Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter F - ADA REQUIREMENTS › Section 401.407 - Complaints Relating to Non-Accessibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency will designate a specific
				  employee or group of employees to receive and process all accessibility
				  complaints concerning lottery retailers and/or lottery licensed facilities.
				  Complaints must be in writing and submitted on an ADA complaint form provided
				  by the agency. No later than 35 days after the filing of a complaint, agency
				  personnel, who have completed ADA accessibility training developed and
				  administered by the agency, will investigate each complaint filed with the
				  agency. Training shall be based upon the text of the ADA, including any
				  amendments thereto, related rules and regulations promulgated by the federal
				  government, the State of Texas, and any technical assistance materials issued
				  by the United States Department of Justice.
(b) No later than 35 days after the
				  completion of the investigation, a letter of noncompliance will be issued to
				  the lottery retailer, if the agency determines that the lottery retailer's
				  lottery licensed facility is not in compliance with this subchapter. The
				  noncompliance letter will identify deficiencies in the accessibility of the
				  lottery retailer's lottery licensed facility, and will request that the readily
				  achievable modifications be made within 63 days of the mailing date of the
				  letter.
(c) If the corrective
				  action taken by the lottery retailer corrects the deficiencies specified in the
				  letter of noncompliance as originally issued, or as later revised or reissued,
				  or if the onsite inspection of the lottery retailer's lottery licensed facility
				  reveals compliance with this subchapter, the agency will identify the
				  retailer's lottery licensed facility as being in compliance with
				  §466.155(f) of the State Lottery Act. Until compliance is achieved, a
				  complaint will be considered pending.
(d) Failure to make readily achievable
				  modifications within the required time period will result in the initiation of
				  proceedings to suspend or revoke the lottery license by the agency pursuant to
				  the procedural requirements of state law.
(e) The standards and priorities contained in
				  §
										RSA
				  401.404 of this title (relating to Priority
				  of ADA Compliance by Lottery Licensees) will be utilized by the agency in
				  determining the lottery retailer's compliance with this subchapter. A license
				  will be suspended if the agency determines that the lottery retailer has made
				  significant progress toward correcting deficiencies listed in the compliance
				  report under the order of priorities contained in §
										RSA
				  401.404 of this title but has not completed
				  readily achievable barrier removal. If the agency determines that the retailer
				  has not made a good faith effort to correct the deficiencies listed in the
				  compliance report, this inaction will result in the revocation of the lottery
				  license for that lottery licensed facility.
(f) While proceedings to suspend or revoke a
				  lottery retailer's license are pending pursuant to this subchapter, and until a
				  notice of apparent compliance is issued pursuant to subsection (c) of this
				  section, the agency shall withhold incentive payments from the lottery
				  retailer. In addition, if a license is revoked pursuant to this subchapter, and
				  incentive payments and other privileges have been withheld from the affected
				  retailer pending review of the complaint, the lottery retailer forfeits any
				  claim to such incentive payments or other privileges.