SUBCHAPTER 01E ‑ GRIEVANCE PROCEDURES

 

section .0100 - ADA GRIEVANCE PROCEDURES

 

10A NCAC 01E .0101       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable resolution of complaints against any division within the Department of Human Resources alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act, 28 CFR Part 35.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

10A NCAC 01E .0102       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of 28 CFR Part 35.  If the complainant requires secretarial assistance in preparing the complaint due to his disability, the Division ADA Coordinator shall provide such assistance upon request of the complainant.

(b)  A complaint shall be filed with the Division ADA Coordinator within 60 days after the complainant becomes aware of the alleged violation.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0103       INVESTIGATION

An investigation of the allegations of the complaint shall be conducted by a Section Chief designated by the Division ADA Coordinator.  The investigation shall afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0104       WRITTEN DETERMINATION

A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Division ADA Coordinator and a copy forwarded to the complainant no later than 30 days after the filing of the complaint.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0105       RECONSIDERATION

(a)  The complainant may request a reconsideration of the determination as to the validity of the complaint in instances where he is dissatisfied with the resolution.  The request for reconsideration shall be made to the Division Director within 30 days of the issuance of the determination of validity.

(b)  A written determination to the request for reconsideration shall be issued by the Division Director or his designee, and copy forwarded to the complainant and ADA Coordinator within 30 days after the filing of a request for reconsideration.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0106       RECORDS

The Division ADA Coordinator shall maintain the files and records of the Division relating to the complaints filed, written determinations issued, and any reconsiderations requested or issued.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0107       OTHER REMEDIES

The right of a person to a prompt and equitable resolution of the complaint filed under this Subchapter shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency.  Use of the procedures of this Subchapter is not a prerequisite for the pursuit of other remedies.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

10A NCAC 01E .0108       CONSTRUCTION

This Subchapter shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the Department and the Divisions comply with Title II of the Americans with Disabilities Act and implementing regulations.

 

History Note:        Authority 28 C.F.R. 35.107;

Eff. May 1, 1993.

 

section .0200 ‑ SECTION 504 GRIEVANCE PROCEDURES

 

10A NCAC 01E .0201       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable resolution of complaints against any division within the Department of Human Resources alleging any action prohibited by the U.S. Department of Justice regulations implementing Section 504 of the Rehabilitation Act of 1973, 45 CFR Part 84.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0202       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of 45 CFR Part 84.  If the complainant requires secretarial assistance in preparing the complaint due to his disability, the Division Section 504 Coordinator shall provide such assistance upon request of the complainant.

(b)  A complaint shall be filed with the Division Section 504 Coordinator within 60 days after the complainant becomes aware of the alleged violation.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0203       INVESTIGATION

An investigation of the allegations of the complaint shall be conducted by a Section Chief designated by the Division Section 504 Coordinator.  The investigation shall afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0204       WRITTEN DETERMINATION

A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Division Section 504 Coordinator and a copy forwarded to the complainant no later than 30 days after the filing of the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0205       RECONSIDERATION

(a)  The complainant may request a reconsideration of the determination as to the validity of the complaint in instances where he is dissatisfied with the resolution.  The request for reconsideration shall be made to the Division Director within 30 days of the issuance of the determination of validity.

(b)  A written determination to the request for reconsideration shall be issued by the Division Director or his designee, and copy forwarded to the complainant and Section 504 Coordinator within 30 days after the filing of a request for reconsideration.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0206       RECORDS

The Division Section 504 Coordinator shall maintain the files and records of the Division relating to the complaints filed, written determinations issued, and any reconsiderations requested or issued.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0207       OTHER REMEDIES

The right of a person to a prompt and equitable resolution of the complaint filed under this Subchapter shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the responsible federal department or agency.  Use of the procedures of this Subchapter is not a prerequisite for the pursuit of other remedies.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

10A NCAC 01E .0208       CONSTRUCTION

This Subchapter shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the Department and the Divisions comply with Section 504 of the Rehabilitation Act of 1973 and implementing regulations.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. 84.7;

Eff. May 1, 1994.

 

section .0300 ‑ TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 GRIEVANCE PROCEDURES

 

10A NCAC 01E .0301       APPLICABILITY AND SCOPE

This Subchapter provides for the prompt and equitable resolution of complaints against any program or activity administered by the Department of Human Resources, which receives federal financial assistance, alleging discrimination based upon race, color, or national origin in violation of Title VI of the Civil Rights Act of 1964.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0302       COMPLAINTS

(a)  A complaint shall be filed in writing, contain the name and address of the person filing it, or his designee and briefly describe the alleged violation of 45 CFR Part 80.

(b)  A complaint shall be filed with the Division or institution ADA Coordinator not later than 180 days from the date of the alleged discrimination.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0303       INVESTIGATION

An investigation of the allegations of the complaint shall be conducted by the ADA Coordinator or his designee.  The investigation shall afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0304       RESOLUTION OF MATTERS

(a)  If the investigation indicates a failure to comply with the Act, the Division Director or his designee will so confirm the recipient and the matter will be resolved by informal means whenever possible.

(b)  If the matter cannot be resolved by informal means, then the Division Director or his designee shall refer the matter to the United States Department of Justice with a recommendation that appropriate proceedings be brought or proceed under any applicable state or local law.

(c)  If an investigation does not reveal a compliance issue, the ADA Coordinator or his designee will inform the recipient and the complainant, if any, in writing within 30 days after the investigation has been completed.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. Part 80.7;

Eff. November 1, 1994.

 

10A NCAC 01E .0305       RECONSIDERATION

The complainant or recipient may request a reconsideration in accordance with the law applied in which the complaint was resolved.

 

History Note:        Authority G.S. 143B‑10(j)(2); 45 C.F.R. Part 80.7;

Eff. November 1, 1994.