reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Financial Disclosure (520-RICR-00-00-4) › Section 520-RICR-00-00-4.11 - Leadership Positions with Not-For-Profit Organizations (36-14-17008)

Current through June 14, 2024
The financial statement required to be filed pursuant to R.I. Gen. Laws §
										36-14-16 shall include, in addition to any other requirements, a list of all boards of directors, trustees or equivalent fiduciary positions of which the person is a member, and all executive officer positions which the public official holds, in any not-for-profit organization. This disclosure shall include a listing of each entity or organization, its address and the position held.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Financial Disclosure (520-RICR-00-00-4) › Section 520-RICR-00-00-4.12 - Out-of-State Travel (36-14-17009)

Current through June 14, 2024
A. Any public official or employee who is required to file a yearly financial statement pursuant to R.I. Gen. Laws §
										36-14-16(a)  shall disclose the source, value and description of any out-of-state travel and related transportation, lodging, meals and entertainment having an aggregate fair market value or actual cost greater than two hundred fifty dollars ($250) provided by any person or entity, other than the state or municipal agency of which he or she is a member or by which he or she is employed or his or her regular private employer, if under the totality of the circumstances it is more likely than not that the person or entity would not have provided the travel but for the official's or employee's public office or position.
B. Circumstances indicating that the person or entity would not have provided the travel but for the official's or employee's public office or position may include, but are not limited to, one or more of the following:
1. The official or employee became acquainted with the provider through his or her public agency;
2. The official or employee was offered the out-of-state travel and related transportation, lodging, meals and entertainment through a communication sent to or through the public official's or employee's agency;
3. Other officials or employees in the same agency are offered, or have been offered, out-of-state travel and related transportation, lodging, meals and entertainment from the provider;
4. The official's or employee's counterparts in other public agencies or jurisdictions have been offered similar out-of-state travel and related transportation, lodging, meals and entertainment by the provider;
5. The provider is affiliated with any "interested person," as defined by § 1.4.2 of this Subchapter, or has allowed an interested person to underwrite expenses associated with the out-of-state travel and related transportation, lodging, meals and entertainment;
6. The provider is an entity whose membership is limited to, or is largely comprised of, public officials;
7. The official or employee had not received out-of-state travel and related transportation, lodging, meals and entertainment from the provider prior to attaining his or her public office or employment;
8. If the out-of-state travel and related transportation, lodging, meals and entertainment involves attendance at an event, any written references by the provider or affiliated persons relative to the public official's or employee's attendance or participation refer to his or her public office, duties or agency.
9. If the travel involves a conference or seminar, the subject matter of the conference or seminar directly pertains to the public official's or employee's official duties.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Access to Open Meeting › Section 525-RICR-10-00-1.1 - Statutory Authority

Current through June 14, 2024
A. R.I. Gen. Laws
				 §
										42-46-13 Open Meetings - Accessibility for persons with
				 disabilities;
B. R.I. Gen. Laws
				 §§
										42-46-5(b)(3)  & (4) Open Meetings - Purposes for which meeting
				 may be closed - Use of electronic communications - Judicial proceedings -
				 Disruptive conduct;
C. R.I. Gen.
				 Laws §
										42-51-6 Governor's Commission on Disabilities - Duties;
				 and
D. R.I. Gen. Laws §
										42-51-6.1 Governor's Commission on Disabilities - Hearing
				 Boards.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Access to Open Meeting › Section 525-RICR-10-00-1.2 - Definitions

Current through June 14, 2024
A. As used in this Part the following words
				 and phrases shall have the following meanings unless the context shall indicate
				 another or different meaning or intent:
1.
				 "Commission" means the Governor's Commission on Disabilities.
2. "Commissioner" means a member of the
				 Governor's Commission on Disabilities appointed by the Governor, pursuant to
				 R.I. Gen. Laws §4251-2.
3.
				 "Hearing board" means the board of five (5) commissioners appointed by the
				 Commission Chairperson, pursuant to R.I. Gen. Laws §
											42-51-6.1, as the
				 hearing board for the purpose of conducting hearings and rendering decisions on
				 matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and R.I.
				 Gen. Laws §§
											37-8-15.1 and  42-46-13 within the jurisdiction of the
				 commission.
4. "Meeting" means the
				 same meaning as defined in R.I. Gen. Laws §42-46 2(3).
5. "Public body" means the same meaning as
				 defined in R.I. Gen. Laws §
											42-46-2(3).
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Access to Open Meeting › Section 525-RICR-10-00-1.3 - Requirements

Current through June 14, 2024
A. All public bodies shall ensure that all
				 open meetings of the public bodies are held in locations that conform to the
				 State Building Code's Accessibility of Meetings for Persons with Disabilities
				 standard.
B. Public bodies are
				 responsible for providing accommodations (such as interpreters for the deaf)
				 when requested at their open meetings.
C. All meeting notices must contain a clause
				 describing how individuals could request interpreter services or other
				 accommodations. Most interpreter referral services need:
1. A minimum of three (3) business days to
				 determine the availability of interpreters; and
2. Specify: name and phone number of contact
				 person; name of party requesting the interpreter; day, time and place the
				 interpreter is needed; brief description of the interpreting situation;
				 consumer's and type of sign language preferred; financing party; and name of
				 preferred interpreter (if any).
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Access to Open Meeting › Section 525-RICR-10-00-1.4 - Requesting An Open Meeting Telecommunications Accommodation Waiver

Current through June 14, 2024
A. Whenever a request for an Open Meeting
				 Telecommunications Accommodation Waiver is made to the Commission, it shall
				 provide the requesting party with a copy of these Regulations and assist the
				 individual in preparing an Open Meeting Telecommunications Accommodation Waiver
				 Request Form.
B. The party
				 requesting the waiver shall provide a signed certificate attesting that the
				 party:
1. Has a disability as defined in R.I.
				 Gen. Laws §
											42-87-1;
2. Cannot
				 attend meetings of that public body in person solely by reason of his or her
				 disability;
3. May participate by
				 use of electronic communication or telephone communication; and
4. Describe how the party cannot attend
				 meetings of that public body in person.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.1 - Statutory Authority

Current through June 14, 2024
A. R.I. Gen. Laws
				 §
										42-51-6(1) 
				 Governor's Commission on Disabilities - Duties
B. R.I. Gen. Laws §
										42-51-6(3) 
				 Governor's Commission on Disabilities - Duties
C. R.I. Gen. Laws §
										42-51-6.2 Committees and mediation teams
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.2 - Purpose

Current through June 14, 2024
A. The purpose of this part is to coordinate
				 the state government's implementation of:
1.
				 Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126, as amended by
				 the ADA Amendments Act of 2008, Public Law 110 through 325, 122 Stat. 3553
				 (2008);
2. R.I. Gen. Laws §
											37-8-15 Public Buildings Access for People with Disabilities;
3. R.I. Gen. Laws §
											37-8-15.1 Public Buildings - Accessibility of leased or rented facilities for people with
				 disabilities; and
4. R.I. Gen. Laws
				 Chapter 42-87 Civil Rights of People with Disabilities, as amended, which
				 prohibits discrimination on the basis of disability by public (state and local
				 government) entities.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.3 - Incorporation by Reference

Current through June 14, 2024
A. These
				 regulations hereby adopt and incorporate Americans with Disabilities Act of
				 1990, 42 U.S.C. Chapter 126 - Equal Opportunity for Individuals with
				 Disabilities:
1. C.F.R. 29 Part 1630 -
				 Regulations to Implement the Equal Employment Provisions of the Americans with
				 Disabilities Act (
https://www.federalregister.gov/documents/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as
);
				 and
2. Americans with Disabilities
				 Act -  28 C.F.R. Part 35  Nondiscrimination on the Basis of Disability in State
				 and Local Government Services (
https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm
)
				 by reference, not including any further editions or amendments thereof and only
				 to the extent that the provisions herein are not inconsistent with these
				 regulations.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.4 - DEFINITIONS

Current through June 14, 2024
A. All the definitions in R.I. Gen. Laws
				 §§
										42-87-1"Definitions of disability" and
				 42-87-1.1
				 "Other definitions" are applicable to this part.
B. As used in this part the following words
				 and phrases shall have the following meanings unless the context shall indicate
				 another or different meaning or intent:
1.
				 "Commission" means the
Governor's Commission on
				 Disabilities
;
2.
				 "Complainant" means the individual or organization alleging non-compliance by a
				 state agency with federal or state laws, which protect the rights of
				 individuals with disabilities.
3.
				 "Mediation team" means the two-person teams created by the Commission, pursuant
				 to R.I. Gen. Laws §
											42-51-6.2 to attempt by informal methods of conference, persuasion, and conciliation, to
				 induce compliance with matters within the jurisdiction of the
				 commission.
4. "Respondent" means
				 the state agency, which allegedly failed to comply with federal or state laws,
				 which protect the rights of individuals with disabilities.
5. "State agency" is defined in R.I. Gen. Law
				 §42-51-9(3).
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.5 - Coordinating Compliance

Current through June 14, 2024
A. This Part sets
				 forth a uniform procedure for ensuring state agency compliance with the
				 Americans with Disabilities Act.
B.
				 The State Coordinating Committee on Disability Rights has been formed to
				 identify areas where the most efficient methods for compliance are through
				 systemic change rather than at the departmental or agency level. This committee
				 will review the recommendations from working groups that will conduct periodic
				 self-evaluations of all services, activities, and programs of state government
				 and state agency employment practices.
C. Each self-evaluation working-group shall
				 review all operations of the state agencies and departments represented on the
				 working group. Any areas of potential non-compliance found shall be described
				 in detail on ADA/504 Action Plan GCD Form. The report shall also include
				 recommended steps to bring about conformance with the ADA Self Evaluation and
				 Compliance Plan for the State of Rhode Island and Providence Plantations.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.6 - Implementation

Current through June 14, 2024
The Commission's Chairperson, Executive Secretary or
					 designee shall issue directives and instructions to ensure the full
					 implementation of the self-evaluation and compliance plans.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.8 - Designation of Responsible Employee and Adoption of Grievance Procedures

Current through June 14, 2024
A. Designation of responsible employee. A
				 state agency that employs 50 or more persons shall designate at least one
				 employee to coordinate its efforts to comply with and carry out its
				 responsibilities under this part, including any investigation of any complaint
				 communicated to it alleging its noncompliance with this part or alleging any
				 actions that would be prohibited by this part. The state agency shall make
				 available to all interested individuals the name, office address, and telephone
				 number of the employee or employees designated pursuant to this
				 paragraph.
B. Complaint procedure.
				 A state agency that employs 50 or more persons shall adopt and publish
				 grievance procedures providing for prompt and equitable resolution of
				 complaints alleging any action that would be prohibited by this part.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.9 - Prohibitions Against Discrimination

Current through June 14, 2024
A. A state agency
				 shall comply with the provisions of:
1.  29
				 C.F.R. Part 1630  - Regulations to Implement the Equal Employment Provisions of
				 the Americans with Disabilities Act;
2.  28 C.F.R. Part 35  Nondiscrimination on the
				 Basis of Disability in State and Local Government;
3. R.I. Const., art. I, §
											2;
4. R.I. Gen. Laws Chapter 42-87, Civil Rights
				 of People with Disabilities;
5.
				 R.I. Gen. Laws §
											23-6.3-11 Prevention and Suppression of Contagious Diseases - HIV/AIDS - Discrimination
				 prohibited;
6. R.I. Gen. Laws
				 §
											37-8-15 Public Property and Works - Access for people with disabilities;
7. R.I. Gen. Laws §
											37-8-15.1 Public Property and Works - Accessibility of leased or rented facilities for
				 people with disabilities; and
8.
				 R.I. Gen. Laws §
											42-46-13 Open Meetings - Accessibility for persons with disabilities.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.10 - Compliance Reports

Current through June 14, 2024
A. State agencies
				 and operators of state funded programs or activities shall submit an updated
				 listing of facilities they utilize for open meetings, services, programs, or
				 activities to the Commission on the RI Program Accessibility for Persons with
				 Disabilities Survey Form every fourth (4th) year.
B. The Commission's Accessibility Committee
				 will review the survey results and develop an action plan to relocate public
				 events from inaccessible facilities or renovate those facilities, within sixty
				 business days of receipt.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.11 - Barrier Removal in Existing Facilities

Current through June 14, 2024
2.11.1
State ADA/504 Transition Plan - RI Capital Budget Request for
				 Accessibility
A. In the event that
				 structural changes in facilities are undertaken to comply with a state
				 government entity's obligations to achieve program accessibility, the
				 Commission's Accessibility Committee shall:
1. Develop and periodically revise the
				 state's ADA/504 Transition Plan for the removal of environmental and
				 communication barriers; and
2.
				 Submit the RI Capital Budget Request for Accessibility to the Capital
				 Development Committee annually.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.12 - New Construction and Alteration, or Renovation of State and State Funded Facilities

Current through June 14, 2024
A. To ensure
				 program and employment access and use by individuals with disabilities is
				 incorporated at the earliest stages into the site plans and building plans:
1. The Commission's staff shall participate
				 in developing the design of all construction, renovation and alteration
				 projects on behalf of or for the use of a state governmental body or public
				 agency.
2. The Commission's staff
				 shall be consulted:
a. Prior to the initial
				 development of site plans and building plans to ensure that both access to and
				 use of the facilities in the most economic manner possible; and
b. Through any and all revisions of the site
				 plan and building plan to actual completion of the project.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.13 - Grievance Procedures Regarding Complaints Alleging Discrimination by a State Agency on the Basis of Disability

Current through June 14, 2024
2.13.1
Filing Complaints
A. The complainant
				 must file with the Commission a GCD Disability Rights Complaint and Mediation
				 Request Form for complaints concerning employment discrimination or government
				 services discrimination.
1. The complainant
				 may file a taped audio complaint.
2. Every complaint must include the following
				 information:
a. A description of the alleged
				 discriminatory act(s) and the date(s) of occurrence;
b. The state agency and if possible state
				 employees involved; and
c. Possible
				 resolution(s).
3. Within
				 two (2) business days, the Commission's Assistant ADA Coordinator will:
a. Determine the deadline for filing a formal
				 complaint/suit and advise the complainant of the federal & state
				 enforcement agencies' deadline(s) and the time it could take to mediate the
				 complaint; and
b. Forward the
				 complaint to the respondents' ADA Coordinator identified therein.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.1 - Statutory Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										37-8-15,
					  37-8-15.1,
					 Public Buildings - Access for people with Disabilities and Accessibility of
					 leased or rented facilities for people with disabilities, and
					 42-51-6.1,
					 Governor's Commission on Disabilities - Hearing Boards.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to prescribe procedures for a
					 requesting a waiver for accessibility for leased of rented facilities for
					 people with disabilities.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.3 - Definitions

Current through June 14, 2024
A. As used in this Part, the following words
				 and phrases have the following meanings unless the context shall indicate
				 another or different meaning or intent:
1.
				 "Accessibility for People with Disabilities Standard" means the provisions of
				 the RI State Building Code and the applicable federal accessibility
				 code(s).
2. "The Commission" means
				 the
Governor's Commission on Disabilities
.
3. "Commissioner" shall mean a member of the
				 Governor's Commission on Disabilities appointed by the Governor, pursuant to
				 R.I. Gen. Laws §
											42-51-2.
4. "Governmental entity" means as defined in
				 R.I. Gen. Laws §
											37-2-7.
5. "Hearing board" means the board of five
				 (5) commissioners appointed by the Commission Chairperson, pursuant to R.I.
				 Gen. Laws §
											42-51-6.1, as the
				 hearing board for the purpose of conducting hearings and rendering decisions on
				 matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and
				 §§37-8-15.1
				 and
				 42-46-13
				 within the jurisdiction of the Commission.
6. "Public agency" means as defined in R.I.
				 Gen. Laws §
											37-2-7.
7. "State" means as defined in R.I. Gen. Laws
				 §
											37-2-7.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.4 - Requesting a Waiver

Current through June 14, 2024
A governmental entity or public agency requesting a waiver
					 to the Accessibility for People with Disabilities Standards for facilities
					 leased by the State of Rhode Island must submit a Waiver of Accessibility of
					 Leased or Rented Facilities for People with Disabilities, RIGCD Form B to the
					 Hearing Board. The State Property Management Office will notify the department
					 of the time, date, and location of the public hearing on their
					 request.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.5 - Request Form

Current through June 14, 2024
A. The request for
				 the waiver must include:
1. A detailed
				 description of all programs, activities, and services provided and employment
				 accessibility at the site;
2. A
				 description of each accessibility barrier a waiver is requested for and the
				 reason for the request;
3. A list
				 of alternative sites for these programs and the reason each was rejected;
				 and
4. A detailed plan for
				 providing complete access to all programs, activities, and services and
				 employment opportunities, if the waiver is granted. This plan should include:
a. Procedures for informing the public,
				 employees, clients and beneficiaries with disabilities how they will be
				 serviced;
b. The location of any
				 relocated services or duplicate services and their distance from the facility
				 the waiver has been requested for; and
c. A description of any relocated service,
				 responds to the following questions:
(1) Will
				 it only service individuals with disabilities?
(2) Will it provide the identical range of
				 services as the original site?
(3)
				 Will it provide services during the same hours?
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.6 - Public Hearing

Current through June 14, 2024
The Hearing Board shall conduct a public hearing. A
					 representative of the governmental entity or public agency requesting the
					 waiver and all governmental bodies or public agencies occupying space within
					 the area covered by the request must attend the public hearing, and be prepared
					 to respond to questions from the committee members.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Request for a Waiver of the Accessibility Standard for State Leased Facilities (525-RICR-10-00-3) › Section 525-RICR-10-00-3.7 - Approval Criteria

Current through June 14, 2024
A. The Hearing
				 Board may only grant a waiver when:
1. It
				 would not operationally serve to deny any individual with a disability access
				 to a service or program operated by the governmental entity or public
				 agency;
2. It would not
				 operationally serve to deny an employee with a disability or job applicant with
				 a disability employment or advancement in that governmental entity or public
				 agency; and
3. Total compliance
				 with the disability accessibility provisions of the state building code was
				 structurally infeasible.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.1 - Statutory Authority

Current through June 14, 2024
A. R.I. Gen. Laws
				 §
										42-87-5(b) 
				 Civil Rights of People with Disabilities: Enforcement of Anti-Discrimination
				 Provisions and
B. R.I. Gen. Laws
				 §
										42-51-6.2 Committees and mediation teams
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.2 - Formal Rules

Current through June 14, 2024
A. Scope of Rules:
				 These rules shall govern the conduct of Adjudicatory Proceedings within the
				 jurisdiction of the Hearing Board of the Governor's Commission on
				 Disabilities.
B. Construction of
				 Rules: These rules shall be construed to further the prompt and just
				 determination of every proceeding and in conformity with the Rhode Island
				 Administrative Procedures Act.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.3 - Incorporation by Reference

Current through June 14, 2024
A. This Part hereby
				 adopts and incorporates the Americans with Disabilities Act of 1990 (42 U.S.C.
				 Chapter 126 (1990) Equal Opportunity For Individuals With Disabilities by
				 reference, not including any further editions or amendments thereof and only to
				 the extent that the provisions herein are not inconsistent with these
				 regulations.
B. These regulations
				 are hereby adopt and incorporate:  29 C.F.R. §
											1630  (2011) Regulations to
				 Implement the Equal Employment Provisions of the Americans with Disabilities
				 Act (
https://www.federalregister.gov/documents/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as
);
C. Americans with Disabilities Act
				 - Americans with Disabilities Act -  28 C.F.R. §
											35  (2010)
				 Nondiscrimination on the Basis of Disability in State and Local Government
				 Services (
https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm
);
				 and;
D. Americans with Disabilities
				 Act  28 C.F.R. §
											36  (2010) Nondiscrimination on the Basis of Disability in
				 Public Accommodations and Commercial Facilities (
https://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm
)
				 by reference, not including any further editions or amendments thereof and only
				 to the extent that the provisions herein are not inconsistent with these
				 regulations.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.4 - Definitions

Current through June 14, 2024
A. All the definitions in R.I. Gen. Laws
				 §§
										42-87-1"Definitions of disability" and
				 42-87-1.1
				 "Other definitions" and in  29 C.F.R. §
											1630  (2011) and  28 C.F.R. §
											36 (2010) are applicable to this part.
B. As used in this part the following words
				 and phrases shall have the following meanings unless the context shall indicate
				 another or different meaning or intent:
1.
				 "Adjudicatory proceeding" means a proceeding before the Hearing Board,
				 established in R.I. Gen. Laws §
											42-51-6.1, in
				 which the legal rights or duties of specifically named persons are determined
				 after opportunity for a hearing.
2.
				 "The Commission" means the Governor's Commission on Disabilities.
3. "Commissioner" means a member of the
				 Governor's Commission on Disabilities appointed by the Governor, pursuant to
				 R.I. Gen. Laws §
											42-51-2.
4. "Complainant" means the aggrieved
				 individual who files a complaint with the Commission alleging a violation of
				 the provisions of R.I. Gen. Laws Chapter 42-87 relating to the physical
				 inaccessibility of buildings and structures.
5. "Conciliation agreement" means a final
				 resolution of the complaint entered into by the parties prior to the initiation
				 of the formal adjudicatory proceeding.
6. "Discriminate" means engaging in any act
				 or acts prohibited by R.I. Gen. Laws Chapter 42-87, relating to the physical
				 inaccessibility of buildings and structures.
7. "Hearing Board" means a board of five (5)
				 Commissioners appointed by the Commission Chairperson, pursuant to R.I. Gen.
				 Laws §
											42-51-6.1, as the
				 Hearing Board for the purpose of conducting hearings and rendering decisions on
				 matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and R.I.
				 Gen. Laws §§
											37-8-15.1 and
				  42-46-13 within the jurisdiction of the Commission.
8. "Party" or "Parties" means the
				 specifically named person whose legal rights or duties are being determined in
				 an adjudicatory proceeding, including the complainant or complainants, the
				 respondent or respondents and other persons joined pursuant to §
											4.10(E)     of
				 this Part.
9. "Person" means any
				 individual, partnership, corporation, association, governmental subdivision, or
				 public or private organization.
10.
				 "Respondent" means a person against whom a complaint­ has been filed who
				 is alleged to have violated any of the provisions of R.I. Gen. Laws Chapter
				 42-87 relating to the physical inaccessibility of buildings and
				 structures.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.5 - Jurisdiction

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws Chapter 42-87
				 the Commission has jurisdiction to investigate complaints relating to alleged
				 violations of the Civil Rights of People with Disabilities relating to the
				 physical inaccessibility of buildings and structures.
B. Pursuant to R.I. Gen. Laws §
										42-51-6.1, the
				 Hearing Board has jurisdiction to conduct hearings and render decisions on
				 matters relating to the provisions of R.I. Gen. Laws Chapter 42-87,
				 §§37-8-15.1,
				 and
				 42-46-13.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.6 - Filing Complaints

Current through June 14, 2024
A. Who May File.
				 Any individual who claims to be aggrieved by an alleged discriminatory practice
				 may file a written complaint with the Commission. Assistance in drafting and
				 filing complaints shall be available to complainants at the Commission office.
				 The original complaint shall be signed and dated by the party on whose behalf
				 the filing is made or by the party's authorized representative. The signature
				 constitutes a certification from that individual that, to the best of his or
				 her knowledge, the statements contained in the document are true, and, if the
				 document has been signed by an authorized representative, that the individual
				 has the full power and authority to do so.
B. Contents of Complaint. The Complaint shall
				 contain the following:
1. The name and
				 address of the person making the complaint and, if applicable, the name and
				 address of the authorized representative signing the complaint;
2. The name and address of the person or
				 entity or entities against whom the complaint is made (hereafter referred to as
				 the respondent) and if known the names of the entity's manager and any
				 witnesses involved;
3. A concise
				 statement of facts which complainant believes indicates that an unlawful
				 discriminatory act has occurred, including a description of the physical
				 inaccessibility of the buildings and structures and its effect on complainant's
				 access to the benefits of any program, activity or service;
4. The date or dates of the alleged unlawful
				 discriminatory act or, if the alleged unlawful discriminatory act is of a
				 continuing nature, the dates between which said continuous acts are alleged to
				 have occurred;
5. Relief being
				 sought and a statement as to any proceeding or action, civil or criminal,
				 instituted in any other forum based upon the same facts or grievances as are
				 alleged in the complaint together with a statement as to the status or
				 disposition of each other action or proceeding.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.7 - Standards for Determining Violations

Current through June 14, 2024
A. Standards for
				 Determining Which Elements of Public Accommodations and Commercial Facilities
				 Must be Accessible
1. For public
				 accommodations whose most recent certificate of occupancy for the facility was
				 issued:
a. Prior to January 27, 1993 or the
				 most recent physical alteration of the property began prior to January 27, 1992
				 the elements which must be accessible are those listed in
				  28 C.F.R. §
													36.304"Removal of barriers"28 C.F.R. §
													36.305"Alternatives to barrier removal",
				  28 C.F.R. §
													36.306"Personal devices and services", and
				  28 C.F.R. §
													36.308"Seating in assembly areas" (Americans
				 with Disabilities Act Title III Regulations issued by the US Department of
				 Justice).
b. After January 26, 1993
				 or if the physical alteration of the property begins after January 26, 1992 the
				 elements which must be accessible are the  28 C.F.R. §
													36  Subpart D "New
				 Construction and Alterations".
c.
				 After March 15, 2012 or if the physical alteration of the property begins after
				 March 15, 2012 the elements which must be accessible are the ADA Standards for
				 Accessible Design (2010 Standards)".
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.8 - Investigation

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws §
										42-87-5(b)(1),
				 the Commission shall investigate all complaints relating to alleged violations
				 of said sections relating to the physical inaccessibility of buildings and
				 structures.
1. The Commission's staff will
				 conduct an on-site inspection of the portion(s) of the buildings and structures
				 cited in the complaint and provide the respondent and complainant a written
				 report of the results of that on-site inspection.
2. The inspection shall be conducted in a
				 manner consistent with the application, exemptions, definitions, requirements,
				 standards, and deadlines for compliance in accordance with the requirements of
				 the Americans with Disabilities Act,
				  42 U.S.C., §
												12101  et seq. and the federal regulations
				 pertaining to the Act,  28 C.F.R. §§
												36 and  35, and  29 C.F.R. §
												1630.
3. At the completion of such
				 an investigation the Commission's Executive Secretary may recommend:
a. The staff attempt to induce compliance
				 through conciliation;
b. The case
				 be referred to the Hearing Board for a full hearing; or
c. The case be referred to the Hearing Board
				 for dismissal of the complaint if the portion(s) of the buildings and
				 structures cited in the complaint complies with the applicable accessibility
				 standard.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.9 - Conciliation

Current through June 14, 2024
A. Prior to instituting a formal hearing, the
				 Commission shall attempt by informal methods of conference, persuasion and
				 conciliation, to induce compliance with R.I. Gen. Laws Chapter 42-87.
B. If the respondent and complainant reach
				 agreement on the steps necessary to resolve the complaint, the agreement shall
				 be reduced to writing in the form of a Conciliation Agreement. The Conciliation
				 Agreement shall set forth all measures to be taken by any party including
				 provisions for affirmative and other actions and compliance reports. The
				 agreement shall contain a statement that implementation of its provisions
				 resolved the particular dispute between the parties but is not a representation
				 by the Commission that the buildings or structures is physically accessible to
				 all persons with disabilities. The agreement shall be signed by respondent,
				 complainant and a representative of the Commission. Copies of the Agreement
				 shall be provided to all parties.
C. The conciliation agreement shall include a
				 transition plan for resolving the dispute including:
1. The method(s) of compliance;
2. A renovation timetable; and
3. Interim steps that the respondent shall
				 undertake to ensure use of the services, activities or benefits of the
				 respondent until the accessibility barriers have been eliminated.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.10 - Hearing

Current through June 14, 2024
A. The Commission's Hearing Board shall:
1. Hear all unresolved complaints relating to
				 alleged violations of R.I. Gen. Laws Chapter 42-87 relating to the physical
				 inaccessibility of buildings and structures. The Hearing Board will hear all
				 complaint that cannot be resolves by the informal methods of conciliation or
				 are not approved for dismissal; and
2. Consider all recommendations for dismissal
				 from the Commission's Executive Secretary made pursuant to §
											4.8(A)(3)(c)     of this Part.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.11 - Decisions and Orders

Current through June 14, 2024
A. Content.
1. Any decision and order of the Hearing
				 Board issued after a hearing shall be in writing or stated in the record. The
				 final order shall contain findings of fact and conclusions of law, separately
				 stated.
2. All final decisions
				 shall contain a separate notice informing the parties of the deadline for
				 filing an appeal and state that the appeal should be made to the Superior Court
				 pursuant to R.I. Gen. Laws §
											42-87-5 and the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.12 - Staff Dismissal of Complaints

Current through June 14, 2024
A. If the
				 Commission staff determines that the Commission has no jurisdiction over a
				 complaint, the complaint shall be dismissed.
B. Administrative Closures. After notice to
				 the complainant at his/her last known address, the Commission's staff may
				 administratively close a case if the Commission's staff concludes:
1. It is unable to locate the
				 complainant;
2. The complainant no
				 longer wants to proceed with the complaint;
3. The respondent has filed for bankruptcy,
				 and:
a. The bankruptcy has been
				 finalized;
b. All assets of the
				 respondent have been liquidated; and
c. Neither the respondent nor a successor is
				 in operation;
4. An
				 order appointing a receiver in respect to the respondent's business has been
				 entered in a court of competent jurisdiction, and:
a. All assets of the respondent have been
				 liquidated; and
b. Neither the
				 respondent nor a successor is in operation.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.13 - Complaints Covered by Multiple Jurisdictions

Current through June 14, 2024
A. Rhode
				 Island Commission for Human Rights
1. The
				 Governor's Commission on Disabilities shall serve notice to any complainant, if
				 her/his complaint could also be filed with the RI Commission for Human Rights
				 under R.I. Gen. Laws § 42-87(5)(a) or other Rhode Island nondiscrimination
				 laws.
2. The Governor's Commission
				 on Disabilities shall, upon the request of the RI Commission for Human Rights,
				 present the results of its investigation and the recommended methods to
				 overcoming any physical barriers, proposed by the Commission's staff to the RI
				 Commission for Human Rights and transfer said complaint to the RI Commission
				 for Human Rights for hearing.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.14 - Filing for Recovery of Litigation Expenses

Current through June 14, 2024
A.
				 Purpose The purpose of this rule is to carry out the statutory requirements
				 contained in the Equal Access to Justice Act (R.I. Gen. Laws Chapter 42-92
				 which provides for the award of reasonable litigation expenses to prevailing
				 parties in adjudicatory proceedings conducted by state agencies.
B. Filing Procedure Within thirty (30) days
				 of the conclusion of an adjudicatory proceeding relating to an enforcement
				 action or order, or to any adjudicatory proceeding as defined in R.I. Gen. Laws
				  42-92-2, a
				 respondent may submit a claim for litigation expenses to the Hearing Board that
				 heard the matter. For purposes of this part, the adjudicatory proceedings are
				 deemed to be concluded on the date a final decision is issued or on the date
				 that a Consent Order is accepted by the Hearing Board. The claim for litigation
				 expenses shall contain a summary of the legal and factual basis for filing the
				 claim.
C. Supporting Affidavits and
				 Documentary Evidence
1. The respondent shall
				 submit with his or her claim for litigation expenses, affidavits and
				 documentary evidence presenting the legal and factual basis by which the
				 respondent claims to be entitled to an award of litigation expenses, including
				 facts establishing:
a. That the respondent is
				 a party as defined in R.I. Gen. Laws §
												42-92-2;
b. That the respondent has prevailed in the
				 underlying adjudicatory proceeding;
c. That the Commission was not charged by
				 statute with investigating a complaint which led to the underlying adjudicatory
				 proceeding; and d. The amount of reasonable litigation expenses as defined in
				 R.I. Gen. Laws §
												42-92-2.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Investigation and Hearing of Complaints (525-RICR-10-00-4) › Section 525-RICR-10-00-4.15 - Forms

Current through June 14, 2024
The Commission's staff shall prepare and revise the forms
					 referenced above, as necessary.
Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 20 - Civil Rights and Certification › Subchapter 00 - N/A › Part 1 - Disability Business Enterprises (525-RICR-20-00-1) › Section 525-RICR-20-00-1.1 - STATUTORY AUTHORITY

Current through June 14, 2024
R.I. Gen. Laws Chapter 37-2.2 Disability Business
					 Enterprises Act.