Public Access to Programs, Services and Facilities by Persons with Disabilities – Policy and Grievance Procedure

Public Access Policy

It is the policy of the State Board of Equalization (BOE) to provide access to its programs, services and facilities to persons with disabilities in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131-12134), its implementing regulation (28 C.F.R., part 35), and other applicable federal and state laws. Relevant sections of the 28 C.F.R., part 35 are attached.

This policy addresses public access by persons with disabilities. Inquiries concerning BOE's efforts to make its employment practices nondiscriminatory as to persons with disabilities under Title I of the ADA should be directed to BOE's Equal Employment Office, Taxpayers' Rights and Equal Employment Division, State Board of Equalization, P.O. Box 942879, Sacramento, CA 94279-0051, 916-322-7639 (voice) or 800-735-2929 (TDD). Procedures for employment discrimination grievances are found in BEAM section 1635 et seq.

Public Access Grievance Procedure

In the event a request for access to programs, services or facilities cannot be resolved with the assistance of BOE's ADA Coordinator, a grievance may be filed with BOE's Internal Security and Audit Division (ISAD), State Board of Equalization, P.O. Box 942879, Sacramento, CA 94279-0054, 916-445-2918 (voice) or 800-735-2929 (TDD).

The steps of BOE's ADA Title II grievance procedure are set forth below:

Step 1. The grievance should be filed on the Americans with Disabilities Act (ADA) Title II Grievance Form (BOE-351), copy attached. If the grievance is not filed on BOE-351, it should nonetheless contain the following information:

• The name, address, and phone number of the person filing the grievance;
• The name, address, and phone number of the person alleging the ADA violation, if other than the person filing the grievance;
• A description of the alleged violation and the remedy sought;
• Information regarding whether a complaint has been filed with the Department of Justice or other federal or state civil rights agency or court.
• If a complaint has been filed, the name of the agency or court where the complaint was filed, the date the complaint was filed, and the name, address and telephone number of a contact person with the agency with which the complaint was filed.

BOE's ADA Coordinator is available to disabled persons requiring assistance to file a grievance. BOE's communications regarding the grievance will be in a format accessible to the grievant.

Step 2. Consistent with BEAM section 7600, the grievance will be either responded to or acknowledged within 12 working days of receipt.

Step 3. Within 60 calendar days of receipt, ISAD will complete the investigation necessary to determine the validity of the alleged violation. If appropriate, ISAD will arrange to meet with the grievant to discuss the matter and attempt to reach an informal resolution of the grievance. Any informal resolution of the grievance shall be documented in the ISAD file.

Step 4. If an informal resolution of the grievance is not reached in Step 3, within 75 calendar days of receipt of the grievance, a written determination as to the validity of the complaint and description of the resolution, if appropriate, shall be forwarded by ISAD to the Executive Director for approval.

Step 5. BOE's determination and resolution shall be communicated to the grievant within 90 calendar days of receipt of the grievance, unless the Executive Director authorizes additional time for further consideration of the grievance. Any authorized extension of time will be communicated to the grievant. Any request for reconsideration of BOE's response to the grievance shall be at the discretion of the Executive Director.

If the grievant is dissatisfied with BOE's handling of the grievance at any stage of the process, or does not wish to file a grievance through BOE's ADA Title II Grievance Procedure, the grievant may file a complaint directly with the U. S. Department of Justice or other appropriate state or federal agency. Use of BOE's grievance procedure is not a prerequisite to the pursuit of other remedies.

The resolution of any specific grievance will require consideration of varying circumstances, such as the specific nature of the disability; the nature of the access to services, programs, or facilities at issue, the essential eligibility requirements for participation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to BOE. Accordingly, the resolution by BOE of any one grievance does not constitute a precedent upon which BOE is bound or upon which other complaining parties may rely.

File Maintenance

ISAD shall maintain ADA Title II grievance files for a period of three years.

To file a Grievance (BOE-351)
Code Sections