525-RICR — Governor’s Commission on Disabilities

Chapter 10 General Administration

Subchapter 00

525-RICR-10-00-1 Access to Open Meeting

525-RICR-10-00-1 § 1.1 Statutory Authority

A.R.I. Gen. Laws § 42-46-13 Open Meetings – Accessibility for persons with disabilities;

B.R.I. Gen. Laws §§ 42-46-5(b)(3) & (4) Open Meetings – Purposes for which meeting may be closed – Use of electronic communications – Judicial proceedings – Disruptive conduct;

C.R.I. Gen. Laws § 42-51-6 Governor’s Commission on Disabilities – Duties; and

D.R.I. Gen. Laws § 42-51-6.1 Governor’s Commission on Disabilities – Hearing Boards.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Adoption — effective from 2018-01-08 to 01/04/2022

525-RICR-10-00-1 § 1.2 Definitions

A.As used in this Part the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1.“Commission” means the Governor’s Commission on Disabilities.

2.“Commissioner” means a member of the Governor’s Commission on Disabilities appointed by the Governor, pursuant to R.I. Gen. Laws § 42-51-2.

3.“Hearing board” means the board of five (5) commissioners appointed by the Commission Chairperson, pursuant to R.I. Gen. Laws § 42-51-6.1, as the hearing board for the purpose of conducting hearings and rendering decisions on matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and R.I. Gen. Laws §§ 37-8-15.1 and 42-46-13 within the jurisdiction of the commission.

4.“Meeting” means the same meaning as defined in R.I. Gen. Laws § 42-46-2(3).

5.“Public body” means the same meaning as defined in R.I. Gen. Laws § 42-46-2(3).

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Adoption — effective from 2018-01-08 to 01/04/2022

525-RICR-10-00-1 § 1.3 Requirements

A.All public bodies shall ensure that all open meetings of the public bodies are held in locations that conform to the State Building Code’s Accessibility of Meetings for Persons with Disabilities standard.

B.Public bodies are responsible for providing accommodations (such as interpreters for the deaf) when requested at their open meetings.

C.All meeting notices must contain a clause describing how individuals could request interpreter services or other accommodations. Most interpreter referral services need:

1.A minimum of three (3) business days to determine the availability of interpreters; and

2.Specify: name and phone number of contact person; name of party requesting the interpreter; day, time and place the interpreter is needed; brief description of the interpreting situation; consumer’s and type of sign language preferred; financing party; and name of preferred interpreter (if any).

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Adoption — effective from 2018-01-08 to 01/04/2022

525-RICR-10-00-1 § 1.4 Requesting an Open Meeting Telecommunications Accommodation Waiver

A.Whenever a request for an Open Meeting Telecommunications Accommodation Waiver is made to the Commission, it shall provide the requesting party with a copy of these Regulations and assist the individual in preparing an Open Meeting Telecommunications Accommodation Waiver Request Form.

B.The party requesting the waiver shall provide a signed certificate attesting that the party:

1.Has a disability as defined in R.I. Gen. Laws § 42-87-1;

2.Cannot attend meetings of that public body in person solely by reason of his or her disability;

3.May participate by use of electronic communication or telephone communication; and

4.Describe how the party cannot attend meetings of that public body in person.

1.4.1Granting or Rejecting a Telecommunications Accommodation Waiver

A.The Hearing Board shall review the Waiver Request at its next meeting and approve or reject the request. The member of the public body may appear and testify at meeting of the Hearing Board via telecommunication devices when their request is on the agenda. Notice of the meeting shall be sent to the affected public body and the member the waiver is requested for.

B.The Hearing Board shall:

1.Review the factors preventing the public body member’s physical attendance at meetings of that public body.

2.Conduct a technical review of possible electronic communication or telephone communication equipment or devices that would enable that member to participate in the public body’s meetings.

C.If the Hearing Board grants the waiver, the Board’s staff person shall issue the waiver in writing:

1.Send the original waiver to public body’s presiding officer;

2.Send a copy to the requesting member; and

3.Place a copy of the waiver on the public record.

D.If the Hearing Board rejects the waiver request, the Board shall state its reasons for rejection in writing to the requesting member, within a week of the meeting and place a copy of the waiver rejection on the public record.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Adoption — effective from 2018-01-08 to 01/04/2022

525-RICR-10-00-1 § 1.5 Forms

The Commission’s staff shall prepare and revise the forms referenced above, as necessary.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Adoption — effective from 2018-01-08 to 01/04/2022

525-RICR-10-00-2 Inclusion in State Government Employment, Programs and Activities

525-RICR-10-00-2 § 2.1 Statutory Authority

A.R.I. Gen. Laws § 42-51-6(1) Governor’s Commission on Disabilities - Duties

B.R.I. Gen. Laws § 42-51-6(3) Governor’s Commission on Disabilities - Duties

C.R.I. Gen. Laws § 42-51-6.2 Committees and mediation teams

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.2 Purpose

A.The purpose of this part is to coordinate the state government's implementation of:

1.Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126, as amended by the ADA Amendments Act of 2008, Public Law 110 through 325, 122 Stat. 3553 (2008);

2.R.I. Gen. Laws § 37-8-15 Public Buildings Access for People with Disabilities;

3.R.I. Gen. Laws § 37-8-15.1 Public Buildings – Accessibility of leased or rented facilities for people with disabilities; and

4.R.I. Gen. Laws Chapter 42-87 Civil Rights of People with Disabilities, as amended, which prohibits discrimination on the basis of disability by public (state and local government) entities.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.3 Incorporation by Reference

A.These regulations hereby adopt and incorporate Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126 - Equal Opportunity for Individuals with Disabilities:

1.C.F.R. 29 Part 1630 - Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act (https://www.federalregister.gov/documents/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as); and

2.Americans with Disabilities Act - 28 C.F.R. Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm) by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.4 DEFINITIONS

A.All the definitions in R.I. Gen. Laws §§ 42-87-1 "Definitions of disability" and 42-87-1.1 "Other definitions" are applicable to this part.

B.As used in this part the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1.“Commission” means the Governor’s Commission on Disabilities;

2.“Complainant” means the individual or organization alleging non-compliance by a state agency with federal or state laws, which protect the rights of individuals with disabilities.

3.“Mediation team” means the two-person teams created by the Commission, pursuant to R.I. Gen. Laws § 42-51-6.2 to attempt by informal methods of conference, persuasion, and conciliation, to induce compliance with matters within the jurisdiction of the commission.

4.“Respondent” means the state agency, which allegedly failed to comply with federal or state laws, which protect the rights of individuals with disabilities.

5.“State agency” is defined in R.I. Gen. Law § 42-51-9(3).

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.5 Coordinating Compliance

A.This Part sets forth a uniform procedure for ensuring state agency compliance with the Americans with Disabilities Act.

B.The State Coordinating Committee on Disability Rights has been formed to identify areas where the most efficient methods for compliance are through systemic change rather than at the departmental or agency level. This committee will review the recommendations from working groups that will conduct periodic self-evaluations of all services, activities, and programs of state government and state agency employment practices.

C.Each self-evaluation working-group shall review all operations of the state agencies and departments represented on the working group. Any areas of potential non-compliance found shall be described in detail on ADA/504 Action Plan GCD Form. The report shall also include recommended steps to bring about conformance with the ADA Self Evaluation and Compliance Plan for the State of Rhode Island and Providence Plantations.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.6 Implementation

The Commission’s Chairperson, Executive Secretary or designee shall issue directives and instructions to ensure the full implementation of the self-evaluation and compliance plans.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.7 Notice and Requesting an Accommodation

A.A state agency shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the state agency, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.

B.Event and Examination Postings, Job Vacancy Notices, and Interview notices - All vacancy notices, job postings, examinations, announcements of events and notification of job or client interviews shall identify the contact person for arranging reasonable accommodations for the applicant/customer who is seeking an accommodation during the interview, examination or event. The notice shall also contain the contact person’s telephone numbers and the date accommodation requests need to be called in, so the agency is able to make arrangements. Acquiring interpreters for the deaf and other services could take up to two (2) weeks. The deadline for requesting an accommodation shall be at least seven (7) days after the agency’s notice is posted or mailed. The state agency shall make reasonable efforts to fill requests that come in after the deadline.

2.7.1Requesting a Reasonable Accommodation

A.Whenever requests for reasonable accommodations are made to the Commission, it shall determine which agency is responsible, identify the agency’s ADA Coordinator, provide the requesting party with a copy of these regulations and either refer the requesting party to that coordinator or assist the individual in preparing a GCD Reasonable Accommodation Request Form.

B.The agency’s ADA Coordinator shall:

1.Within five (5) business days upon receiving the reasonable accommodation request:

a.Provide the requesting party with a copy of these regulations (if the Commission has not already provided a copy); and

b.Determine if the requested accommodation is for an immediate event or activity, is only needed for a short period of time, or the requested accommodation is easy for the agency to provide.

2.If the requested accommodation is for an immediate event or activity, is only needed for a short period of time, or the requested accommodation is easy for the agency to provide: the ADA Coordinator shall consult with the requesting party(ies) and shall give primary consideration to the request of the individual in determining the type of accommodation provided.

a.The ADA Coordinator may seek documentation of the need for the accommodation, before providing it, unless the delay caused in seeking such documentation would cause the individual to be denied the opportunity to participate in or receive the benefits of the service or activity.

b.Prior to rejecting any request for an accommodation, the Agency’s ADA Coordinator shall consult with the Commission, to identify technical resources that might assistance both the agency and the individual.

3.When the requested accommodation will be needed for an extended period of time, such as for a student’s instruction/training, employee’s workplace, or could require the purchase of auxiliary aids or renovation of a facility, the Agency’s ADA Coordinator will:

a.Assist the individual (or parent /guardian) in preparing a Reasonable Accommodation Request form.

b.Contact the Commission to identify other state resources that could provide technical assistance to both the individual and the agency in determining:

(1)If the individual is “A qualified individual with a disability” in relation to the services or employment being accommodated;

(2) The essential functions of the job or the essential determine purpose of the agency’s service being accommodated; and

(3)The individual’s specific abilities and limitations as they relate to those essential job functions or participation in the agency’s services, identify the barriers to job performance / enjoyment of the agency’s services and assess how these barriers could be overcome with an accommodation.

C.Confidential medical information:

1.Within ten (10) business days of receiving the Reasonable Accommodation Request Form, the agency’s ADA Coordinator shall meet with the employee/applicant or customer/parent/guardian to review any medical information needed to document that the individual is “a qualified individual with a disability” in relation to the services or employment being accommodated.

2.The individual’s collective bargaining agent or other persons of his/her choosing may assist the individual during this meeting.

3.The state’s rehabilitation /disability services experts may assist the agency’s ADA Coordinator.

4.Other agency personnel shall not participate in the review of nor have access to the individual’s medical information.

5.Only medical information needed to document that the individual is a “qualified individual with a disability” and the need for the accommodation is specifically related to limitations caused by the individual’s disability may be requested and retained by the agency’s ADA Coordinator, in a confidential file separate from the individual’s personnel or other client records.

D.Preparing an accommodation plan

1.Within ten (10) business days of receiving all necessary medical documents, the agency’s ADA Coordinator shall convene a meeting of the individual, the employee’s or program / activity’s supervisor, any technical assistance providers, and the employee’s collective bargaining agent. During this meeting or meetings:

a.The attendees shall review the essential functions of the job or the essential purpose of the agency’s service being accommodated;

b.Identify the individual’s specific limitations as they relate to those essential job functions or participation in the agency’s services, identify the barriers to job performance / enjoyment of the agency’s services and assess how these barriers could be overcome with an accommodation; and

c.Identify potential accommodations and assess how effective each would be in enabling the individual to perform the essential functions of his/her job or participate in the agency’s services.

2.When more than one (1) meeting is required to determine the most effective accommodation, an interim accommodation plan shall be developed at the initial meeting with the concurrence of all parties. Each party shall retain a signed original of the interim accommodation plan.

3.In developing the accommodation plan, the agency ADA Coordinator shall consider the following factors:

a.If there are several effective accommodations that would provide equal opportunity, the ADA Coordinator shall consider the preference of the individual and select the accommodation(s) that best serves the needs of the individual and the agency. If more than one accommodation would be effective or if the individual would prefer to provide his or her own accommodation(s), the individual's preference should be given first consideration. However, the agency is free to choose among effective accommodations and may choose one that is less expensive or easier to provide.

b.The fact that an individual is willing to provide his or her own accommodation does not relieve the agency of the duty to provide this or another reasonable accommodation should the individual for any reason be unable or unwilling to continue to provide the accommodation.

4.The Reasonable Accommodation Plan shall include:

a.A listing of the essential functions of the job or essential elements of the agency’s services which the employee/applicant/customer is unable to perform without an accommodation;

b.A listing of the reasonable accommodations that will be provided and an estimated timeline for implementing each accommodation; and

c.Descriptions of interim steps that will be taken to assist the employee in performing the essential functions of the job or reassignment to other duties, until the Reasonable Accommodation Plan is fully implemented.

5.The agency’s ADA Coordinator shall, prepare a “Reasonable Accommodation Plan” and present it at a meeting of the attendees of the Reasonable Accommodation Consultation(s).

6.The requesting party shall, review the proposed Reasonable Accommodation Plan, sign and date, all the copies and check either accept or reject in the appropriate box next to her/his signature, retain one (1) signed copy and return the remaining copies of the “Reasonable Accommodation Plan”:

a.If accepting the plan - to the agency’s ADA Coordinator, or

b.If rejecting the plan – to the Commission.

7.A signed original of the “Reasonable Accommodation Plan” shall be retained by the agency ADA Coordinator. A copy shall be sent to the Commission.

a.If the individual accepts the Reasonable Accommodation Plan, the agency shall implement the accommodation plan immediately, upon receipt.

b.No Reasonable Accommodation Plans shall be implemented until accepted by the individual.

E.Auxiliary Aids

1.If the reasonable accommodation will require the obtaining of equipment or devices (auxiliary aids), the agency’s ADA Coordinator shall within 15 business days of receiving an individual’s Reasonable Accommodation Request Form.

2.The agency will obtain or modify that equipment or devices utilizing operating funds.

3.Taking into account the preference of the qualified individual the agency’s ADA Coordinator shall recommend the accommodation that best serves the needs of the qualified individual and the agency.

4.The agency’s administrator will arrange for its purchase, immediately.

5.The agency shall be responsible for all maintenance of, repairs to, and consumables used in the operations of auxiliary aids, along with any specialized training of personnel in the operation of the auxiliary aids.

6.Disposal of Auxiliary Aids

a.Transfer of the Qualified Individual with an Auxiliary Aid

(1)The auxiliary aid shall be transferred with the qualified individual, as long as the individual remains a state employee or consumer of state services and the auxiliary aid is still required as a reasonable accommodation.

(2)If the auxiliary aid was purchased by the agency and

(AA)The qualified individual’s new position, is not under the control of the agency that purchased the auxiliary aid and

(BB)The auxiliary aid is not required as a reasonable accommodation for another employee/consumer, then

(CC)The purchasing agency shall arrange for the auxiliary aid to be declared “surplus property” in accordance with the surplus property regulations. The title of that auxiliary aid shall be transferred to the new agency. The original agency shall be reimbursed by the new agency for the current value of the auxiliary aid.

b.The qualified individual leaves state employment or is no longer a consumer of state services:

(1)If the auxiliary aid was purchased by an agency, then the agency shall arrange for the auxiliary aid to be declared “surplus property” in accordance with the surplus property regulations and transfer title of that auxiliary aid to the Commission's ADA Equipment Pool.

F.Rejecting a Reasonable Accommodation Request

1.The agency’s ADA Coordinator may reject an individual’s request for a reasonable accommodation for the following reasons:

a.The individual is not an individual with a disability;

b.The individual is able without an accommodation to:

(1)Perform the essential functions of the job or

(2)Participate in and /or benefit from the service or activity in an equally effective manner as individuals without disabilities,

(3)The individual’s request for a reasonable accommodation is primarily for the personal benefit of that individual; or

(4)The individual’s request for a reasonable accommodation would impose an undue hardship on the operations of the agency and there is no alternative reasonable accommodation.

2.The agency’s ADA Coordinator shall, within fifteen (15) business days of receiving all medical documentation requested (see § 2.7.1(C) of this Part above) or following the last meeting to “prepare a Reasonable Accommodation Plan (see § 2.7.1(D)(4) of this Part above):

a.Notify the requesting party of the rejection of their request for a reasonable accommodation, indicating which of the above reasons is the basis of the rejection Reasonable Accommodation Rejection GCD Form; and

b.Forward to the Governor’s Commission on Disabilities a copy of that notification.

G.Non-Supplanting, Impact on Benefits

1.This regulation addresses the State of Rhode Island’s obligation to provide reasonable accommodations and modifications, including auxiliary aids, to beneficiaries with disabilities of its services, programs, and activities, only when the auxiliary aid is needed to ensure accessibility to and usability of programs, services, and or activities.

2.The regulation also addresses the State of Rhode Island’s obligation to provide auxiliary aids, only as a reasonable accommodation to an employee with a disability. This regulation does not supplant nor relieve the obligation of any State agency to provide auxiliary aids (equipment or devices) under any other law or regulation.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.8. Designation of Responsible Employee and Adoption of Grievance Procedures

A.Designation of responsible employee. A state agency that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The state agency shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

B.Complaint procedure. A state agency that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.9 Prohibitions Against Discrimination

A.A state agency shall comply with the provisions of:

1.29 C.F.R. Part 1630 - Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act;

2.28 C.F.R. Part 35 Nondiscrimination on the Basis of Disability in State and Local Government;

3.R.I. Const., art. I, § 2;

4.R.I. Gen. Laws Chapter 42-87, Civil Rights of People with Disabilities;

5.R.I. Gen. Laws § 23-6.3-11 Prevention and Suppression of Contagious Diseases – HIV/AIDS - Discrimination prohibited;

6.R.I. Gen. Laws § 37-8-15 Public Property and Works - Access for people with disabilities;

7.R.I. Gen. Laws § 37-8-15.1 Public Property and Works - Accessibility of leased or rented facilities for people with disabilities; and

8.R.I. Gen. Laws § 42-46-13 Open Meetings - Accessibility for persons with disabilities.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.10 Compliance Reports

A.State agencies and operators of state funded programs or activities shall submit an updated listing of facilities they utilize for open meetings, services, programs, or activities to the Commission on the RI Program Accessibility for Persons with Disabilities Survey Form every fourth (4th) year.

B.The Commission’s Accessibility Committee will review the survey results and develop an action plan to relocate public events from inaccessible facilities or renovate those facilities, within sixty business days of receipt.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.11 Barrier Removal in Existing Facilities

2.11.1State ADA/504 Transition Plan – RI Capital Budget Request for Accessibility

A. In the event that structural changes in facilities are undertaken to comply with a state government entity's obligations to achieve program accessibility, the Commission’s Accessibility Committee shall:

1.Develop and periodically revise the state’s ADA/504 Transition Plan for the removal of environmental and communication barriers; and

2.Submit the RI Capital Budget Request for Accessibility to the Capital Development Committee annually.

B.The RI Department of Transportation, and any other state agency that has responsibility or authority over streets, roads, or walkways, shall submit, for to the Governor’s Commission on Disabilities for inclusion in the State’s ADA/504 Transition Plan. A schedule for providing curb ramps or other sloped areas where pedestrian cross curbs, giving priority to walkways serving entities covered by the Americans with Disabilities Act, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

C.The transition plan shall, at a minimum –

1.Identify physical obstacles in the State of Rhode Island’s facilities, that limit the accessibility of its program or activities to individuals with disabilities;

2.Describe in detail the methods that will be used to make the facilities accessible;

3.Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan goes beyond January 26, 1993, identify steps that will be taken during each year of the transition period.

D.The Commission’s Accessibility Committee must review the status of program and employment accessibility in state owned facilities at least once every five (5) years. The Accessibility Committee identifies all state owned facilities that do not conform to the accessibility for people with disabilities standard. Then the Accessibility Committee, with input from the state entities occupying the facilities, identifies all programs and employment opportunities that are inaccessible. Comments from organizations representing individuals with disabilities and consumers (individuals with disabilities) of the services offered in those facilities are solicited. The Committee must use the following criteria to determine the priority of renovations:

1.Group I. Facilities and Systems housing programs providing direct services primarily to people with disabilities and facilities utilized for open meetings and judicial facilities;

2.Group II. Facilities and Systems housing programs that provide a direct service to the General Public; and

3.Group III. Facilities and Systems housing administrative and support services that could, if accessible, expand employment opportunities for workers with disabilities. Within each group, facilities are prioritized using the following criteria:

a.Significance of service (would it be frequented more than another);

b.Incidence of use;

c.Unique service;

d.Duplication of services elsewhere;

e.Life-sustaining services;

f.Effect on quality of life;

g.Geographic criteria or regionalization; and

h.Service could be rendered by an adjoining office or elsewhere in the facility.

4.The Committee then must consider the potential for operating funds being used to complete renovations (for maintenance or repair of existing access improvements, low cost renovations or equipment with a short life cycle).

5.The Committee must prepare a priority list of renovation projects and submits it to the Governor’s Commission on Disabilities.

6.The Commission then must approve or modifies the list and transmits the list to the Governor for implementation as part of the state’s capitol development plan.

E.Awarding Projects:

1.The Commission’s Accessibility Committee must annually inform the state agency(ies) occupying the facility(ies) to be renovated of the maximum amount available, the specific facilities or parts of facilities as well as the nature of the renovations approved, the time-period in which the project’s funding is available and the options for project management. The Accessibility Committee annually revises the ADA/504 Transition Plan and RI Capital Budget for Accessibility (in June/July). Projects not on-schedule could be de-obligated and the remaining fund balance transferred to other agencies that demonstrate the ability to complete projects on time.

2.The Accessibility Committee shall issue a ADA Renovation Grant Award letter to the state agency that includes: the specific renovation project number, the award amount (less contingency) by fiscal year(s), the method of payment.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.12 New Construction and Alteration, or Renovation of State and State Funded Facilities

A.To ensure program and employment access and use by individuals with disabilities is incorporated at the earliest stages into the site plans and building plans:

1.The Commission’s staff shall participate in developing the design of all construction, renovation and alteration projects on behalf of or for the use of a state governmental body or public agency.

2.The Commission’s staff shall be consulted:

a.Prior to the initial development of site plans and building plans to ensure that both access to and use of the facilities in the most economic manner possible; and

b.Through any and all revisions of the site plan and building plan to actual completion of the project.

B.A state agency may apply to the Commission’s staff for a waiver of the provisions of this section. The agency must demonstrate that the proposed design, construction, or alternation does not materially affect accessibility to or usability of the facility. The Commission’s staff may only issue a waiver if the alteration work is:

1.Limited solely to electrical, mechanical, or plumbing systems and / or

2.Does not materially affect accessibility to or usability of the facility under accessibility for people with disabilities standards.

3.At the end of twenty (20) business days the waiver is automatically be granted, unless the Commission’s staff has:

a.Requested further information, or

b.Denied the waiver request.

C.General renovations or alternations — Whenever a state agency develops plans for the renovation or alternation of the interior layout of a facility (including employee work areas or customer service areas), or expansion of an existing facility, the state agency shall incorporate the removal of all existing environmental and communication barriers to program and employment opportunities throughout that facility, into the funding and construction plans for the facility.

D.New Construction — Whenever a state agency develops plans for the new construction of a facility; the renovation or alternation of the interior layout of the facility (including employee work areas or customer service areas); or expansion of an existing facility, the state agency shall submit its design to the State Building Commission for review to ensure compliance with the State Building Code, including the accessibility for people with disabilities standard.

E.State Funded Facility Construction, Renovations, or Alterations — The Commission and the state agency funding construction, renovation, or alterations to non-state entity facilities, shall establish cooperative agreements regarding the monitoring of accessibility compliance during the development of site plans and building plans through the actual completion of the project(s).”

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-2 § 2.13. Grievance Procedures Regarding Complaints Alleging Discrimination by a State Agency on the Basis of Disability

2.13.1Filing Complaints

A.The complainant must file with the Commission a GCD Disability Rights Complaint and Mediation Request Form for complaints concerning employment discrimination or government services discrimination.

1.The complainant may file a taped audio complaint.

2.Every complaint must include the following information:

a.A description of the alleged discriminatory act(s) and the date(s) of occurrence;

b.The state agency and if possible state employees involved; and

c.Possible resolution(s).

3.Within two (2) business days, the Commission’s Assistant ADA Coordinator will:

a.Determine the deadline for filing a formal complaint/suit and advise the complainant of the federal & state enforcement agencies’ deadline(s) and the time it could take to mediate the complaint; and

b.Forward the complaint to the respondents’ ADA Coordinator identified therein.

2.13.2Respondent Agency’s Investigation and Resolution

A.The respondent’s ADA Coordinator will contact the complainant and attempt to resolve the complaint within fifteen (15) business days of receipt of a complaint; the Respondent’s ADA Coordinator shall report the status of the complaint to the Commission as follows:

1.When the parties have an agreement that resolves the complaint: the Respondent’s ADA Coordinator shall submit to the Commission the GCD Mediation Status Report Form signed by all parties). The parties shall also execute in duplicate a written agreement, which sets forth the specific stipulations of the settlement, and each party shall retain a signed copy of that agreement. However that agreement shall not be provided to the Commission.

2.When the parties have agreed to an extension of time to reach possible agreement on a resolution: the Respondent’s ADA Coordinator shall submit to the Commission the Mediation Status Report, signed by all parties, which sets a new deadline.

3.When the parties cannot resolve the complaint: the Respondent’s ADA Coordinator shall submit to the Commission the GCD Agency Level Mediation Report, and the matter shall be referred to mediation or dismissed by the Commission.

2.13.3Mediation or Dismissal

A.Based on the Agency Level Mediation Report, submitted by the respondent’s ADA Coordinator, the Commission’s Chairperson or Executive Secretary may dismiss the complaint without prejudice, in which case the Commission shall advise the complainant about the available procedures for filing a charge with state and/or federal enforcement agencies.

B.If the Commission does not dismiss the complaint, the Commission shall mail all parties the GCD Mediator Selection Form,

1.Requesting the parties identify which potential mediators listed are unacceptable, and return the form within twenty-five (25) business days; and

2.If one or more of the parties has not returned the Mediator Selection Form within twenty-five (25) business days of it’s mailing, then the Commission shall close the complaint and advise the complainant of the enforcement process.

C.Upon receipt of the Mediator Selection Form from the complainant and respondent, the Commission will appoint two (2) volunteer (trained) mediators: one (1) from a state agency (not involved in the dispute) and one (1) from the disability community, who are acceptable to all parties involved. In the event that there are not two mediators acceptable to all the parties, the Commission will select the two (2) least objectionable mediators.

D.The mediation team shall meet with all parties to assist them to resolve the complaint. The mediation team may meet separately, with each party if necessary or appropriate.

E.The mediation team shall attempt to resolve the complaint within twenty-five (25) business days following their appointment. The parties may extend this twenty-five (25) day deadline by agreeing to additional mediation sessions. The mediation team shall file a Mediation Status Form on their efforts with the Commission, at the end of each mediation session, which the parties shall initial.

F.If the parties resolve the complaint during mediation, they shall execute in duplicate an agreement stipulating the terms of the resolution. The mediation team shall sign the agreement as witnesses. Each party shall retain a signed copy of the agreement. The parties shall not submit a copy of the agreement to the Commission. However, the mediation team shall complete the final Mediation Status Form indicating the type of resolution (initialed by all parties) and submit to the Commission.

G.Mediations conducted under the auspices of the Commission shall conform to the mediation confidentiality provisions of R.I. Gen. Laws § 9-19-44.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-04-27 to 01/04/2022

525-RICR-10-00-3 Request for a Waiver of the Accessibility Standard for State Leased Facilities

525-RICR-10-00-3 § 3.1 Statutory Authority

This Part is promulgated pursuant to R.I. Gen. Laws §§ 37-8-15, 37-8-15.1, Public Buildings – Access for people with Disabilities and Accessibility of leased or rented facilities for people with disabilities, and 42-51-6.1, Governor’s Commission on Disabilities - Hearing Boards.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.2 Purpose

The purpose of this Part is to prescribe procedures for a requesting a waiver for accessibility for leased of rented facilities for people with disabilities.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.3 Definitions

A.As used in this Part, the following words and phrases have the following meanings unless the context shall indicate another or different meaning or intent:

1.“Accessibility for People with Disabilities Standard” means the provisions of the RI State Building Code and the applicable federal accessibility code(s).

2.“The Commission” means the Governor’s Commission on Disabilities.

3.“Commissioner” shall mean a member of the Governor’s Commission on Disabilities appointed by the Governor, pursuant to R.I. Gen. Laws § 42-51-2.

4.“Governmental entity" means as defined in R.I. Gen. Laws § 37-2-7.

5.“Hearing board” means the board of five (5) commissioners appointed by the Commission Chairperson, pursuant to R.I. Gen. Laws § 42-51-6.1, as the hearing board for the purpose of conducting hearings and rendering decisions on matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and §§ 37-8-15.1 and 42-46-13 within the jurisdiction of the Commission.

6.“Public agency” means as defined in R.I. Gen. Laws § 37-2-7.

7.“State” means as defined in R.I. Gen. Laws § 37-2-7.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.4 Requesting a Waiver

A governmental entity or public agency requesting a waiver to the Accessibility for People with Disabilities Standards for facilities leased by the State of Rhode Island must submit a Waiver of Accessibility of Leased or Rented Facilities for People with Disabilities, RIGCD Form B to the Hearing Board. The State Property Management Office will notify the department of the time, date, and location of the public hearing on their request.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.5 Request Form

A.The request for the waiver must include:

1.A detailed description of all programs, activities, and services provided and employment accessibility at the site;

2.A description of each accessibility barrier a waiver is requested for and the reason for the request;

3.A list of alternative sites for these programs and the reason each was rejected; and

4.A detailed plan for providing complete access to all programs, activities, and services and employment opportunities, if the waiver is granted. This plan should include:

a.Procedures for informing the public, employees, clients and beneficiaries with disabilities how they will be serviced;

b.The location of any relocated services or duplicate services and their distance from the facility the waiver has been requested for; and

c.A description of any relocated service, responds to the following questions:

(1)Will it only service individuals with disabilities?

(2)Will it provide the identical range of services as the original site?

(3)Will it provide services during the same hours?

B.No waiver will be granted unless the request form is completed. The initial facilities review completed by the State Building Commissioner’s Office must be attached to the request.

C.The request shall be sent to the Governor’s Commission on Disabilities.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.6 Public Hearing

The Hearing Board shall conduct a public hearing. A representative of the governmental entity or public agency requesting the waiver and all governmental bodies or public agencies occupying space within the area covered by the request must attend the public hearing, and be prepared to respond to questions from the committee members.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-3 § 3.7 Approval Criteria

A.The Hearing Board may only grant a waiver when:

1.It would not operationally serve to deny any individual with a disability access to a service or program operated by the governmental entity or public agency;

2.It would not operationally serve to deny an employee with a disability or job applicant with a disability employment or advancement in that governmental entity or public agency; and

3.Total compliance with the disability accessibility provisions of the state building code was structurally infeasible.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Technical Revision — effective from 2003-10-09 to 10/28/2009
Periodic Refile — effective from 2001-12-31 to 10/09/2003

525-RICR-10-00-4 Investigation and Hearing of Complaints

525-RICR-10-00-4 § 4.1 Statutory Authority

A.R.I. Gen. Laws § 42-87-5(b) Civil Rights of People with Disabilities: Enforcement of Anti-Discrimination Provisions and

B.R.I. Gen. Laws § 42-51-6.2 Committees and mediation teams

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.2 F ormal Rules

A.Scope of Rules: These rules shall govern the conduct of Adjudicatory Proceedings within the jurisdiction of the Hearing Board of the Governor’s Commission on Disabilities.

B.Construction of Rules: These rules shall be construed to further the prompt and just determination of every proceeding and in conformity with the Rhode Island Administrative Procedures Act.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.3 Incorporation by Reference

A.This Part hereby adopts and incorporates the Americans with Disabilities Act of 1990 (42 U.S.C. Chapter 126 (1990) Equal Opportunity For Individuals With Disabilities by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with these regulations.

B.These regulations are hereby adopt and incorporate: 29 C.F.R. § 1630 (2011) Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act (https://www.federalregister.gov/documents/2011/03/25/2011-6056/regulations-to-implement-the-equal-employment-provisions-of-the-americans-with-disabilities-act-as);

C.Americans with Disabilities Act - Americans with Disabilities Act - 28 C.F.R. § 35 (2010) Nondiscrimination on the Basis of Disability in State and Local Government Services (https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm); and;

D.Americans with Disabilities Act 28 C.F.R. § 36 (2010) Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (https://www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm) by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.4 Definitions

A.All the definitions in R.I. Gen. Laws §§ 42-87-1 "Definitions of disability" and 42-87-1.1 "Other definitions" and in 29 C.F.R. § 1630 (2011) and 28 C.F.R. § 36 (2010) are applicable to this part.

B.As used in this part the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1.“Adjudicatory proceeding” means a proceeding before the Hearing Board, established in R.I. Gen. Laws § 42-51-6.1, in which the legal rights or duties of specifically named persons are determined after opportunity for a hearing.

2.“The Commission” means the Governor’s Commission on Disabilities.

3.“Commissioner” means a member of the Governor’s Commission on Disabilities appointed by the Governor, pursuant to R.I. Gen. Laws § 42-51-2.

4.“Complainant” means the aggrieved individual who files a complaint with the Commission alleging a violation of the provisions of R.I. Gen. Laws Chapter 42-87 relating to the physical inaccessibility of buildings and structures.

5.“Conciliation agreement” means a final resolution of the complaint entered into by the parties prior to the initiation of the formal adjudicatory proceeding.

6.“Discriminate” means engaging in any act or acts prohibited by R.I. Gen. Laws Chapter 42-87, relating to the physical inaccessibility of buildings and structures.

7.“Hearing Board” means a board of five (5) Commissioners appointed by the Commission Chairperson, pursuant to R.I. Gen. Laws § 42-51-6.1, as the Hearing Board for the purpose of conducting hearings and rendering decisions on matters relating to the provisions of R.I. Gen. Laws Chapter 42-87 and R.I. Gen. Laws §§ 37-8-15.1 and 42-46-13 within the jurisdiction of the Commission.

8.“Party" or "Parties” means the specifically named person whose legal rights or duties are being determined in an adjudicatory proceeding, including the complainant or complainants, the respondent or respondents and other persons joined pursuant to § 4.10(E) of this Part.

9.“Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization.

10.“Respondent” means a person against whom a complaint has been filed who is alleged to have violated any of the provisions of R.I. Gen. Laws Chapter 42-87 relating to the physical inaccessibility of buildings and structures.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.5 Jurisdiction

A.Pursuant to R.I. Gen. Laws Chapter 42-87 the Commission has jurisdiction to investigate complaints relating to alleged violations of the Civil Rights of People with Disabilities relating to the physical inaccessibility of buildings and structures.

B.Pursuant to R.I. Gen. Laws § 42-51-6.1, the Hearing Board has jurisdiction to conduct hearings and render decisions on matters relating to the provisions of R.I. Gen. Laws Chapter 42-87, §§ 37-8-15.1, and 42-46-13.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.6 Filing Complaints

A.Who May File. Any individual who claims to be aggrieved by an alleged discriminatory practice may file a written complaint with the Commission. Assistance in drafting and filing complaints shall be available to complainants at the Commission office. The original complaint shall be signed and dated by the party on whose behalf the filing is made or by the party’s authorized representative. The signature constitutes a certification from that individual that, to the best of his or her knowledge, the statements contained in the document are true, and, if the document has been signed by an authorized representative, that the individual has the full power and authority to do so.

B.Contents of Complaint. The Complaint shall contain the following:

1.The name and address of the person making the complaint and, if applicable, the name and address of the authorized representative signing the complaint;

2.The name and address of the person or entity or entities against whom the complaint is made (hereafter referred to as the respondent) and if known the names of the entity’s manager and any witnesses involved;

3.A concise statement of facts which complainant believes indicates that an unlawful discriminatory act has occurred, including a description of the physical inaccessibility of the buildings and structures and its effect on complainant’s access to the benefits of any program, activity or service;

4.The date or dates of the alleged unlawful discriminatory act or, if the alleged unlawful discriminatory act is of a continuing nature, the dates between which said continuous acts are alleged to have occurred;

5.Relief being sought and a statement as to any proceeding or action, civil or criminal, instituted in any other forum based upon the same facts or grievances as are alleged in the complaint together with a statement as to the status or disposition of each other action or proceeding.

C.Amendment of Complaints. A complaint is deemed filed when the Commission receives from a person a written statement sufficiently precise to identify the parties and to describe generally the alleged unlawful discriminatory act. A complaint or any part thereof may be amended to cure technical defects or omissions or to clarify and amplify allegations made therein, and such amendments relate back to the original filing date; provided, however, an amendment alleging additional acts constituting unlawful discriminatory acts not related to or arising out of the subject matter of the original complaint will be permitted only when, at the date of the amendment, the allegation could have been timely filed as a separate complaint.

D.Other Parties in Same Complaint. Persons complaining of unlawful discriminatory acts arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may join as complainants in a single complaint. All persons charged with unlawful discriminatory acts arising out of the same transaction, occurrence, or succession or series of transactions or occurrences may joined as respondents in the same complaint.

E.Service of Complaint. The Commission shall send notice of the filing of the complaint and a copy of the complaint to the respondent by certified mail within10 business days of the receipt of the complaint by the Commission.

F.Withdrawal of Complaint. The complainant may withdraw a complaint or any part of the complaint at any time prior to final disposition of the complaint. Written notice of withdrawal must be given to the Commission and to the respondent before withdrawal is effective.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.7 Standards for Determining Violation s

A.Standards for Determining Which Elements of Public Accommodations and Commercial Facilities Must be Accessible

For public accommodations whose most recent certificate of occupancy for the facility was issued:

a. Prior to January 27, 1993 or the most recent physical alteration of the property began prior to January 27, 1992 the elements which must be accessible are those listed in 28 C.F.R. § 36.304 “Removal of barriers” 28 C.F.R. § 36.305 “Alternatives to barrier removal”, 28 C.F.R. § 36.306 “Personal devices and services”, and 28 C.F.R. § 36.308 “Seating in assembly areas” (Americans with Disabilities Act Title III Regulations issued by the US Department of Justice).

b. After January 26, 1993 or if the physical alteration of the property begins after January 26, 1992 the elements which must be accessible are the 28 C.F.R. § 36 Subpart D “New Construction and Alterations”.

c. After March 15, 2012 or if the physical alteration of the property begins after March 15, 2012 the elements which must be accessible are the ADA Standards for Accessible Design (2010 Standards)”.

For commercial facilities occupied prior to January 26, 1993 or last alteration of the property began prior to January 26, 1992, the elements which must be accessible are limited to those required for employees with disabilities who need reasonable accommodations that requires physical accessibility as required by 29 C.F.R. § 1630.9 (Americans with Disabilities Act Title I Regulations issued by the US Equal Employment Opportunity Commission).
For commercial facilities whose first certificate of occupancy for the facility is issued:

a. After January 26, 1993 or if the physical alteration of the property begins after January 26, 1992 the standard for accessibility will be the State Building Code’s (and the Americans with Disabilities Act or Federal Fair Housing) Accessibility Standard for New Construction applicable at the time of construction, renovation or alteration to the portions of the building or structures cited in the complaint.

b.After March 15, 2012 or if the physical alteration of the property begins after March 15, 2012 the elements which must be accessible are the ADA Standards for Accessible Design (2010 Standards)”.

For commercial facilities located in private residences, the accessibility standard will conform to 28 C.F.R. § 36.401 “New construction (b) Commercial facilities located in private residences” provision of 28 C.F.R. § 36 Subpart C.
Exception for structural impracticability will conform to the provisions of 28 C.F.R. § 36.401 “New Construction (c) Exception for structural impracticability”.
Elevator exemptions will conform to the provisions of 28 C.F.R. § 36.401 “New Construction (d) Elevator exemptions”.
The standard for public accommodations or commercial facilities with physical alteration of the property begun after January 26, 1992, the accessibility standard will conform to 28 C.F.R. §§ 36.402 “Alterations”, 36.403 “Alterations: Path of travel”, 36.404 “Alternations: Elevator exemption”, and 36.405 “Alterations: Historic preservation”.

B.The standard specified in 28 C.F.R. § 36.406 “Standards for new construction and alterations” is the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), which is also the basis of the RI State Building Code’s Accessibility Standard.

C.Standards for Public Entities

No qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
As required by 28 C.F.R. § 35.150 “Existing facilities” , public entities in facilities whose most recent construction or alteration was commenced prior to January 27, 1992 the public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This does not necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities. For public entities that are recipients of federal financial assistance, the most recent construction or alteration must have commenced prior to the effective date of their federal funding source(s) Section 504 regulations.
As required by 28 C.F.R. § 35.151 “New construction and alterations” each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed (or altered) in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction or alteration was commenced after January 26, 1992. For public entities that are recipients of federal financial assistance, the all construction or alteration commenced after the effective date of their federal funding source(s) Section 504 regulations must meet the federal accessibility standards of that funding source.
The accessibility standard specified in 28 C.F.R. § 35.151 is the Uniform Federal Accessibility Standards (UFAS) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). 5. Compliance with the 2010 Standards is required on new construction or alterations that were begun after March 15, 2012.
Public entities are also required to conform to the provisions of 28 C.F.R. § 35.163 Information and signage.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.8 Investigation

A.Pursuant to R.I. Gen. Laws § 42-87-5(b)(1), the Commission shall investigate all complaints relating to alleged violations of said sections relating to the physical inaccessibility of buildings and structures.

1.The Commission’s staff will conduct an on-site inspection of the portion(s) of the buildings and structures cited in the complaint and provide the respondent and complainant a written report of the results of that on-site inspection.

2.The inspection shall be conducted in a manner consistent with the application, exemptions, definitions, requirements, standards, and deadlines for compliance in accordance with the requirements of the Americans with Disabilities Act, 42 U.S.C., § 12101 et seq. and the federal regulations pertaining to the Act, 28 C.F.R. §§ 36 and 35, and 29 C.F.R. § 1630.

3.At the completion of such an investigation the Commission’s Executive Secretary may recommend:

a.The staff attempt to induce compliance through conciliation;

b.The case be referred to the Hearing Board for a full hearing; or

c.The case be referred to the Hearing Board for dismissal of the complaint if the portion(s) of the buildings and structures cited in the complaint complies with the applicable accessibility standard.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.9 Conciliation

A.Prior to instituting a formal hearing, the Commission shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with R.I. Gen. Laws Chapter 42-87.

B.If the respondent and complainant reach agreement on the steps necessary to resolve the complaint, the agreement shall be reduced to writing in the form of a Conciliation Agreement. The Conciliation Agreement shall set forth all measures to be taken by any party including provisions for affirmative and other actions and compliance reports. The agreement shall contain a statement that implementation of its provisions resolved the particular dispute between the parties but is not a representation by the Commission that the buildings or structures is physically accessible to all persons with disabilities. The agreement shall be signed by respondent, complainant and a representative of the Commission. Copies of the Agreement shall be provided to all parties.

C.The conciliation agreement shall include a transition plan for resolving the dispute including:

1.The method(s) of compliance;

2.A renovation timetable; and

3.Interim steps that the respondent shall undertake to ensure use of the services, activities or benefits of the respondent until the accessibility barriers have been eliminated.

D.Compliance Reports. In disposing of a complaint or of its own investigation by means of a conciliation agreement or otherwise, the Commission may require any party to submit to it such compliance reports and allow the Commission to re-inspect the buildings and structures cited in the complaint, as the Commission deems necessary to determine compliance with the terms of conciliation.

E.An executed conciliation agreement is a final order of the Commission. Since the Agreement is the result of settlement negotiations, if the Commission determines that there has been a failure to comply with the Agreement, it may, at its discretion, elect to petition the Superior Court for its enforcement, or if less than twelve months have passed since the alleged discriminatory acts, to refer the initial complaint, and any amendments, to the Hearing Board for a full hearing. Nothing stated in a conciliation agreement shall be interpreted as an admission by any party of a violation of any provision of Rhode Island non-discrimination law, unless the party specifically consents to such an admission.

F.If the complaint or any portion of the complaint cannot be resolved by these informal methods, the Commission’s Hearing Board shall conduct a hearing as provided by R.I. Gen. Laws § 42-87-5(b).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.10 Hearing

A.The Commission’s Hearing Board shall:

1.Hear all unresolved complaints relating to alleged violations of R.I. Gen. Laws Chapter 42-87 relating to the physical inaccessibility of buildings and structures. The Hearing Board will hear all complaint that cannot be resolves by the informal methods of conciliation or are not approved for dismissal; and

2.Consider all recommendations for dismissal from the Commission’s Executive Secretary made pursuant to § 4.8(A)(3)(c) of this Part.

B.Hearing Preparation

1.Parties to an Adjudicatory Proceeding before the Hearing Board are encouraged to engage in voluntary discovery as provided in the Rhode Island Superior Court Rules of Civil Procedure. The Rhode Island Superior Court Rules of Civil Procedure shall govern discovery except where they are inconsistent or otherwise inapplicable under this Rules.

2.Requests for discovery may be made any time after the Commission’s Executive Secretary has recommended that a case be referred to the Hearing Board for hearing pursuant to § 4.8(A)(3)(b) of this Part above.

3.The Hearing Board, at its discretion, may establish limits on such discovery, including, but not limited to, when discovery shall commence and close.

4.Parties may make such motions as are permissible under these Rules, or pursuant to the Rhode Island Superior Court Rules of Civil Procedure. Motions made prior to the hearing must be made in writing and filed with supporting memoranda. Each motion shall set forth the grounds for the requested action by the Hearing Board. Any party opposing a motion must file an objection within seven (7) days or the objection will be deemed waived. The Hearing Board, at its discretion, may schedule oral argument on any motion.

5.The Hearing Board may determine, at its discretion, that a prehearing conference should be conducted in any individual case. The Hearing Board may select any one of its members, or authorize the Commission staff, to conduct the prehearing conference. The authorized individual may direct the parties to appear at a specified time and place prior to the commencement of the hearing to consider:

a.The simplification or clarification of the issues;

b.The possibility of obtaining stipulations, admissions, agreements on documents, or similar agreements to avoid unnecessary proof at the hearing;

c.The identification of witnesses and documents to be presented at the hearing;

d.Such other matters as may aid in the disposition of the hearing.

e.The parties may jointly elect to waive a hearing and to submit its case upon the record. Submission of a case without a hearing does not relieve the parties from the necessity of providing the facts supporting their burdens, allegations or defenses.

C.Notice of Hearing

1.The Commission shall issue and cause to be served upon all parties thereto or their attorneys of record, if any, by registered or certified mail, a notice of hearing before the Hearing Board. The notice of hearing will contain a hearing date, which shall not be less than ten (10) business days after the service of such complaint and notice. A hearing shall not be deemed instituted until convened and commenced before the Hearing Board.

2.The written notice of hearing, signed by the Hearing Board Chairperson or Vice Chairperson shall include:

a.A statement of the time, place and nature of the hearing;

b.A statement of the legal authority and jurisdiction under which the hearing is to be held;

c.A reference to the particular sections of the statutes and rules involved;

d.A copy of the complaint filed by the complainant;

e.The results of the Commission’s investigation stating the unlawful discriminatory act that allegedly occurred and the date of its occurrence in a manner sufficient to comply with Rhode Island Administrative Procedures Act;

f.The methods to overcoming any physical barriers proposed by the Commission’s staff; and

g.The name and telephone number of a contact person from the Commission.

D.Representation during the Hearing

1.Any person may appear before the Hearing Board on his or her own behalf or may be represented by legal counsel.

2.All persons in proceedings before the Hearing Board in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Rhode Island.

E.Joinder of Parties

1.A person shall, whenever possible, be joined as a party in the complaint when:

a.In his or her absence complete relief cannot be accorded among those already existing parties, or

b.He or she claims an interest relating to the subject of the complaint and is so situated that the disposition of the complaint in his or her absence may:

(1)as a practical matter impair or impede his or her ability to protect that interest or

(2)leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his or her claimed interest. If such a person cannot be made a party, the Hearing Board shall decide whether in equity the action should proceed or be dismissed. Any person charged with unlawful discriminatory acts arising out of the same transaction, occurrence or succession or series of transactions or occurrences may be joined as a respondent in the same complaint.

c.The Hearing Board may, in its discretion, join one or more complaints into a single proceeding for adjudicatory hearing.

F.Appearance of Parties

The complainant and the respondent shall be parties to the proceeding and may appear at the hearing, examine and cross-examine witnesses, and present evidence and argument on all issues involved.
Any person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the acts or practices complained of, at the discretion of the Hearing Board, may be permitted to participate in the adjudicatory proceeding. Permission to participate shall be limited to the right to present oral or written arguments and does not make the person a party to the proceeding with any right of appeal.

G.Time of Hearings

A hearing shall be conducted at the time and place set forth in the notice of hearing, except that the time of hearing may be extended by the Hearing Board, for good cause shown, at the request of any party or the Board’s Chairperson or Vice Chairperson, to such later date as the Hearing Board may determine.

H.Conduct of Hearing.

1.Hearings shall be as informal as may be reasonable and appropriate under the circumstances.

2.All parties, authorized representatives, witnesses and other persons present at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any court. Where such decorum is not observed, the Hearing Board may take appropriate action including adjournment, if necessary.

3.All parties shall have the right to present evidence, cross-examine witnesses, and make objections, motions and oral arguments. Whenever appropriate, the Hearing Board shall permit further examination as it deems necessary.

4.The Chairperson, or other designated member of the Hearing Board, shall preside over the hearing and shall administer the oath or affirmation to all witnesses.

5.All rulings and determinations of the Hearing Board during the conduct of the hearing, including admission or exclusion of evidence and on any other procedural matter, shall be made by the Chairperson, or other designated member of the Hearing Board; provided however, that any member of the Hearing Board may request a majority vote to overrule or sustain any ruling or determination of the presiding member.

6.All members of the Hearing Board may question the witnesses and examine any documents offered into evidence.

7.All hearings shall be public; provided, however, that for good cause, and only as allowed by R.I. Gen. Laws Chapter 42-46 [the Open Meetings Act], the Hearing Board may decide otherwise.

I.Procedure at Hearing

1.The Hearing Board shall follow the rules of evidence as applied in civil cases in the Rhode Island Superior Court to the extent practicable; when necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under those rules may be submitted (except where precluded by statute) if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Hearing Board may receive documentary evidence in the form of copies or excerpts, if the original is not available. The Hearing Board may also take notice of judicially cognizable facts and generally recognized technical or scientific facts within the Hearing Board’s specialized knowledge, as provided by the Administrative Procedures Act.

2.The Hearing Board shall have full authority to control the procedures of the hearing, to admit or exclude testimony or other evidence, to rule upon all objections and take such other actions as are necessary and proper for the conduct of such hearing including but not limited to, administering oaths, taking the testimony of any person under oath, and requiring the production for examination of any books, papers, documents or tangible things relating to any matter under investigation or in question before the Hearing Board. The Hearing Board shall conduct a hearing consistent with these Rules and Regulations.

3.The Hearing Board shall exclude irrelevant, immaterial, or unduly repetitious evidence. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered. When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling.

4.Under appropriate circumstances, the Hearing Board may require the parties to submit sworn pre-filed direct testimony of witnesses. The direct testimony will only be accepted as part of the hearing record when the witness is presented before the Hearing Board for cross-examination.

5.During the hearing or following its conclusion, the Hearing Board may require any party, with appropriate notice to the other party, to submit additional evidence on any matter relevant to the adjudicatory hearing.

6.During the hearing or following its conclusion, the Hearing Board may require the parties to present proposed findings of fact for its consideration. In its final decision, the Hearing Board shall include a ruling on each proposed finding of fact.

J.Medical Evidence

1.There shall be a presumption that the individual filing the complaint is a “Person with a Disability”.

2.If respondent challenges this presumption, then respondent must so state in writing ten (10) days prior to the scheduled commencement of the hearing. Failure to file the written challenge will be deemed a stipulation that the complainant is a Person with a Disability as defined in these Rules and in R.I. Gen. Laws Chapter 42-87.

If a challenge has been filed, then the complainant must present evidence at the hearing to establish that he or she is a Person with a Disability as defined in these Rules and in R.I. Gen. Laws Chapter 42-87.
Prior to the complainant offering such testimonial or documentary evidence, the Hearing Board shall close the hearing to the public pursuant to and in accordance with the requirements of R.I. Gen. Laws § 42-46-1 et seq. (the Open Meetings Law). If the complainant waives this requirement, then the evidence will be presented at open hearing and all evidence will become public record.
Any personal or medical records, including information relating to medical or psychological facts, offered by the complainant during the closed hearing shall not be deemed public records in accordance with the requirements of R.I. Gen. Laws § 38-2-1 et seq. (the Access to Public Records Act).
Notwithstanding the above provisions, testimonial and documentary evidence presented in closed hearing and not public record will be preserved for consideration by the Hearing Board and as part of the administrative record for the purposes of any appeal made pursuant R.I. Gen. Laws Chapter 42-35 (the Administrative Procedures Act).

K.Burdens of Proof

1.Initial Burden of Proof: The complainant shall first present his or her case. The complainant must prove by a preponderance of the evidence that the respondent has discriminated against the complainant in violation of the civil rights of individuals with disabilities caused by the physical inaccessibility of buildings and structures.

2.Staff’s Burden of Production: The Commission staff shall next present evidence that an on-site inspection of the portion(s) of the buildings and structures cited in the complaint was conducted and make its recommendation for resolution of the complaint.

3.Challenging Party’s Burden of Proof: If either the complainant or the respondent challenges the Commission staffs on-site inspection report and/or its recommended resolution of the complaint, then the challenging party shall have the burden to prove by a preponderance of the evidence that the report and/or the recommendation should not be adopted for one of the following reasons:

a.The Commission staff has incorrectly applied the standards for determining which elements of public accommodations and commercial facilities must be accessible;

b.The building or structure falls within the exception for structural impracticability;

c.An exemption applies;

d.The recommended resolution is not readily achievable;

e.Other factors should be considered by the hearing board in determining the final means to address the complaint.

L.Audio or Audio-Visual Recording/Transcript

1.Testimony and argument at the hearing shall be preserved by audio or audio-visual recording unless a party requests a stenographer under the provisions set forth below. The audio recording of the hearing shall be available at the Commission’s office for examination.

2.Any party may request that a stenographer be present at the hearing provided that the party bears the expense of the stenographer, his or her transcription, and any other incidental expenses.

3.There shall be no right to a continuance because of the unavailability of a stenographer.

4.Transcripts of the audio or audio-visual recording shall be provided by a stenographer to any party at the requesting party’s own expense.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.11 Decisions and Orders

A.Content.

1.Any decision and order of the Hearing Board issued after a hearing shall be in writing or stated in the record. The final order shall contain findings of fact and conclusions of law, separately stated.

2.All final decisions shall contain a separate notice informing the parties of the deadline for filing an appeal and state that the appeal should be made to the Superior Court pursuant to R.I. Gen. Laws § 42-87-5 and the Administrative Procedures Act.

B. Issuance of Decisions and Orders.

1.At least three Commissioners who are members of the Hearing Board must hear and participate in the decision on a case. A majority of the Hearing Board Members present and voting must agree on the decision and order.

2.If the Hearing Board determines that the respondent has not discriminated against the complainant in violation of the civil rights of individuals with disabilities caused by the physical inaccessibility of buildings and structures, then the Hearing Board shall state its findings of fact and shall issue an order dismissing the complaint as to the respondent.

3.If the Hearing Board determines that the respondent has discriminated against the complainant in violation of the civil rights of individuals with disabilities caused by the physical inaccessibility of buildings and structures, then the Hearing Board shall state its findings of fact and shall issue an order requiring the respondent to cease and desist from such practices, and to require the respondent to take any further action that will address, remove or otherwise resolves the discrimination against the complainant.

4.At any time in its discretion, the Commission may investigate whether the terms of the order are being complied with. Upon a determination that the terms of the order are not being complied with, the Commission may take appropriate action to assure compliance including, but not limited to, petitioning the Superior Court of Rhode Island for its enforcement.

5.The Hearing Board with the consent of the respondent may enter a consent order at any time after service of a notice of hearing. Such consent orders shall include an admission of all jurisdictional facts and express waivers of further procedural steps before the Hearing Board and of the right to appeal. Consent orders shall also state that the agreement is enforceable as a final order of the Hearing Board in accordance with R.I. Gen. Laws § 42-87-5. The Consent Order may contain a statement that the agreement constitutes a settlement of the issues between the parties and is not an admission by any party that the law or regulations have been violated as alleged in the complaint.

6.Copies of orders shall be served on all parties, and their attorneys of record, if any, and where appropriate the Attorney General and the state licensing or contracting authority.

7.All orders issued by the Hearing Board after a hearing shall be filed in the office of the Commission in and shall be open to public inspection during regular office hours of the Commission.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.12 Staff Dismissal of Complaints

A.If the Commission staff determines that the Commission has no jurisdiction over a complaint, the complaint shall be dismissed.

B.Administrative Closures. After notice to the complainant at his/her last known address, the Commission’s staff may administratively close a case if the Commission’s staff concludes:

1.It is unable to locate the complainant;

2.The complainant no longer wants to proceed with the complaint;

3.The respondent has filed for bankruptcy, and:

a.The bankruptcy has been finalized;

b.All assets of the respondent have been liquidated; and

c.Neither the respondent nor a successor is in operation;

4.An order appointing a receiver in respect to the respondent’s business has been entered in a court of competent jurisdiction, and:

a.All assets of the respondent have been liquidated; and

b.Neither the respondent nor a successor is in operation.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.1 3 Complaints Covered by Multiple Jurisdictions

A.Rhode Island Commission for Human Rights

1.The Governor’s Commission on Disabilities shall serve notice to any complainant, if her/his complaint could also be filed with the RI Commission for Human Rights under R.I. Gen. Laws § 42-87(5)(a) or other Rhode Island nondiscrimination laws.

2.The Governor’s Commission on Disabilities shall, upon the request of the RI Commission for Human Rights, present the results of its investigation and the recommended methods to overcoming any physical barriers, proposed by the Commission’s staff to the RI Commission for Human Rights and transfer said complaint to the RI Commission for Human Rights for hearing.

B.RI Department of Elementary and Secondary Education

1.The Governor’s Commission on Disabilities shall serve notice to any complainant, if her/his complaint could also be filed with the RI Department of Elementary and Secondary Education under R.I. Gen. Laws §§ 42-87(5)(c) or Chapter 16-39.

The Governor’s Commission on Disabilities shall, upon the request of the RI Department of Elementary and Secondary Education, present the results of its investigation and the recommended methods to overcoming any physical barriers, proposed by the Commission’s staff to the RI Department of Elementary and Secondary Education and transfer said complaint to the RI Department of Elementary and Secondary Education for hearing.

C.RI State Building Code Standards (and Appeals) Committee

1.The Governor’s Commission on Disabilities shall serve notice to any complainant, if her/his complaint could also be filed with the RI State Building Code Standards Committee or local building official, under R.I. Gen. Laws § 23-27.3-127.1.

2.The Governor’s Commission on Disabilities shall, upon the request of the RI State Building Code Standards Committee or local building official, present the results of its investigation and the recommended methods to overcoming any physical barriers, proposed by the Commission’s staff to the RI State Building Code Standards Committee or local building official, and transfer said complaint to the RI State Building Code Standards Committee or local building official, for hearing.

D.RI Department of Labor and Training -Elevator Inspection/Occupational Safety and Health Review Board

1.The Governor’s Commission on Disabilities shall serve notice to any complainant, if her/his complaint could also be filed with the RI Department of Labor and Training - Elevator Inspection Unit and/or the Occupational Safety and Health Review Board under R.I. Gen. Laws §§ 23-33-15 or 28-20-19.

2.The Governor’s Commission on Disabilities shall, upon the request of RI Department of Labor and Training - Elevator Inspection Unit and/or the Occupational Safety and Health Review Board, present the results of its investigation and the recommended methods to overcoming any physical barriers, proposed by the Commission’s staff to the RI Department of Labor and Training - Elevator Inspection Unit and/or the Occupational Safety and Health Review Board and transfer said complaint to the RI Department of Labor and Training - Elevator Inspection Unit and/or the Occupational Safety and Health Review Board for hearing.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.1 4 Filing for Recovery of Litigation Expenses

A.Purpose

The purpose of this rule is to carry out the statutory requirements contained in the Equal Access to Justice Act (R.I. Gen. Laws Chapter 42-92 which provides for the award of reasonable litigation expenses to prevailing parties in adjudicatory proceedings conducted by state agencies.

B.Filing Procedure

Within thirty (30) days of the conclusion of an adjudicatory proceeding relating to an enforcement action or order, or to any adjudicatory proceeding as defined in R.I. Gen. Laws 42-92-2, a respondent may submit a claim for litigation expenses to the Hearing Board that heard the matter. For purposes of this part, the adjudicatory proceedings are deemed to be concluded on the date a final decision is issued or on the date that a Consent Order is accepted by the Hearing Board. The claim for litigation expenses shall contain a summary of the legal and factual basis for filing the claim.

C.Supporting Affidavits and Documentary Evidence

1.The respondent shall submit with his or her claim for litigation expenses, affidavits and documentary evidence presenting the legal and factual basis by which the respondent claims to be entitled to an award of litigation expenses, including facts establishing:

a.That the respondent is a party as defined in R.I. Gen. Laws § 42-92-2;

b.That the respondent has prevailed in the underlying adjudicatory proceeding;

c.That the Commission was not charged by statute with investigating a complaint which led to the underlying adjudicatory proceeding; and

d.The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2.

D.Commission’s Answer

The Commission shall provide a written answer to the claim for litigation expenses to the Hearing Board within twenty (20) days of receipt of the claim. The answer may include affidavits and documentary evidence supporting its position and other evidence in support of the position that the Commission was substantially justified in its actions.

E.Evidentiary Hearing

Within ten (10) days of filing the Commission’s answer with the Hearing Board, either party may move for an evidentiary hearing on the issue of the awarding of litigation expenses. The motion shall be granted only if the moving party satisfies the Hearing Board that affidavits are an inadequate method of presenting new evidence relevant to the awarding of litigation expenses.

F.Decision

1.The Hearing Board shall issue a written decision setting forth its findings of fact and conclusions of law that underlie its conclusion whether litigation expenses should be awarded to the respondent.

2.The Hearing Board shall award reasonable litigation expenses to the respondent if the Hearing Board finds that the record in the case establishes by a preponderance of the evidence:

a.That the respondent is a party as defined in R.I. Gen. Laws § 42-92-2; and

b.That the respondent has prevailed in the underlying adjudicatory proceeding; and

c.The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2, which may include a recalculation of the expenses, and a finding that some or all of the litigation expenses qualify as reasonable litigation expenses under the statute.

3.The Hearing Board shall deny an award of litigation expenses to the respondent if:

a.The respondent failed to meet the burden of proof set forth above; or

b.The Commission was substantially justified in the actions leading to the proceedings and in the adjudicatory proceeding itself; or

c.The Commission was charged by statute with investigating a complaint that led to the adjudicatory proceeding.

4.Notwithstanding the provisions of § 4.15(F)(2) of this Part above, the Hearing Board may, at its discretion, deny fees or expenses if an award of litigation expenses would be unjust due to special circumstances that exist.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

525-RICR-10-00-4 § 4.1 5 Forms

The Commission’s staff shall prepare and revise the forms referenced above, as necessary.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-04-27 to 01/04/2022
Technical Revision — effective from 2009-10-28 to 04/27/2018
Amendment — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Adoption — effective from 2002-12-17 to 10/09/2003

Chapter 20 Civil Rights and Certification

Subchapter 00

525-RICR-20-00-1 Disability Business Enterprises

525-RICR-20-00-1 § 1.1. STATUTORY AUTHORITY

R.I. Gen. Laws Chapter 37-2.2 Disability Business Enterprises Act.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-09-06 to 01/04/2022
Amendment — effective from 2017-09-06 to 09/06/2017
Technical Revision — effective from 2013-04-16 to 09/06/2017
Amendment — effective from 2013-04-16 to 04/16/2013
Amendment — effective from 2009-10-28 to 04/16/2013
Technical Revision — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Amendment — effective from 2002-12-17 to 10/09/2003
Periodic Refile — effective from 2001-12-31 to 12/17/2002

525-RICR-20-00-1 § 1.2 Purpose

The purpose of this regulation is to implement R.I. Gen. Laws Chapter 37-2.2 and “carry out the state’s policy of supporting the fullest possible participation of small disadvantaged businesses owned and controlled by persons with disabilities in state funded and state directed public construction and projects and in state purchases of goods and services. This includes assisting disadvantaged disability businesses throughout the life of contracts in which they participate.”

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-09-06 to 01/04/2022
Amendment — effective from 2017-09-06 to 09/06/2017
Technical Revision — effective from 2013-04-16 to 09/06/2017
Amendment — effective from 2013-04-16 to 04/16/2013
Amendment — effective from 2009-10-28 to 04/16/2013
Technical Revision — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Amendment — effective from 2002-12-17 to 10/09/2003
Periodic Refile — effective from 2001-12-31 to 12/17/2002

525-RICR-20-00-1 § 1.3 Definitions

A.As used in this chapter, the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:

1.“Commission” means the “Governor’s Commission on Disabilities”.

2.“Construction” means as defined in R.I. Gen. Laws § 37-2-7.

3.“Contract” means as defined in R.I. Gen. Laws § 37-2-7.

4."Hearing Board” means the R.I. Gen. Laws § 42-51-6.1 Governor’s Commission on Disabilities - Hearing boards.

5.“Persons with disabilities” means as defined in R.I. Gen. Laws § 37-2.2-2(1).

6.“Small business concern”, means as defined pursuant to 15 U.S.C. Chapter 632(a) the Federal Small Business Act, but have fifty (50) or fewer employees.

7.“Small disadvantaged disability businesses owned and controlled by persons with disabilities" means as defined in R.I. Gen. Laws § 37-2.2-2(2).

8.“The State” means as defined in R.I. Gen. Laws § 37-2-7.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-09-06 to 01/04/2022
Amendment — effective from 2017-09-06 to 09/06/2017
Technical Revision — effective from 2013-04-16 to 09/06/2017
Amendment — effective from 2013-04-16 to 04/16/2013
Amendment — effective from 2009-10-28 to 04/16/2013
Technical Revision — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Amendment — effective from 2002-12-17 to 10/09/2003
Periodic Refile — effective from 2001-12-31 to 12/17/2002

525-RICR-20-00-1 § 1.4 Certification of Small Disadvantaged Disability Business Enterprises (SDBE)

1.4.1 Ownership and Control Requirements

A.An applicant must satisfy either §§ 1.4.1(1), (2) or (3) of this Part, as well as §§ 1.1.1(4), (5), and (6) of this Part (below) in order to be considered fifty-one percent (51%) owned by members with disabilities:

1.In a corporate form of organization, the shareholder(s) with disabilities of the corporation must own at least fifty-one percent (51%) of each and every class of stock, including fifty-one percent (51%) of all voting stock in the corporation; or

2.In a partnership form of organization, the partner(s) with disabilities must own at least fifty-one percent (51%) of the partnership; or

3.In any other form of organization, the owner(s) with disabilities must own at least fifty-one percent (51%) of the business interest of the organization including but not limited to fifty-one percent (51%) of the ownership of assets, dividends, and intangible assets such as copyrights and patents; and

4.The owner(s) with disabilities must demonstrate that they are entitled to receive profits from the business firm and that they are entitled to share in any other benefit which accrues to all owners of the business firm; and

5.The owner(s) with disabilities must substantially share in all the risks assumed by the business firm, and

6.The business firm cannot at any time enter into any agreement, option, scheme, or create any rights of conversion, which if exercised, would result in less than fifty-one percent (51%) ownership of the business firm by persons with disabilities.

B.To prove that the owner(s) with disabilities possess control over the business, an applicant must satisfy all the requirements of §§ 1.4.1(1), (2), and (3) of this Part (below):

1.The owner(s) with disabilities owners must demonstrate that they have control over:

a.The day-to-day management of the business, and

b.The policy-making mechanism of the business.

c.The ownership and control by the owner(s) with disabilities must be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected in its ownership document.

d.The owner(s) with owner(s) with disabilities must establish their control by providing substantial evidence that they possess the power to direct or cause the direction of the management of the firm and to make day-to-day as well as major decisions on matters of management, policy, and operations by establishing the following:

(1)Have the power to direct or cause the directions of the purchase of goods, equipment, business inventory and services needed in the day-to-day operation of the business.

(2)Have the authority to hire and fire employees, including those to whom management authority is delegated.

(3)Be an authorized signature on all corporate accounts-checking, savings, and other financial accounts.

(4)Have a thorough knowledge of the financial structure of the business and authority to determine all financial affairs.

(5)Have the capability, knowledge and experience required to make decisions regarding the particular type of work engaged in by the SDBE.

(6)Have displayed independence and initiative in seeking and negotiating contracts, accepting and rejecting bids and in conducting all major aspects of the business.

2.Any of the following conditions creates an irrefutable presumption that the owners do not have control of the business that is applying for certification:

a.If the owner(s) with disabilities are current employees of a non-disability business corporation, or individual, or partnership which has a significant ownership interest in the business firm applying for certification.

b.If the directors and/or management of the applicant firm is substantially the same as the affiliated non-disability firm.

c.If the applicant is a wholly owned subsidiary of a non-disability firm.

d.If the applicant has an extremely dependent relationship on a non-disability firm or individual.

3.Any agreement, option, right of conversion, scheme or other restraint, which, if exercised, would result in less that dominant control by the owners with disabilities is prohibited.

1.4.2 Substantial Investment in Business Requirement

A.The owner(s) with disabilities must demonstrate that they have substantial personal investment in the Business. Proof of such substantial investment must be established by producing evidence of the following:

1.A substantial amount of money invested in the business, or

2.Investment in the form of capital, equipment, contribution of property, space, patents and copyrights.

B.Contributions of personal or professional services alone will not be considered substantial investment” for the purpose of this section. However, a contribution of such services will receive consideration when given in conjunction with other tangible forms of investment.

C.There will be an irrefutable presumption that the owner(s) with disabilities have not made a substantial investment in the business if a significant portion of the applicant’s equity is financed by a loan or gift from a non-disability corporation, partnership or individual that has a significant interest in the applicant.

1.4.3Continuing Operational Requirement

The applicant must be an ongoing business concern; it must demonstrate to the satisfaction of the Disability Business Enterprise Committee that it was not established solely for the purpose of competing for SDBE programs.

1.4.4Certification

A.A small disadvantaged disability business shall apply to the Disability Business Enterprise Committee for certification as a “SDBE” by:

1.Completing an on-line Supplier Registration Package (http://www.purchasing.ri.gov), including the selection of commodity codes indicating the products and services offered for sale to the State;

2.SDBEs are also encouraged to register with RIFANS to receive automatic email alerts for Division of Purchases’ solicitations. RIFANS Supplier Portal is @ http://controller.admin.ri.gov/iSupplier/isup/index.php;and

3.Submitting RI GCD “Disability Business Enterprise Application for Certification”.

B.The Disability Business Enterprise Committee shall be entitled to request such additional documentation, as it deems necessary to adequately evaluate the application, and where appropriate, meet with the applicant to informally review the application, prior to issuing or rejecting its application for certification.

C.The Disability Business Enterprise Committee shall, by majority vote of those members present and voting, certify or deny certification of each applicant at a scheduled meeting of the committee. The applicant shall be notified that the committee will be considering the application, at least six (6) business days in advance of the meeting.

D.Applicants shall receive written notification of the actions of the Disability Business Enterprise Committee concerning their application, within six (6) business days of that action. The appeal procedures will be attached to the written notification of denial of certification.

1.4.5Annual Recertification and Reporting

A.A small disadvantaged disability business owned shall annually apply for recertification, on the first day of December following the anniversary of the initial awarding of certification to the Disability Business Enterprise Committee as a “SDBE” by:

1.Completing or updating on on-line RIFANS Supplier Portal registration process, including the selection of commodity codes indicating the products and services offered for sale to the State;

2.Submitting RI GCD “Disability Business Enterprise Application for Recertification” and only supporting documentation that indicates changes since the last submission; and

3.A report of:

a.The number persons with disabilities employed on government contracts awarded, through the SDBE Program;

b.The number of government contracts bid on, through the SDBE Program;

c.The number of government contracts awarded, through the SDBE Program;

d.The number of customers pre and post SDBE program involvement;

e.The number of non-government contracts pre and post SDBE program involvement;

f.The financial size of contracts pre and post SDBE program involvement;

g.The number of employees pre and post SDBE program involvement; and

h.Social Security Disability Income (SSDI) status pre and post SDBE program involvement.

C.The Disability Business Enterprise Committee shall, by majority vote of those members present and voting, certify or reject recertification of each applicant at a scheduled meeting of the committee. The applicant shall be notified that the committee will be considering the application, at least six (6) business days in advance of the meeting.

1.4.6Revocation of Certification

A.Grounds for revocation of SDBE certification may include but are not limited to:

1.Failure to comply with disability business enterprise or purchasing statues and/or regulations;

2.Suspension or debarment by the State or Federal Government;

3.Falsification of information on the application; and

4.Failure to comply with federal and/or State wage requirements.

B.The Disability Business Enterprise Committee shall, by majority vote of those members present and voting, revoke certification of a “SDBE” at a scheduled meeting of the committee. The “SDBE” shall be notified that the committee will be considering the application, at least six (6) business days in advance of the meeting.

C.The “SDBE” shall receive written notification of the actions of the Disability Business Enterprise Committee concerning their certification, within six (6) business days of that action. The appeal procedures will be attached to the written notification of revocation of certification.

1.4.7Procedure for Appealing Rejection of Certification / Recertification or Revocation of Certification

A.In the event an applicant is not certified, recertified, or if certification is revoked, the applicant shall have the right to appeal said decision. The applicant shall submit, in writing, a request for a hearing within twenty (20) business days of the receipt of the Disability Business Enterprise Committee’s denial of certification to the Commission.

B.The Commission’s Hearing Board shall conduct the appeal hearing in accordance with the Administrative Appeals Act, R.I. Gen. Laws Chapter 42-35.

C.Open Hearings:

1.The hearings will be open to the public and the applicant shall appear and may bring a representative and witnesses. The Chairperson of the Hearing Board or its designee may, in the interest of an orderly meeting, have the discretion to limit testimony of witnesses and the evidence presented to that which is relevant to the applicant’s proper proof of its compliance with these rules concerning certification.

The Hearing Board reserves the right to conduct a closed meeting pursuant to R.I. Gen. Laws Chapter 42-46-5(a).

D.Conduct at the Hearing:

1.The applicant and all parties present at the hearing shall conduct themselves in a manner consistent with the standards of judicial decorum accepted by the courts of Rhode Island. The chairperson of the Hearing Board or its designee will have the authority to take any action necessary to enforce these standards during the course of the hearing.

2.Stipulations:

a.Both Hearing Board and the applicant may enter written stipulations if they are signed by the parties sought to be bound thereby and if the opposing side does not disagree or object. If the opposing side disagrees or objects, the Chairperson will rule on the propriety of admitting or rejecting the stipulation.

b.Oral stipulation may be made on the record, at the discretion of the Chairperson, during the course of the hearing.

E Judicial Review:

1.An applicant may seek judicial review of any final administrative decision of the Commission and/or the Disability Business Enterprise Committee in accordance with R.I. Gen. Laws Chapter 42-35.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-09-06 to 01/04/2022
Amendment — effective from 2017-09-06 to 09/06/2017
Technical Revision — effective from 2013-04-16 to 09/06/2017
Amendment — effective from 2013-04-16 to 04/16/2013
Amendment — effective from 2009-10-28 to 04/16/2013
Technical Revision — effective from 2004-11-30 to 10/28/2009
Technical Revision — effective from 2003-10-09 to 11/30/2004
Amendment — effective from 2002-12-17 to 10/09/2003
Periodic Refile — effective from 2001-12-31 to 12/17/2002

525-RICR-20-00-03 Rhode Island Livable Home Modifications

525-RICR-20-00-03 § 3.1 Statutory Authority

R.I. Gen. Laws Chapter 42-51-13. Livable home modification program.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.2 Purpose

A.People with disabilities, who remain active in their community do not utilize health care services as they would in assisted living, nursing homes or other institutions.

B.One of the keys for the individual with a disability to remain in her/his community is the ability to get into and out of their own home and navigate safely in their home, with or without assistance.

C.Renovating a home or an apartment by removing barriers allows the family member with significant disabilities to stay safely, independently and out of long-term care facilities. It also can reduce falls and related emergency care facilities, hospital and rehabilitation expenses.

D.The Rhode Island Livable Home Modification Grants assists homeowner and renters modify residences to nationally recognized accessibility standards.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.3 Incorporation by Reference

A.These Regulations hereby adopt and incorporate:

1.Uniform Federal Accessibility Standards, 41 C.F.R. Part 101-19.6, App. A., https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas [access-board.gov] by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations, and

2.The Fair Housing Accessibility Guidelines (1991) https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/fhefhag by reference, not including any further editions or amendments thereof and only to the extent that the provisions herein are not inconsistent with these Regulations.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.4 Definitions

A.As used in this Regulation:

1."Accessibility features" means and includes the following:

a.Accessible route to a zero (0) step entrance on firm surface that is no steeper than a 1:12 slope from a driveway or public sidewalk;

b.Zero (0) step entrance;

c.Doorways that are usable by the individual’s mobility device and at least thirty-two inches (32") of clear width;

d.Hallways and passages that are usable by the individual’s mobility device and at least thirty-six inches (36") of clear width;

e.Accessible light switches, electrical outlets and environmental controls;

f.Accessible bathroom;

g.Accessible and useable kitchen facilities;

h.Handrails and grab bars;

i.Purchase and permanent installation of a backup electric generator for life sustaining electric-powered medical equipment in their homes for devices such as respirators, oxygen concentrators, and/or dialysis machines;

j.Installation of a permanent home monitoring system for residents with any form of dementia; and

k.Modifying of an existing unit shall also include permanently installed lifts or elevators. The modification of these features must meet the specifications of an existing standard.

l.Appliances or alarms that can be easily reinstalled in another residence would not meet the definition of an accessibility feature.

2.“Building codes” means Rhode Island State Building & Fire Code Regulations, including but not limited to the State Buildings Code; State Fire Safety Code; State Rehabilitation Building and Fire Code for Existing Buildings and Structures; and State Elevator Safety Code (http://sos.ri.gov/divisions/Open-Government/State/rules-and-regulations/building-and-fire-codes).

3.“Commission” means the Governor’s Commission on Disabilities.

4."Countable income" means the resident with the disability's taxable income as reported on the prior year's 1040, 1040A or 1040EZ, minus withdrawals from a retirement account or pension fund for medically necessary expenses.

5.“Dependent” means the same as 26 C.F.R. § 1.152-1 – “General definition of a dependent” claimed as a dependent on the resident with a disability's Federal Tax Return (https://www.irs.gov/forms-pubs/about-publication-929).

6.“Disability” means the same as defined by R.I. Gen. Laws § 42-87-1 (“definitions of disability”), except for R.I. Gen. Laws §§ 42-87-1(1)(ii) through (iv).

7."Existing standards" means and includes adaptability features prescribed by the Rhode Island State Building Code, the Uniform Federal Accessibility Standards, incorporated above, or Fair Housing Accessibility Guidelines, incorporated above.

8."Health care facility" means an institution licensed by the Rhode Island Department of Health that provides health care services in a health care setting, including but not limited to hospitals and other licensed inpatient centers, skilled nursing facility, hospice and palliative care, residential treatment centers, and rehabilitation and other therapeutic health settings.

9.“Modify”, "modification", or “modifying” means the alteration, construction, installation, and/or renovation of accessibility features and/or sensory modifications to the residence.

10.“Needs assessment” means an evaluation of:

a.Balance, coordination, endurance, safety awareness, strength, attention, problem solving, vision, communication, and many other functions while the individual performs daily tasks;

b.The home environment to identify barriers to safety, functional mobility and self-care activities;

c.How a person interacts with the environment to complete a task or activity; and

d.Through this process, modifications and intervention strategies are selected to improve the fit between these elements, with a goal of maximizing safety and independence in the home. The intervention plan may include but is not limited to strategies such as adaptive equipment, lighting, family caregiver training, or remodeling.

11.“Qualified healthcare professional” includes, but is not limited to, a physician, physical therapist, occupational therapist, audiologist, or certified aging-in-place specialist, capable of conducting an assessment of a resident who has a disability.

12.“Resident who has a disability” means an individual who has a physical or mental impairment that substantially limits one (1) or more of the major life activities of such individual.

13."Sensory modifications" means alarms, appliances and controls designed to assist sensory disabled persons that are structurally integrated into the residential unit. Built-in appliances would meet this definition.

a.Accommodations or features that can be removed and reinstalled in another residential unit and so reused at another location are not considered to be sensory modifications for the purposes of this program.

b.Appliances or alarms that can be reinstalled in another residence would not meet this definition.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.5 Livable Home Modification Grants

A.Any resident who has a disability who modifies or hires someone to modify an existing residence shall be eligible for a livable home modification grant of fifty percent (50%) of the total amount spent upon meeting the qualification criteria for modifying an existing residence, not to exceed four thousand five hundred dollars ($4,500.00), provided that the modification of the existing residence meets:

1.The qualification criteria as established in § 3.6 of this Part; and

2.The eligibility requirements established in § 3.8 of this Part.

B.The grant shall be allowed for the State fiscal year in which the residence has been awarded and the modification has been completed.

C.The grant requires an application by the resident who has a disability, guardian or power of attorney as provided in § 3.7 of this Part.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.6 Qualifications for Grant

A.Modifying an existing unit. In order to qualify for the grant, the modification of an existing residential unit must include at least one (1) accessibility feature as defined in § 3.4 of this Part and meet the requirements of an Existing standard as defined in § 3.4 of this Part, or provide Sensory modifications as defined in § 3.4 of this Part.

B.Grants shall be allowed under this Regulation for the modification of residential rental property provided that the owner of the rental property has submitted an affidavit declaring that the residential unit's accessibility features shall be maintained accessible for ten (10) years from the date the modification was completed.

C.Excluded from the grants are entities that are:

1.Eligible for the Federal disabled access credit established under the Internal Revenue Code, 26 U.S.C. § 44 (https://www.irs.gov/forms-pubs/about-form-8826) and R.I. Gen. Laws Chapter 44-54-1, Disabled Access Credit for Small Businesses;

2.Limited liability companies or foreign limited liability companies, as defined in R.I. Gen. Laws Chapter 7-16-2;

3.S Corporations established under Subchapter S of Chapter 1 of the Internal Revenue Code (26 U.S.C. § 1361 et seq.) (https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations);

4.Cooperative housing corporations, as defined in R.I. Gen. Laws Chapter 7-6.1-4; or

5.Corporations or foreign corporations, as defined in R.I. Gen. Laws Chapter 7-1.2-106.

D.Accessibility modifications that are eligible to be funded through other local, State or Federal programs are not eligible for grants.

E.No grant shall be allowed for the purchase or construction of residential rental property.

F.No grant shall be allowed if the modification is eligible for reimbursement, in whole or in part, by any healthcare insurance policy to which the individual with a disability is a beneficiary.

G.In no case shall the Commission issue any grant relating to transactions or dealings between affiliated entities.

H.In no case shall the Commission issue any grant more than once to the same or different persons relating to the same modification project.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.7 Application

A.Eligible residents, their guardian, or healthcare power of attorney shall apply for the grant by making application to the Commission, which shall issue a Livable Home Modification Grant Award Letter for an approved application to the resident who has a disability, guardian or power of attorney.

1.Accessibility modification of the residence or residential structure must not begin until the Livable Home Modification Grant Award Letter has been issued.

2.Only in the following circumstances may the modification have begun prior to the issuance of the Livable Home Modification Grant Award Letter:

a.The applicant would not have been discharged to a private residence from a Health care facility; or

b.The applicant would not have been able to attend healthcare appointments following their diagnosis; or

c.The applicant would not have been able to return to a private residence following the qualifying diagnosis.

B.A Needs assessment of the resident who has the disability’s need for the livable home modification grant to remain in community settings. The Needs Assessment must be conducted by a Qualified healthcare professional, not employed by the proposed accessibility modification contractor/installer, in either:

1.The Needs Assessment section of the application or

2.A copy of a Needs Assessment, as defined in § 3.4(A)(10) of this Part, prepared within six (6) months prior of the application date.

C.A contractor/installer's quote or estimate total cost of the accessibility features and/or sensory modifications to the residence must be attached to the application.

1.The contractor/installer must submit an affidavit declaring that all required building code permits shall be obtained prior to the modification begins.

2.The cost of any renovations not included in the definitions of the "Accessibility features" or "Sensory modifications" must be listed separately on the quote or cost estimate.

D.Proof on income of the resident who has the disability, must be attached to the application.

1.The prior year's W-2 Forms; or

2.The prior year's filed and signed Federal Tax Return and Documentation of the medically necessary expenses that required withdrawals from a retirement account or pension fund.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.8 Financial Eligibility

A.Eligibility is determined by the income in the prior year of the resident who has the disability, not the household income.

1.If the resident who has the disability was not required to file a Federal tax return in the prior year:

a.The resident, legal guardian, or power of attorney must submit an affidavit declaring that the resident was not required to file a Federal tax return in the prior year; then

b.The resident would be eligible for a Livable Home Modification Grant, provided the resident meets all the other requirements in:

(1)§ 3.6 of this Part, Qualifications for Grant; and

(2)§ 3.7 of this Part, Application.

2.For residents who have a disability and filed a Federal tax return in the prior year, that resident's countable income must not be greater than income in the table below.

Income Eligibility

Number of dependents of the resident, as defined in § 3.4(A)(5) of this Part

The resident who has the disabilities’ countable income

The resident (no dependents)

$78,700.00

1 dependent

$89,950.00

2 dependents

$101,200.00

3 dependents

$112,450.00

4 dependents

$121,450.00

5 dependents

$130,450.00

6 dependents

$139,450.00

7 dependents

$148,450.00

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.9 Application Approval

A.A Livable Home Modification Grant Award Letter shall:

1.Be sent by US Postal Service to the mailing address on the application;

2.The modification must not begin until the Commission issues a Livable Home Modification Grant Award Letter.

3.The Award Letter shall include the maximum reimbursement available for the modification, based on the contractor/installer's quote or estimate total cost of the accessibility features and/or sensory modifications to the residence.

4.The Commission must be notified of any projected increase in modification costs, in excess of amount included in the Livable Home Modification Grant Award Letter:

a.Unless an Amended Livable Home Modification Grant Award Letter increasing the maximum reimbursement is issued, the Commission will not reimburse the beneficiary any costs exceeding the original Award Letter's maximum reimbursement.

5.The Livable Home Modification Grant Award expires one hundred twenty (120) days after the award letter is mailed, unless the Commission has received:

a.The post modification claim for reimbursement described in § 3.11 of this Part.

b.Notice that the accessibility modification has begun; or

c.A signed copy of construction and/or installation contract for the modification.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.10 Termination of a Grant Award

A.The Commission shall send a Livable Home Modification Grant Award Termination Letter by U.S. Postal Service to the mailing address on the application, after the one hundred twentieth (120th) day.

1.The award termination letter will inform the recipient that:

a.She/he may reapply by submitting a new application to the Commission; and

b.Any modification must not begin until the Commission has issued a new Livable Home Modification Grant Award Letter.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.11 Filing a Claim for Reimbursement

A.Post modification documentation must include:

1.Before and after photographs of the area modified;

2.A scope of work and work specifications;

3.Copies of purchase contracts, invoices, cancelled checks, construction contracts, etc.;

4.Certification from a Qualified healthcare professional that the modification meets the Existing standards for adaptability features; and

5.Copies of all post modification building permits/certification of occupancy.

B.Supporting documentation must be attached to the Livable Home Modification Grant Post-Modification Claim form.

C.In addition, documentation certifying that the modifications were paid for by or on behalf of the applicant must be included to be eligible for the Livable Home Modification Grant reimbursement.

D.The Livable Home Modification Grant Post-Modification Claim form must be submitted to the Commission, upon completion of the modification, no later than July 10th for all projects completed prior to the end of the State’s fiscal year, June 30th.

1.The Commission does not guarantee reimbursement for grant awards approved in one (1) State fiscal year (July 1st to June 30th of the following calendar year) will be available after July 1st (the start of the next fiscal year).

2.All reimbursements for modifications completed in subsequent fiscal years will be based on that fiscal year's appropriation.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR-20-00-03 § 3.12 Application Denial and Appealing an Application Denial

A.An application will be denied if it does not meet the requirements of:

1.The qualification criteria as established in § 3.6 of this Part; or

2.The application requirements and deadlines established in § 3.7 of this Part; or

3.The financial eligibility limits established in § 3.8 of this Part.

B.A letter denying an application for a Livable Home Modification Grant must:

1.Be sent by USPS Certified Mail letter with Return Receipt to the mailing address on the application;

2.Indicate the provision(s) of this Part that are the reason for denial; and

3.The letter of denial must include the procedure for appealing the denial.

C.An appeal letter must:

1.Be sent by USPS Certified Mail letter with Return Receipt;

2.Be postmarked within thirty (30) days of receipt of a denial letter; and

3.Indicate the grounds for the appeal.

D.An appeal hearing will be conducted by the Commission's R.I. Gen. Laws Chapter 42-51-6.1. Hearing Board.

1.The Hearing Board shall conduct the appeal hearing in accordance with R.I. Gen. Laws Chapter 42-35-9. Contested cases – Notice – Hearing – Records, et. al.

2.The decision of the Hearing Board shall conform to the requirements of R.I. Gen. Laws Chapter 42-35-12. Orders.

3.Decisions of the Hearing Board may be appealed in accordance with R.I. Gen. Laws Chapter 42-35-15. Judicial review of contested cases.

History

Amendment — effective from 2023-03-19 to current
Periodic Refile — effective from 2022-01-04 to 03/19/2023
Amendment — effective from 2021-08-23 to 01/04/2022
Amendment — effective from 2019-10-22 to 08/23/2021
Amendment — effective from 2018-11-12 to 10/22/2019
Adoption — effective from 2018-01-02 to 11/12/2018

525-RICR — Governor’s Commission on Disabilities

Chapter 10 General Administration

Subchapter 00

525-RICR-10-00-1 Access to Open Meeting

525-RICR-10-00-1 § 1.1 Statutory Authority

525-RICR-10-00-1 § 1.2 Definitions

525-RICR-10-00-1 § 1.3 Requirements

525-RICR-10-00-1 § 1.4 Requesting an Open Meeting Telecommunications Accommodation Waiver

525-RICR-10-00-1 § 1.5 Forms

525-RICR-10-00-2 Inclusion in State Government Employment, Programs and Activities

525-RICR-10-00-2 § 2.1 Statutory Authority

525-RICR-10-00-2 § 2.2 Purpose

525-RICR-10-00-2 § 2.3 Incorporation by Reference

525-RICR-10-00-2 § 2.4 DEFINITIONS

525-RICR-10-00-2 § 2.5 Coordinating Compliance

525-RICR-10-00-2 § 2.6 Implementation

525-RICR-10-00-2 § 2.7 Notice and Requesting an Accommodation

525-RICR-10-00-2 § 2.8. Designation of Responsible Employee and Adoption of Grievance Procedures

525-RICR-10-00-2 § 2.9 Prohibitions Against Discrimination

525-RICR-10-00-2 § 2.10 Compliance Reports

525-RICR-10-00-2 § 2.11 Barrier Removal in Existing Facilities

525-RICR-10-00-2 § 2.12 New Construction and Alteration, or Renovation of State and State Funded Facilities

525-RICR-10-00-2 § 2.13. Grievance Procedures Regarding Complaints Alleging Discrimination by a State Agency on the Basis of Disability

525-RICR-10-00-3 Request for a Waiver of the Accessibility Standard for State Leased Facilities

525-RICR-10-00-3 § 3.1 Statutory Authority

525-RICR-10-00-3 § 3.2 Purpose

525-RICR-10-00-3 § 3.3 Definitions

525-RICR-10-00-3 § 3.4 Requesting a Waiver

525-RICR-10-00-3 § 3.5 Request Form

525-RICR-10-00-3 § 3.6 Public Hearing

525-RICR-10-00-3 § 3.7 Approval Criteria

525-RICR-10-00-4 Investigation and Hearing of Complaints

525-RICR-10-00-4 § 4.1 Statutory Authority

525-RICR-10-00-4 § 4.2 F ormal Rules

525-RICR-10-00-4 § 4.3 Incorporation by Reference

525-RICR-10-00-4 § 4.4 Definitions

525-RICR-10-00-4 § 4.5 Jurisdiction

525-RICR-10-00-4 § 4.6 Filing Complaints

525-RICR-10-00-4 § 4.7 Standards for Determining Violation s

525-RICR-10-00-4 § 4.8 Investigation

525-RICR-10-00-4 § 4.9 Conciliation

525-RICR-10-00-4 § 4.10 Hearing

525-RICR-10-00-4 § 4.11 Decisions and Orders

525-RICR-10-00-4 § 4.12 Staff Dismissal of Complaints

525-RICR-10-00-4 § 4.1 3 Complaints Covered by Multiple Jurisdictions

525-RICR-10-00-4 § 4.1 4 Filing for Recovery of Litigation Expenses

525-RICR-10-00-4 § 4.1 5 Forms

Chapter 20 Civil Rights and Certification

Subchapter 00

525-RICR-20-00-1 Disability Business Enterprises

525-RICR-20-00-1 § 1.1. STATUTORY AUTHORITY

525-RICR-20-00-1 § 1.2 Purpose

525-RICR-20-00-1 § 1.3 Definitions

525-RICR-20-00-1 § 1.4 Certification of Small Disadvantaged Disability Business Enterprises (SDBE)

525-RICR-20-00-03 Rhode Island Livable Home Modifications

525-RICR-20-00-03 § 3.1 Statutory Authority

525-RICR-20-00-03 § 3.2 Purpose

525-RICR-20-00-03 § 3.3 Incorporation by Reference

525-RICR-20-00-03 § 3.4 Definitions

525-RICR-20-00-03 § 3.5 Livable Home Modification Grants

525-RICR-20-00-03 § 3.6 Qualifications for Grant

525-RICR-20-00-03 § 3.7 Application

525-RICR-20-00-03 § 3.8 Financial Eligibility

525-RICR-20-00-03 § 3.9 Application Approval

525-RICR-20-00-03 § 3.10 Termination of a Grant Award

525-RICR-20-00-03 § 3.11 Filing a Claim for Reimbursement

525-RICR-20-00-03 § 3.12 Application Denial and Appealing an Application Denial

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