1. (a) If a complaint is received by a division with over 50 employees or by a division who has assigned a division ADA coordinator, the division ADA coordinator shall conduct an initial agency review of the complaint; however, the state ADA coordinator may, with the concurrence of the department ADA coordinator, instead assign the initial agency review to an ADA coordinator in another division of the department to facilitate a more timely review or to improve communication with the complainant. If a complaint is received by a department and the complaint does not fall under the jurisdiction of a division ADA coordinator, the department ADA coordinator shall conduct the initial agency review of a complaint; however, the state ADA coordinator may, with the concurrence of the commissioner of the department, instead assign the initial agency review to an ADA coordinator in another department to facilitate a more timely review or to improve communication with the complainant.
2. (b) As part of an initial agency review, the department or division ADA coordinator shall meet with the complainant, in person or via telecommunication, to attempt to jointly develop a plan to resolve the complaint; the meeting must occur within 10 working days after receipt of the complaint unless the state ADA coordinator authorizes more time for good cause. The department or division ADA coordinator shall receive guidance and direction from the commissioner of the department and the state ADA coordinator. Within 10 working days after a satisfactory resolution is reached, the division or department ADA coordinator shall issue a formal written agreement to be signed by the department and division ADA coordinators, the commissioner of the department, and the complainant. The department or division ADA coordinator shall make the written agreement available to the complainant in an accessible format.

3. (c) A formal written agreement reached under (b) of this section must include a

   1. (1) description of the complaint;
   2. (2) finding of facts;
   3. (3) description of the resolution;
   4. (4) time line to implement the agreement; and
   5. (5) statement that the agency and the complainant agree to comply with the provisions of the agreement.

4. (d) Within 10 working days after the department or division ADA coordinator has determined that a satisfactory resolution cannot be reached under (b) of this section, the department or division ADA coordinator who conducted the initial agency review shall issue to the complainant a written notice of nonresolution. The department or division ADA coordinator shall make the notice of nonresolution available to the complainant in an accessible format. A notice of nonresolution must include a

   1. (1) description of the complaint;
   2. (2) summary of any proposed plan to resolve the complaint; and
   3. (3) statement of the issues that could not be resolved.
5. (e) If, after an initial agency review by a division ADA coordinator, a satisfactory resolution is not reached, the complainant may request that the complaint be reviewed by the department ADA coordinator. A department ADA coordinator shall conduct the second review according to the same procedure used for an initial agency review under (b) - (d) of this section.
6. (f) The commissioner of the department must concur with a final notice of nonresolution if it is the final agency review available to the complainant.
7. (g) A division or department ADA coordinator shall send a copy of a formal agreement under (c) of this section or notice of nonresolution under (d) or (e) of this section to the state ADA coordinator at the same time the agreement or notice is provided to the complainant.

(Eff. 11/27/93, Register 128)