Section 6.65.020. Applicability and purpose of complaint procedure.

	(a)  6 AAC 65.020 - 6 AAC 65.070 establishes procedures for the prompt and equitable resolution of a complaint against a state agency that alleges any action prohibited by the ADA. 6 AAC 65.020 - 6 AAC 65.070 applies to a qualified individual with a disability who believes that he or she has been subjected to discrimination by a state agency because of that individual's disability.  
	(b)  In accordance with AS 39.28.060, employment discrimination complaints subject to the ADA will be referred to the division of personnel and labor relations in the Department of Administration of a state agency is unable to promptly and equitably resolve a complaint within the agency.  
	(c)  The purpose of 6 AAC 65.020 - 6 AAC 65.070 is to establish procedures to resolve a complaint at the state level; however, a complainant is not required to file a complaint under 6 AAC 65.020 - 6 AAC 65.070 before filing a complaint with the State Commission for Human Rights, the division of personnel and labor relations in the Department of Administration, the United States Department of Justice, or any of the designated federal agencies identified in 28 C.F.R. 35.190.  
	(d)  A state agency may not retaliate, coerce, intimidate, harass, or interfere with an individual, or that individual's authorized representative, who files a complaint against a state agency alleging discrimination because of a disability.  

Authorities

44.17.030;44.17.060;44.62.125

Notes

Reference

6 AAC 65.020
6 AAC 65.050

Authority

Art. III, sec. 1, Ak. Const. Art. III, sec. 16, Ak. Const. Art. III, sec. 24, Ak. Const. AS 44.17.030 AS 44.17.060 Editor's note: Relevant agency addresses are: State Commission for Human Rights, 800 A Street, Suite 204, Anchorage, AK 99501-3669; Department of Administration, Division of Personnel and Labor Relations, 619 E. Ship Creek Avenue, Suite 309, Anchorage, AK 99501; United States Department of Justice, Civil Rights Division, Federal Coordination and Compliance Section, NWB, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530. As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 6 AAC 65.020, to reflect executive Order 104 (2003). Executive Order 104 transferred the functions of the office of equal employment opportunity from the Office of the Governor to the division of personnel and labor relations in the Department of Administration. As of Register 208 (January 2014), the regulations attorney made a technical change to 6 AAC 65.020(b) and (c) to correct a manifest error.

History

Eff. 11/27/93, Register 128

References

6.65.020