1. (1) "ADA coordinator" means a division director.
2. (2) "Department" means the Department of Commerce, created by Section 13-1-2.
3. (3) "Designee" means an individual appointed by the executive director or by an ADA coordinator.
4. (4) "Director" means the head of the division affected by a complaint filed under this rule.
5. (5) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, the record of the impairment, or being regarded as having the impairment.
6. (6) "Executive Director" means the executive director of the department.

7. (7) "Major life activity" includes:

   1. (a) caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working; and
   2. (b) the operation of a major bodily function such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

8. (8) "Qualified individual with a disability" means:

   1. (a) an individual who meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the department; or
   2. (b) an individual who, with or without reasonable accommodation, can perform the essential functions of an employment position that the individual holds or desires.

KEY: disabilities, complaints, grievances

Date of Last Change: November 21, 2022

Notice of Continuation: May 4, 2026

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-3-201(2)