1. (1) Any qualified individual may file a complaint alleging non-compliance with Title II of the Americans with Disabilities Act, as amended, or the federal regulations promulgated thereunder.
2. (2) Qualified individuals shall file their complaints with the Board's ADA Coordinator, unless the complaint alleges that the ADA Coordinator was non-compliant, in which case qualified individuals shall file their complaints with the Board's administrator.
3. (3) Qualified individuals shall file their complaints within 90 days after the date of the alleged non-compliance to facilitate the prompt and effective consideration of pertinent facts and appropriate remedies. However, the Board's administrator has the discretion to direct that the grievance process be utilized to address legitimate complaints filed more than 90 days after alleged non-compliance.

4. (4) Each complaint shall:

   1. (a) include the complainant's name and address;
   2. (b) include the nature and extent of the individual's disability;
   3. (c) describe the Board's alleged discriminatory action in sufficient detail to inform the Board 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 or by the complainant's legal representative.
5. (5) Complaints filed on behalf of classes or third parties shall describe or identify by name, if possible, the persons allegedly aggrieved by the reported discrimination.
6. (6) If the complaint is not in writing, the ADA Coordinator shall ensure that the complaint is transcribed or otherwise summarized in writing upon receipt of the complaint.
7. (7) By filing a complaint or a subsequent appeal, the complainant authorizes necessary parties to conduct a confidential review of all relevant information, including records classified as private or controlled under the Government Records Access and Management Act, Subsection 63G-2-302(1)(b) and Section 63G-2-304, consistent with 42 U.S.C. 12112(d)(4)(A), (B), and (C) and 42 U.S.C. 2112(d)(3)(B) and (C), and relevant information otherwise protected by statute, rule, regulation, or other law.

KEY: disabilities

Date of Last Change: August 21, 2025

Notice of Continuation: September 17, 2024

Authorizing, and Implemented or Interpreted Law: 67-19A-302; 63G-3-201(3); Title 63G Chapter 2; 34A-5-107