate proceedings

be brought or proceed under any applicable state or local law.

(c)  If an investigation does not reveal a compliance issue,

the ADA Coordinator or his designee will inform the recipient and the

complainant, if any, in writing within 30 days after the investigation has been

completed.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0305       RECONSIDERATION

The complainant or recipient may request a reconsideration

in accordance with the law applied in which the complaint was resolved.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45

C.F.R. Part 80.7;

Eff. November 1, 1994.