Section 1.41 - Americans with Disabilities Act Grievance Procedures(a) Policy. (1) The Texas Department of Public Safety has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA). Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.(2) Complaints should be addressed to: EEO Officer, 5805 North Lamar Boulevard, P.O. Box 4087, Austin, Texas 78773-0251, (512) 424-5062.(3) The Equal Employment Opportunity (EEO) office shall maintain the files and records of the Texas Department of Public Safety relating to the complaints filed.(4) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal or state department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.(5) This policy shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that the Texas Department of Public Safety complies with the ADA and the ADAAA and the implementing regulations.(b) Complaint procedures for program compliance. (1) A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.(2) A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this section will be considered on a case-by-case basis.)(3) An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be coordinated by the EEO office. This procedure contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. A copy of the investigative report will be forwarded to the assistant director over the program or division.(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the assistant director over the program or division and a copy forwarded to the complainant no later than 30 business days after its filing.(5) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the appropriate deputy director within 5 business days of the date of the written determination issued by the assistant director over the complainant's program or division. Based on his or her review of the investigation, the deputy director may alter the determination of the assistant director.(c) Complaint procedure for employment compliance. (1) An applicant for employment may file a complaint in writing or verbally. The complaint should contain the name and address of the person filing it. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this section will be considered on a case-by-case basis.)(2) A board consisting of the EEO officer and two other members to be named by the director has been established to receive, review, and make determinations as to validity on complaints of discrimination. Upon receipt of the complaint, the ADA coordinator will forward the complaint to the EEO officer.(3) The complaint must fully describe the nature of the complaint and provide sufficient details to enable the board to arrive at a thorough understanding of what has occurred. The board may request additional information.(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the EEO officer and a copy forwarded to the complainant, the general counsel, and the ADA coordinator no later than 30 business days after its filing.(5) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the appropriate deputy director within 5 business days of the date of the written determination issued by the EEO officer. Based on his or her review of the investigation, the deputy director may alter the determination of the EEO officer.(6) The ADA coordinator will advise the Office of General Counsel, as necessary, about complaints received and the resolution of such complaints. The Office of General Counsel shall assist the coordinator as the need arises.37 Tex. Admin. Code § 1.41
The provisions of this §1.41 adopted to be effective June 29, 2000, 25 TexReg 6153; amended to be effective September 7, 2014, 39 TexReg 6871