TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER II: ATTORNEY GENERAL
PART 125 AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 125.60 REVIEW


 

Section 125.60  Review

 

a)         If the grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and designated coordinator's response to the Attorney General for final review.  The complainant shall submit these documents to the Attorney General, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's written response, within five (5) business days after complainant's receipt of the designated coordinator's response.  The Attorney General will extend the period for submitting the review request and supporting documents for up to ten (10) additional days upon complainant's request.

 

b)         The Attorney General shall appoint a three (3) member panel to review the grievance.  One member so appointed shall be designated chairman.

 

c)         The complainant shall be afforded an opportunity to appear before the panel.  Complainant shall have a right to appoint a representative to appear on his/her behalf.  The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         The panel shall make recommendations in writing to the Attorney General as to the proper resolution of the grievance.  All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members.  A dissenting member of the panel may also make a signed, written recommendation to the Attorney General.

 

e)         Upon receipt of recommendations from a panel, the Attorney General shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties.  The Attorney General's decision shall be final.  If the Attorney General disapproves or modifies the panel's recommendations, the Attorney General shall include written reasons for such disapproval or modification.

 

f)         A complainant's failure to appeal the designated coordinator's response for review by the Attorney General within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the coordinator.