1. (1) Any qualified individual may file a complaint alleging noncompliance with the ADA or a federal regulation promulgated thereunder.
2. (2) A qualified individual shall file a complaint with the ADA coordinator, unless the complaint alleges that the ADA coordinator is non-compliant, in which case a qualified individual shall file a complaint with the designee.
3. (3) A qualified individual shall file a complaint within 90 days after the date of the alleged noncompliance to facilitate the prompt and effective consideration of pertinent facts and appropriate remedies; however, the commissioner has the discretion to direct that the grievance process be utilized to address legitimate complaints filed more than 90 days after alleged noncompliance.

4. (4) Each complaint shall:

   1. (a) include the qualified individual's name and address;
   2. (b) include the nature and extent of the qualified individual's disability;
   3. (c) describe the department's alleged discriminatory action in sufficient detail to inform the department of the nature and date of the alleged violation;
   4. (d) describe the action and accommodation desired; and
   5. (e) be signed by the complainant.
5. (5) A complaint filed on behalf of a class of qualified individuals or a third party shall describe and identify by name, if possible, the alleged victims of discrimination.
6. (6) If a complaint is not in writing, the ADA coordinator or designee shall reduce the complaint to writing.

7. (7) By filing a complaint or a subsequent appeal, the complainant authorizes the ADA coordinator or designee to conduct a confidential review of all relevant information, including:

   1. (a) any record classified as private or controlled under Sections 63G-2-302 and 63G-2-304, consistent with 42 U.S.C. Section 12112(d)(3)(B) and (C) and 42 U.S.C. 12112(d)(4)(A), (B), and (C); and
   2. (b) any relevant information otherwise protected by statute, rule, regulation, or other law.

KEY: insurance, ADA

Date of Last Change: January 10, 2022

Notice of Continuation: June 3, 2022

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