Section 1725.30  General Grievance Procedures

a)         General

The Department will endeavor to respond to and resolve reasonable accommodation requests and any complaints of alleged discrimination without the need to resort to the formal grievance procedure established by this Part.

b)         Outreach

The Department will provide a copy of this formal grievance procedure and the required formal grievance intake forms to anyone making a request or expressing a desire to file a formal grievance.

c)         Assistance

The Department will assist a complainant with the completion of the formal grievance intake form upon request.

d)         Timeliness

Unless there are extenuating circumstances, the formal grievance intake forms must be received by the ADA/Civil Rights Program Coordinator in writing within 5 days after the date of denial of a request for reasonable accommodation or 180 days after the date of the last incident of alleged discrimination under the ADA (see 28 CFR 35.170(b)), or the deadlines set by other applicable federal and State civil rights laws.  The time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended with just cause by the Department or by mutual agreement of the parties.  Extensions will be put in writing and signed by the complainant and the Coordinator at the Initial Level Review and by the complainant and the Director at the Final Level Review.

e)         ADA/Civil Rights Program Formal Grievance Intake Forms

A formal grievance must be submitted in writing in the manner described in Section 1725.40 on the formal grievance intake form prescribed in Appendix A.

f)         Screening

The Coordinator will notify the complainant and other concerned parties within 10 business days by certified mail after the receipt of the formal grievance intake form if the filing is untimely or incomplete.

g)         Advocacy

A complainant may use the assistance of an advocate in any stage of this formal grievance procedure.

h)         Withdrawal of the ADA/Civil Rights Program Formal Grievance Intake Form

The formal grievance intake form, or any part of the allegations, may be withdrawn by the complainant during the investigation upon receipt by the Coordinator of a written request for withdrawal.

i)          Waiver

A complainant's failure to submit a formal grievance, to rectify an incomplete filing, or to appeal a notice of dismissal or the recommendation for resolution by the Coordinator to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Department given in the grievance procedure.

j)          Dismissal of the Formal Grievance

If a formal grievance is filed in an untimely or incomplete manner, then the Coordinator will document that finding and notify the complainant and other concerned parties of dismissal within 10 business days by certified mail.

k)         Completeness

The formal grievance intake form must be completed in full to receive proper consideration by the Coordinator.