12 NCAC 01 .0106. ADA DISPUTE RESOLUTION PROCEDURE

(a)  The North Carolina Department of Justice has established a grievance procedure to provide for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act.

(b)  Individuals seeking to initiate a grievance against the Department under Title II may initiate such grievance by filing a complaint in writing or orally.  The complaint shall contain the name and address of the person filing it, and a brief description of the alleged violation of the regulations.  It shall be filed within 30 days after the complainant becomes aware of the alleged violation and must be submitted to:

ADA Coordinator

North Carolina Department of Justice

P.O. Box 629

Raleigh, North Carolina  27602‑0629

(919) 733‑5837

(c)  An investigation, as may be appropriate, shall follow a filing of the complaint and shall be conducted by the ADA Coordinator.  The investigation shall be thorough, and all interested parties, and their representatives, if any, shall have an opportunity to submit evidence relevant to the complaint.  If the complainant fails to comply with a request for information from the ADA Coordinator within 15 days after receipt of the request, he shall be deemed to have abandoned his complaint.

(d)  A written determination of the validity of the complaint, and a description of the resolution, if any, or notice of the date when such determination and resolution will be made shall be issued by the ADA Coordinator with a copy to the complainant mailed via certified mail, return receipt requested, to the complainant's address of record no later than 15 days after the filing, but in any event, the determination or resolution shall be issued no more than 30 days after the filing.  Should the complainant have a known disability that renders a different form of communication necessary, the ADA Coordinator shall make reasonable efforts to effectively communicate her determination.

(e)  The complainant may request a reconsideration of the case in instances of dissatisfaction with the resolution within 15 days of receipt of the written determination.  The request shall be made to the ADA Coordinator.  The ADA Coordinator shall forward the request to the North Carolina Department of Justice Personnel Officer.  The Personnel Officer shall appoint a Committee consisting of at least three Departmental employees including the individual ultimately selected by the other committee members to be the Chair of the Committee.  Selected employees must agree to serve before they will be placed on the Committee.  Employees serving on a Committee shall inform the Departmental Personnel Officer of any conflict of interest in their serving on a Committee reviewing a particular complainant's case.  The Committee shall review the ADA Coordinator's determination and respond to the complainant or give notice of the date when such determination will be issued no later than 15 days after the Committee is appointed, but in any event, the determination shall be issued no more than 30 days after the Committee is appointed.  Should the complainant have a known disability that renders a different form of communication necessary, the Committee Chair shall make reasonable efforts to effectively communicate the Committee's determination.  If the complainant fails to comply with a request for information from the Committee within 15 days after receipt of the request, then he shall be deemed to have abandoned his complaint.

(f)  The Committee's determination shall be simultaneously submitted to the Attorney General as a written report containing a recommended course of action.  The Attorney General or his designated agent shall review the Committee's determination and recommendations.  The Attorney General may secure additional information that he deems necessary to render his decision.  This may involve meeting with the parties.  If the complainant fails to comply with a request for information from the Attorney General within 15 days after receipt of the request, he shall be deemed to have abandoned his complaint.  The Attorney General may adopt the Committee's recommendation in whole or in part or may choose any other course of action that he deems appropriate.  The Attorney General's decision shall constitute the final Departmental decision.  It shall be in writing and mailed via certified mail, return receipt requested, to the complainant's address of record.  Should the complainant have a known disability that renders a different form of communication necessary, the Department shall make reasonable efforts to effectively communicate its determination.  The final Departmental decision or notice of the date when such decision will be issued shall be communicated to the complainant within 30 days from the date the Committee's report is received in the Attorney General's office, but in any event, the decision shall be issued no more than 60 days from the date the Committee's report is received in the Attorney General's office.

(g)  The ADA Coordinator shall maintain the files and records of the North Carolina Department of Justice relating to the complaints filed for a period of three years after the final Departmental decision.

 

History Note:        Authority G.S. 114‑1; 114‑1.1; 28 C.F.R. 35.107;

Eff. January 1, 1994.