Section 401.407 - Complaints Relating to Non-Accessibility(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.16 Tex. Admin. Code § 401.407
The provisions of this §401.407 adopted to be effective April 18, 1994, 19 TexReg 2276; amended to be effective January 28, 2010, 35 TexReg 477