Utah Department of Administrative Services Division of Administrative Rules

File No. 34439

This notice was published in the March 1, 2011, issue (Vol. 2011, No. 5) of the Utah State Bulletin.


Technology Services, Administration

Rule R895-2

Americans With Disabilities Act (ADA) Complaint Procedure

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34439
Filed: 02/15/2011 12:44:04 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is promulgated pursuant to Sections 63G-3-201 and 63F-1-206. The Department of Technology Services hereby adopts and defines a complaint procedure to provide for prompt and equitable resolution of complaints filed in accordance with Title II of the Americans With Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition. Section 63G-3-201 directs agencies to write rules when their actions affect material benefits and regulate actions of a class of persons. Establishing a complaint procedure for disabled persons can only be done by rule.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments were received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

There is a need for the Department of Technology Services to continue the rule that adopts and defines a complaint procedure to provide for prompt and equitable resolution of complaints filed in accordance with Title II of the Americans With Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Technology Services
Administration
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

  • Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov

Authorized by:

J Stephen Fletcher, CIO and Executive Director

Effective:

02/15/2011


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2011/b20110301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Stephanie Weiss at the above address, by phone at 801-538-3284, by FAX at 801-538-3622, or by Internet E-mail at stweiss@utah.gov.