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.
