SECTION 504 COMPLAINT PROCEDURE

 

 

The County of Albemarle has adopted the following complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development’s (HUD) 24CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794).  Section 504 states, in part, that “no otherwise qualified handicapped individual . . . shall solely be reason of his handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . .”

 

Complaints regarding alleged discrimination in the implementation of Community Development Block Grant funded programs should be addressed to: Ronnie L. White, Chief of Housing, 1600 5th Street, Charlottesville, VA 22902, who has been designated to coordinate Section 504 compliance efforts.

 

1.      A complaint should be filed in writing or verbally containing the name and address of the person filing it and briefly describing the alleged violation of the regulations.

2.      A complaint should be filed within fifteen (15) days after the complainant becomes aware of the alleged violation.  Alleged violations occurring prior to the adoption of this complaint procedure will be handled on a case-by-case basis.

3.      An investigation, as may be appropriate, shall follow the filing of a complaint.  The investigation will be conducted by the designated Section 504 Coordinator in a manner that is informal but thorough allowing opportunities for all parties to submit evidence relative to the complaint.

4.      A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Ronnie L. White and a copy forwarded to the complainant no later than forty-five (45) days after its filing.

5.      The Section 504 Coordinator shall maintain the files and records of the County of Albemarle related to the complaints filed.

6.      The complainant can request reconsideration of the case in instances where he or she is dissatisfied with the resolution.  The request for reconsideration should be made within ten (10) days and addressed to Bryan Elliott, Assistant County Executive, 401 McIntire Road, Charlottesville, VA 22902.

7.      The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as filing of a Section 504 complaint with HUD.  Utilization of this complaint procedure is not a prerequisite to the pursuit of other remedies.

8.      These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the County of Albemarle complies with Section 504 and HUD regulations.

 

Adopted: ___October 1, 2003_________________________________

 

 

 

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