- (1) The complainant may appeal the vice chair's decision to the chair within ten working days after the complainant's receipt of the vice chair's decision.
- (2) The appeal shall be in writing or in another accessible format reasonably suited to the complainant's ability.
- (3) The chair may name a designee to assist on the appeal. The ADA coordinator and the Board administrator may not also be the chair's designee for the appeal.
- (4) In the appeal, the complainant shall describe in sufficient detail why the decision does not effectively address the complainant's needs.
(5) The chair shall review the ADA Coordinator's recommendation, the vice chair's decision, and the points raised on appeal prior to reaching a decision. The Board's chair may direct additional investigation as necessary. The chair shall consult with representatives from other state agencies that would be affected by the decision, including the Governor's Office of Planning and Budget, the Division of Human Resource Management, the Division of Risk Management, the Division of Facilities Construction Management, the Utah Department of Corrections, and the Office of the Attorney General before making any decision that would:
- (a) involve an expenditure of funds beyond what is reasonably able to be accommodated within the applicable line item so that it would require a separate appropriation;
- (b) require facility modifications; or
- (c) require reassignment to a different position.
- (6) The chair shall issue a final decision within 15 working days after receiving the complainant's appeal. The decision shall be in writing, or in another accessible format suitable to the complainant, and shall be promptly delivered to the complainant.
- (7) If the chair is unable to reach a final decision within the 15 working day period, the complainant shall be notified in writing, or by another accessible format suitable to the complainant, why the final decision is being delayed and the additional time needed to reach a final decision.
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