Florida Regulations 40E-1.139: Complaints under the Americans with Disabilities Act
Current as of: 2024 | Check for updates
|
Other versions
(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, 42 USC 12101, et seq., and the regulations which implement the Act, 28 CFR 35.
(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.
(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.
(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;
(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;
(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;
(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.
(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 Florida Statutes Chapter 120
Rulemaking Authority 120.53(1), 373.044, 373.113 FS., 28 C.F.R. § 35.106, 35.107 Law Implemented 120.53, 286.26, 373.083 FS. CFR 35.106, 35.107 FS. History-New 5-11-93.
Terms Used In Florida Regulations 40E-1.139
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(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.
(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;
(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;
(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;
(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.
(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 Florida Statutes Chapter 120
Rulemaking Authority 120.53(1), 373.044, 373.113 FS., 28 C.F.R. § 35.106, 35.107 Law Implemented 120.53, 286.26, 373.083 FS. CFR 35.106, 35.107 FS. History-New 5-11-93.