Rule 3-417. Administrative resolution of complaints filed pursuant to the Americans with Disabilities Act.

Intent:

To establish a procedure for administratively resolving complaints filed in accordance with Title II of the Americans with Disabilities Act.

Applicability:

This rule shall apply to all courts of record and to the administrative office of the courts.

Statement of the Rule:

(1) Appointment of ADA coordinator. The state court administrator shall appoint one or more persons as the ADA coordinator to investigate and resolve complaints filed by qualified individuals with disabilities pursuant to Title II of the Americans with Disabilities Act.

(2) Filing of complaint. A complaint shall be filed no later than 180 days from the date of the alleged act of discrimination. Any complaint alleging an act of discrimination occurring between January 26, 1992 and the effective date of this rule may be filed within 180 days of the effective date of this rule. The complaint shall be filed with the coordinator, and shall be in writing or in another accessible format suitable to the complainant. The complaint shall include the individual's name and address, include the nature and extent of the individual's disability, describe the judicial branch's alleged discriminatory action in sufficient detail to inform the judicial branch of the nature and date of the alleged violation, describe the action and accommodation desired, and be signed by the individual or by his or her legal representative. A complaint filed on behalf of classes or third parties shall describe or identify by name, if possible, the alleged victims of discrimination.

(3) Investigation and resolution of complaint. The coordinator shall conduct an investigation of each complaint received. Within 15 working days after receiving the complaint, the coordinator shall either issue a written decision stating the action, if any, that shall be taken on the complaint, or shall notify the complainant in writing that the decision is being delayed and the amount of additional time needed to issue a decision.

(4) Appeal. The complainant may appeal the decision of the coordinator by filing an appeal with the state court administrator within five working days from the receipt of the decision. The filing of an appeal shall be considered as authorization by the complainant to allow review of all information, including information classified as other than public information, by the state court administrator. The appeal shall describe in sufficient detail why the coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper. The state court administrator shall review the coordinator's findings and decision and may conduct additional investigation. The state court administrator shall either issue a decision within ten working days, or shall notify the complainant in writing that the decision is being delayed and the amount of additional time needed to issue a decision. The state court administrator may appoint a designee to fulfill his or her obligations under this paragraph.