New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 16:1B-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 grievances alleging any action
				  prohibited by the U.S. Department of Justice regulations implementing Title 11
				  of the Americans with Disabilities Act. Title 11 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, N.J.A.C. 16:1B.
				  As those rules indicate, grievances 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 Transportation
CN 600
Trenton, New Jersey 08625
1. A grievance 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 grievances,
				the procedures established by the Department of Personnel,
				4A:7-1.1 et seq. will be followed
				where applicable.
2. A grievance
				should be filed promptly within 30 days after the grievant 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 grievance.
				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 grievance.
4. In most cases a written determination as
				to the validity of the grievance and a description of the resolution, if any,
				will be issued by the designated decision maker and a copy forwarded to the
				grievant no later than 45 days after its filing.
5. The ADA coordinator will maintain the
				files and records of the agency relating to the grievances filed.
6. The right of a person to a prompt and
				equitable resolution of the grievance filed hereunder will not be impaired by
				the person's pursuit of other remedies such as the filing of an ADA grievance
				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.