40E-1.139. Complaints under the Americans with Disabilities Act  


Effective on Tuesday, May 11, 1993
  • 1(1) It is the policy of the District to provide an equal opportunity for access to District services, programs, activities, and facilities which are held open to the public by handicapped and disabled persons in keeping with Title III of the Americans With Disabilities Act of 1990, 4842 USC 12101, 51et seq., and the regulations which implement the Act, 6028 CFR 35.

    63(2) Interested persons may obtain information concerning handicapped and disabled accessibility to the District’s services, activities, programs, and facilities which are held open to the public by contacting the facilities manager.

    94(3) Any affected person may file a complaint alleging discrimination on the basis of handicapped or disabled inaccessibility of District services programs, activities and facilities which are held open to the public.

    126(a) Complaints shall be filed with the facilities manager and shall specify to the best of the complainant’s knowledge, the location and nature of the conduct or circumstances complained of;

    156(b) The complaint must be signed by the complainant or authorized representative and contain an address or telephone number where the complainant can be reached;

    181(c) The District shall promptly investigate the complaint and may require the complainant to furnish any additional information reasonably necessary to aid investigating the complaint;

    206(d) The District shall promptly provide to the Complainant a written decision which documents why the decision is consistent with the provisions of the Americans With Disabilities Act and the regulations which implement the Act.

    241(4) The complaint procedure established by this subsection is intended to provide a prompt informal method of dispute resolution. Failure to file a complaint pursuant to this subsection will not preclude an affected person from following other remedies which may be available under state and federal law. A District decision regarding a complaint shall not be considered an agency action pursuant to Chapter 120, F.S.

    306Rulemaking Authority 308120.53(1), 309373.044, 310373.113 FS., 31228 CFR 35.106, 31535.107 Law Implemented 318120.53, 319286.26, 320373.083 FS. 322CFR 35.106, 35.107 FS. History–New 5-11-93.

     

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