D.C. Mun. Regs. tit. 29, r. 29-2548
Current through Register 71, No. 45, November 7, 2024
Rule 29-2548 - ADA COMPLAINT AND INVESTIGATION PROCEDURES2548.1Upon receipt of a complaint, the ADA Coordinator or designee shall send a notice and make best efforts to personally communicate with the complainant and the entity that is alleged to be in noncompliance within five (5) business days of its receipt. If the complaint is against a subcontractor or subgrantee of a Department contractor or grantee, the ADA Coordinator shall also send a notice to the contractor or grantee within the same time period.
2548.2The complaint shall be reviewed by the ADA Coordinator to determine the appropriate method of resolution as follows:
(a) If the complainant is making a reasonable modification request rather than a complaint, but has not yet made the request to the appropriate Provider, the ADA Coordinator may refer the complainant's reasonable modification request to the Provider for resolution, except when the complainant has expressed a reason for not first making the request of the Provider and that reason is the basis of the complaint. The ADA Coordinator shall promptly notify both the complainant and the Provider of the referral and inform the complainant and the Provider that the ADA Coordinator will consider the matter resolved unless the complainant files a new complaint. The Department shall provide monitoring of the resolution of the reasonable modification request, as appropriate and required;(b) If the complainant has requested a reasonable modification, but the complainant is not satisfied with the Provider's response, the ADA Coordinator shall ascertain the relevant facts and work with the complainant and the Provider in an attempt to reach a solution acceptable to both parties. If the Provider is a subcontractor or subgrantee of a Department contractor or grantee, the ADA Coordinator will work through the Department's contractor or grantee, to the extent possible; and(c) For all other ADA complaints, or if the complainant and the Provider are not able to reach a resolution of a reasonable modification request, the ADA Coordinator shall review the complaint, determine the appropriate means of resolution, including referral to the Department's Office of Program Review, Monitoring, and Investigation (OPRMI) for an investigation of contractor's alleged noncompliance with the ADA. The ADA Coordinator shall notify the Administrator of the Department's Family Services Administration of each referral of an ADA Complaint to OPRMI.2548.3The ADA Coordinator shall make best efforts to reach a resolution of the complaint, and issue findings to the complainant, within forty-five (45) days, except that for complaints referred for investigation to OPRMI the time frame shall be as set forth in subsection 2548.4.
2548.4For complaints referred to OPRMI, OPRMI shall complete the investigation and issue a report within thirty (30) days of receipt of the referral. The ADA Coordinator and the Director or the Director's designee shall review the OPRMI report and issue findings within fifteen (15) business days after receipt of the report.
2548.5Findings shall be sent to the complainant, the complainant's representative, if any, the Provider, and the Administrator of the Department's Family Services Administration. If the Provider is a subcontractor or subgrantee of a Department contractor or grantee, the report shall also be sent to the contractor or grantee.
2548.6If the complainant disagrees with the Department's findings or proposed resolution, the complainant may appeal within fifteen (15) calendar days after receiving the Department's response. The appeal may be sent to the Office of Disability Rights, Attn: Director, 441 4th Street, NW, Suite 729N Washington, DC 20001. The Office on Disability Rights shall respond to the complainant within fifteen (15) calendar days after consultation with the complainant.
2548.7No public or private entity that delivers shelter or supportive services covered by this Chapter shall retaliate against, coerce, intimidate, threaten, or interfere with any individual who files or makes a complaint, or requests a reasonable modification, or aids or encourages any other person to file or make a complaint or request a reasonable modification.
D.C. Mun. Regs. tit. 29, r. 29-2548
Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7495 (August 19, 2011)Authority: The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.