R590-149-4. Complaint

(1) Any qualified individual may file a complaint alleging noncompliance with the ADA or a federal regulation promulgated thereunder. (2) A qualified individual shall file a complaint with the ADA coordinator, unless the complaint alleges that the ADA coordinator is non-compliant, in which case a qualified individual shall file a complaint with the designee. (3) A qualified individual shall file a complaint within 90 days after the date of the alleged noncompliance to facilitate the prompt and effective consideration of pertinent facts and appropriate remedies; however, the commissioner has the discretion to direct that the grievance process be utilized to address legitimate complaints filed more than 90 days after alleged noncompliance. (4) Each complaint shall: (a) include the qualified individual's name and address; (b) include the nature and extent of the qualified individual's disability; (c) describe the department's alleged discriminatory action in sufficient detail to inform the department of the nature and date of the alleged violation; (d) describe the action and accommodation desired; and (e) be signed by the complainant. (5) A complaint filed on behalf of a class of qualified individuals or a third party shall describe and identify by name, if possible, the alleged victims of discrimination. (6) If a complaint is not in writing, the ADA coordinator or designee shall reduce the complaint to writing. (7) By filing a complaint or a subsequent appeal, the complainant authorizes the ADA coordinator or designee to conduct a confidential review of all relevant information, including: (a) any record classified as private or controlled under Sections 63G-2-302 and 63G-2-304, consistent with 42 U.S.C. Section 12112(d)(3)(B) and (C) and 42 U.S.C. 12112(d)(4)(A), (B), and (C); and (b) any relevant information otherwise protected by statute, rule, regulation, or other law.