Americans with Disabilities Act Grievance Procedure
Commissioner Policy 53
Issuing Authority: Basil Seggos, Commissioner
Date Issued: February 23, 2012
Latest Date Revised: December 9, 2021
I. Summary
This document establishes the New York State Department of Environmental Conservation (DEC) grievance procedure providing for prompt and equitable resolution of nonemployment related complaints, alleging discrimination on the basis of disability in DEC practices and policies, or the provisions of its programs, services, and activities.
II. Policy
The New York State Department of Environmental Conservation (DEC), in compliance with state and federal laws and regulations that include the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability in DEC practices and policies, or the provisions of its programs, services, and activities.
In accordance with these laws, DEC will make reasonable modifications to its practices and procedures to ensure that people with disabilities are afforded equitable access to its programs, services, and activities. The ADA does not require that the DEC take any action which would fundamentally alter the nature of its programs, services, or activities; or impose an undue financial or administrative burden.
According to the DEC Procedure for Reasonable Accommodations, individuals who require auxiliary aids or services for effective communication, or are requesting a reasonable accommodation to a program, service, or activity should contact a DEC Regional ADA Accessibility Coordinator located in DEC Regional offices, or the DEC Statewide ADA Accessibility Coordinator located in Central Office, at least 10 business days prior to the event or need. DEC will not place a surcharge on an individual with a disability or a group of individuals with disabilities to cover the cost of providing auxiliary aids and services, or reasonable accommodations.
Individuals alleging discrimination on the basis of disability in DEC practices and policies, or the provisions of its programs, services, and activities may file a grievance following the procedure in Section V below.
III. Purpose and Background
Title II of the ADA requires that public entities who employ 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that is prohibited by the ADA. This policy will provide clear direction to the public and to DEC staff in their efforts to assist people with complaints relating to the ADA.
IV. Responsibility
DEC Divisions and Regions are expected to assume a significant role in the identification and proper forwarding of ADA complaints. The Statewide ADA Accessibility Coordinator, or Coordinator, working in concert with the Office of General Counsel, has the responsibility for handling all ADA complaints according to this Policy.
V. Procedure
The DEC has adopted the following grievance procedure to assure the prompt and equitable resolution of complaints alleging that the DEC has violated the ADA or Section 504 of the Rehabilitation Act. It may be used by anyone who wishes to file a complaint, alleging discrimination on the basis of disability in DEC practices and policies, or in the provisions of its programs, services, and activities.
The written complaint should be submitted via the DEC ADA Complaint Form (PDF) according to the instructions provided on the form, although alternative methods of communication, such as a letter, email, in-person or telephone interview, or digital recording, can be arranged as a reasonable accommodation. The person filing the complaint should include their name and address and describe the alleged violation in as much detail as possible, including the date(s) and people involved. The DEC asks that the complaint be filed as soon after the alleged violation as possible, in order to allow a prompt investigation. Complaints should be submitted, according to the instructions in the complaint form, to the:
Statewide ADA Accessibility Coordinator
NYS Department of Environmental Conservation
Division of Operations
625 Broadway
Albany, NY 12231-5253
Phone: (518) 402-9295
Email: accessibility@dec.ny.gov
Upon receiving the complaint, the Coordinator will contact appropriate DEC staff to promptly investigate the complaint and determine whether it can be resolved. When the investigation is complete, the Coordinator will communicate to the complainant the result of the investigation and any proposed resolution.
If the DEC determines that a complainant's requested accommodation would result in a fundamental alteration in the nature of the DEC's programs, services, or activities, or is an undue financial or administrative burden, the Coordinator will provide the complainant with a written statement of the reasons for reaching this determination. The Coordinator will also work with the complainant to attempt to identify alternative actions that would not result in such an alteration or undue burden, while ensuring that the complainant receives the benefits and services of the DEC's programs, services, and activities.
If the complainant is dissatisfied with the Coordinator's response, the complainant may file an appeal. The complainant should send an appeal by email or postal mail to:
ADA Appeals Officer
NYS Department of Environmental Conservation
Office of General Counsel
625 Broadway
Albany, NY 12233-1500
Email: ADA.appeals@dec.ny.gov
The government enforcement agency for the ADA and Section 504 of the Rehabilitation Act of 1973 is the US Department of Justice. Complaints to that agency may be directed to:
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Fax: (202) 307-1197
Further instructions on submitting an ADA Complaint is provided on the US Department of Justice (leaves DEC website) website including their online compliant form.
All written complaints received by the DEC Statewide ADA Accessibility Coordinator, appeals to the ADA Appeals Officer in the DEC Office of General Counsel, and responses from these two offices will be retained by the DEC for at least three years.
VI. Related References:
- DEC ADA Notice
- DEC ADA Complaint Form (PDF)
- NYS Procedures for Implementing Reasonable Accommodation in Programs and Services for Individuals with Disabilities (leaves DEC website)
- DEC ADA Accessibility Coordinators Contact Information
DEC ADA Public Notice
Americans with Disabilities Act (ADA) Rights and Grievance Procedure
The New York State Department of Environmental Conservation (DEC), in compliance with the Americans with Disabilities Act (ADA), does not discriminate on the basis of disability in DEC practices and policies, or the provisions of its programs, services, and activities.
DEC will make reasonable modifications to its practices and procedures to ensure that people with disabilities are afforded equitable access to its programs, services, and activities. The ADA does not require that the DEC take any action which would fundamentally alter the nature of its programs, services, or activities; or impose an undue financial or administrative burden.
According to the DEC Procedure for Reasonable Accommodations, individuals who require auxiliary aids or services for effective communication, or are requesting a reasonable accommodation to a program, service, or activity should contact a DEC Regional ADA Accessibility Coordinator located in DEC Regional offices, or the DEC Statewide ADA Accessibility Coordinator located in Central Office in Albany, at least 10 business days prior to the event or need.
Individuals alleging discrimination on the basis of disability in DEC practices and policies, or the provisions of its programs, services, and activities may file a grievance following procedures of the DEC ADA Grievance Policy. If you have questions or comments on this notice, please contact the DEC Statewide ADA Accessibility Coordinator at accessibility@dec.ny.gov or (518) 402-9295.
