Federal regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, and the American with Disabilities Act of 1990 (ADA). Section 504 and ADA state, in part, that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
Tri-County Transit has adopted the following complaint procedure for prompt and equitable resolution of complaints alleging any action prohibited by federal regulations implementing Section 504 of the Rehabilitation Act of 1973, as amended, and the American with Disabilities Act of 1990 (ADA).
Issues that may warrant a grievance include, but are not limited to, a denial of a requested accommodation, the inadequacy of an accommodation, the inaccessibility of a program or activity due to disability, or discrimination or harassment based on disability.
All such complaints should be addressed to the attention of Tri-County Transit’s Director of Transportation, Brenda Gagne, 31 Pleasant St. Berlin NH 03570, who has been designated to coordinate the Section 504 and ADA compliance efforts.
The following steps explain the procedure:
1. A complaint should be filed in writing or verbally, and shall contain the name and address of the person filing it, and briefly describe the nature of the complaint and the alleged violation of the regulations.
2. A complaint should be filed within 30 days after complainant becomes aware of the alleged violation. Complaints received later than 30 days after complainant became aware will be dismissed as untimely.
3. An investigation, as may be appropriate, will follow the filing of a complaint. The investigation shall be conducted by the Transportation Director or his/her designate. The investigation should be a prompt, informal and thorough investigation which allows the complainant, other interested persons, and their representatives, if any, the opportunity to submit documents and information relevant to the consideration and resolution of the complaint.
4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by Tri-County Transit’s Director or another person acting at his/her request, and a copy forwarded to the complainant no later than 15 working days after receipt of the complaint.
5. Tri-County Transit shall maintain files and records relating to complaints filed.
6. The complainant or the affected department can request reconsideration of the resolution if he or she is dissatisfied with the resolution. Requests for reconsideration should be made within 7 days to the Transportation Director. The Transportation Director has 30 days to respond to the request for reconsideration. Decisions of the Transportation Director are final.
7. 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 a Section 504/ADA complaint with the responsible federal department. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
8. This procedure shall be construed to protect the substantive rights of interested persons, to meet due process standards, and to assure that Tri-County Transit complies with Section 504/ADA and implementing regulations.
9. Retaliation against any complainant under this grievance procedure or against any person who assists
a complainant in his/her pursuit of a complaint under this grievance procedure is prohibited.
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