New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 5:5-2.2 - Required ADA notice

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to any other advice, assistance or accommodation
				  provided, a copy of the following notice shall be given to anyone who inquires
				  regarding the agency's compliance with the ADA or the availability of accommodation
				  which would allow a qualified individual with a disability to receive services or
				  participate in a program or activity provided by the agency.
AGENCY NOTICE OF ADA PROCEDURE
The agency has adopted an internal grievance procedure providing
				  for prompt and equitable resolution of complaints alleging any action prohibited by
				  the U.S. Department of Justice regulations implementing Title II of the Americans
				  with Disabilities Act. Title II states, in part, that "no otherwise qualified
				  disabled individual shall, solely by reason of such disability, be excluded from
				  participation in, be denied the benefits of or be subjected to discrimination" in
				  programs or activities sponsored by a public entity.
Rules describing and governing the internal grievance procedure
				  can be found in the New Jersey Administrative Code,
				  5:5-1.1 et seq. As those rules indicate,
				  complaints should be addressed to the agency's designated ADA Coordinator, who has
				  been designated to coordinate ADA compliance efforts, at the following
				  address:
ADA Coordinator
New Jersey Department of Community Affairs
CN 800
Trenton, New Jersey 08625
1. A complaint may be filed in writing or orally,
				but should contain the name and address of the person filing it, and briefly
				describe the alleged violation. A form for this purpose is available from the
				designated ADA coordinator. In cases of employment related complaints, the
				procedures established by the Department of Personnel,
				4A:7-1.1 et seq. will be followed where
				applicable.
2. A complaint should be
				filed promptly within 20 days after the complainant becomes aware of the alleged
				violation. (Processing of allegations of discrimination which occurred before this
				grievance procedure was in place will be considered on a case-by-case
				basis).
3. An investigation, as may be
				appropriate, will follow the filing of a complaint. The investigation will be
				conducted by the agency's designated ADA Coordinator. The rules contemplate informal
				but thorough investigations, affording all interested persons and their
				representatives, if any, an opportunity to submit evidence relevant to a
				complaint.
4. In most cases a written
				determination as to the validity of the complaint and a description of the
				resolution, if any, will be issued by the designated decision maker and a copy
				forwarded to the complainant no later than 45 days after its filing.
5. The ADA coordinator will maintain the files and
				records of the agency relating to the complaints filed.
6. The right of a person to a prompt and equitable
				resolution of the complaint filed hereunder will not be impaired by the person's
				pursuit of other remedies such as the filing of an ADA complaint with the
				responsible Federal department or agency or the New Jersey Division on Civil Rights.
				Use of this grievance procedure is not a prerequisite to the pursuit of other
				remedies.
7. The rules will be construed
				to protect the substantive rights of interested persons, to meet appropriate due
				process standards and to assure that the agency complies with the ADA and
				implementing Federal rules.