New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 40A - GENERAL PROVISIONS › Subchapter 6 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Section 19:40A-6.3 - 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 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, N.J.A.C.
					 19:40A-6. 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
N.J. Casino Control Commission
Tennessee Avenue and Boardwalk
Atlantic City, NJ 08401
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 Civil Service Commission, N.J.A.C. 4A:7 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.