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Memorandum

Attachment

Subject: INFORMATION: Processing Complaints filed
under the Americans with Disabilities Act of 1990
and Title VI of the Civil Rights Act of 1964

Date: MAR 22 2006

From: Frederick D. Isler
Associate Administrator for Civil Rights

To: Division Administrators
Assistant Division Administrators

Reply to HCR-40
Attn. of:


The purpose of this Memorandum is to provide guidance to the Division Offices for processing complaints filed under the Americans with Disabilities Act of 1990 (ADA) and Title VI of the Civil Rights Act of 1964 (Title VI) The information outlined below explains in detail the actions to be taken by the Division Office when processing ADA and Title VI complaints.

Title VI Complaints

  1. All Title VI complaints received by the Division Office are to be forwarded to the Headquarters Office of Civil Rights for processing and investigation.
  2. The Headquarters Office of Civil Rights will provide the Division Office a notification Memorandum for all Title VI complaints filed against the State Transportation Agency (STA) in the respective State.
  3. All complaints filed under Title VI are investigated by the investigators in the Headquarters Office of Civil Rights or members of the National Civil Rights Investigations Team.
  4. If the STA investigates a Title VI complaint and forwards the information to the Division Office, the entire file and recommended decision are to be forwarded to the Headquarters Office of Civil Rights for review and issuance of the Letter of Finding.
  5. All Letters of Finding for Title VI complaints will be issued by the Headquarters Office of Civil Rights. A copy of the Letter of Finding will be sent to the Division Office.

Americans with Disabilities Act of 1990 (ADA) Complaints

  1. All ADA complaints will be investigated by the Division Office or the STA.
  2. If the Division Office receives an ADA complaint directly it will forward a copy to the Headquarters Office of Civil Rights for a complaint number and entry into the U.S. Department of Transportation's tracking system.
  3. If the complaint is against the ST A, the Division Office will conduct the investigation and forward the file and investigative report to the Headquarters Office of Civil Rights for review and issuance of the Letter of Finding.
  4. If the ADA complaint is against a local entity, the Division Office has the option of allowing the STA to conduct the investigation. Upon completion of an investigation by the ST A, the ST A will forward the file and the investigative report to the Division Office. The Division Office will review the file and investigative report for completeness before forwarding to the Headquarters Office of Civil Rights for final review and issuance of the Letter of Finding.
  5. If the STA does not wish to investigate the ADA complaint, then the Division Office will conduct the investigation.
  6. The Headquarters Office of Civil Rights will issue the Letter of Finding to the complainant and issue a decision Memorandum to the Division Office
  7. The decision Memorandum to the Division Office will state whether there is a finding of compliance or non-compliance.
  8. If there is a finding of non-compliance, the Headquarters Office of Civil Rights will provide instructions to the Division Office regarding implementation of the required corrective action.
  9. Whenever corrective action is required, the Division Office will send a letter to the ST A or local entity stating what corrective action is necessary with the designated time frames for completion of the action.
  10. The Division Office will provide periodic updates on the status of the corrective action to the Headquarters Office of Civil Rights.
  11. All ADA complaints will remain open until all corrective action is completed.

A web conference providing more detailed information about the process is being developed and has been tentatively scheduled for April 19 at 2:00 p.m. Any questions about the ADA process should be directed to Ms. Rhoda Cannon at 202-366-3384 and all Title VI questions should be directed to Ms. Thalia Williams at 202-366-1595.

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