Rule 391-1-9-.03 - Americans with Disabilities Act ("ADA")The Department will make all reasonable accommodations to ensure that people with disabilities have a meaningful opportunity to enjoy its programs, services, and activities.
(1)Definitions.(a)Service animal: any dog that is individually trained to do work or perform tasks for the benefit of people with disabilities. Examples of work or tasks include, but are not limited to, guiding people who are blind or have low vision, alerting people who are deaf or hard of hearing, pulling a wheelchair, alerting or protecting a person during a seizure, reminding a person with mental illness to take prescribed medications, calming a person with post-traumatic stress disorder during an anxiety attack, or performing other duties.(b)Miniature horse: a horse generally ranging in height from 24 to 34 inches measured to the shoulders and generally weighing 70 to 100 pounds that have been individually trained to do work or perform tasks for people with disabilities. Miniature horses are considered service animals.(c)Support or therapy animal: an animal that individuals with disabilities utilize for emotional support, well-being, or comfort. Because they are not individually trained to perform work or tasks, support or therapy animals are not service animals.(d)Individual with a disability: is a person who has a physical or mental impairment that limits one or more major life activities, or has a record of such impairment. (e)Accommodation: any modification or adjustment in policies, practices, procedures, or environment to enable a qualified individual with a disability to enjoy opportunities and access to the Department's rights, privileges, benefits, and services.(f)Wheelchair: means a manually-operated or power-driven mobility device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. (g)Other power-driven mobility device ("OPDMD"): any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars; electronic personal assistance mobility devices, such as the Segway PT; or any mobility device designed to operate in areas without defined pedestrian routes, but is not a wheelchair within the meaning of this section.(h)Auxiliary aids and services: devices or services that enable effective communication for people with disabilities.(2)Effective Communication for People Who Have Speech, Hearing, or Vision Impairments. It is the policy of the Department to ensure effective communication with individuals with disabilities in our programs, services, and activities. (a) The Department will provide, free of charge, appropriate auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities. Auxiliary aids and services provided may include:(i) For people who are blind, have vision loss, or are deaf-blind, this includes providing a qualified reader; information in large print, Braille, or electronic for use with a computer screen-reading program; or an audio recording of printed information. A "qualified reader" is someone who is able to read effectively, accurately and impartially, using any necessary specialized vocabulary.(ii) For people who are deaf, have hearing loss, or are deaf-blind, this includes providing a qualified notetaker, a qualified sign language interpreter, oral interpreter, cued-speech interpreter, or tactile interpreter; real-time captioning; written materials; or a printed script of a stock speech. A "qualified interpreter" is someone who is able to interpret effectively, accurately, and impartially, both receptively (i.e., understanding what the person with the disability is saying) and expressively (i.e., having the skill needed to convey information back to that person) using any necessary specialized vocabulary.(iii) For people who have speech disabilities, this may include providing a qualified speech-to-speech transliterator. A "qualified transliterator" is someone trained to recognize unclear speech and repeat it clearly.(b) The Department shall not require an individual to bring someone to interpret for him/her. The Department may rely on a companion to interpret in only two situations: (i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available.(ii) In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when a) the individual requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children.(iii) Under exception (ii), the Department may not rely on an accompanying adult to interpret when there is reason to doubt the person's impartiality or effectiveness.(c)Requests for auxiliary aids and services. Requests for an auxiliary aid or service for effective communication in receiving a service or participating in a program provided by the Department should be made as soon as possible, by submitting the appropriate request form. Requests should be made at least two weeks (10 business days) in advance of a scheduled event to allow time for scheduling. Request forms are available on the Department's website under Accessibility, as well as, at each Department location. All requests for auxiliary aids and services will be addressed promptly and in accordance with ADA requirements. The individual requesting the auxiliary aid or service will be notified as soon as possible if the Department is unable to meet the request and an effective alternative will be offered. Alternate formats or assistance may be requested by mail, or phone to: Georgia Department of Natural Resources
ADA Coordinator
2 Martin Luther King, Jr., Drive, S.E.
Atlanta, Georgia 30334
Phone: (404) 656-2783
(3)Service Animal Policy. Service animals shall not be excluded from the Department's facilities or activities.(a) It is Department policy to permit service animals anywhere in or on property owned, leased, or managed by the Department ("Department Property") where the public is normally allowed to go. Further, it is Department policy to permit miniature horses used as service animals in or on Department property where reasonable based on whether the horse is housebroken, is under the owner's control, can be accommodated based on type, size, and weight, and will not compromise legitimate safety requirements. Service animals should be harnessed, leashed, or tethered unless such devices interfere with the service animal's work, or if the visitor's disability prevents the use of these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls. The Department's policy includes an expectation that service animal owners will take responsibility for meeting legal requirements, ensure that animals are under their control, and adhere to cleanup rules.(b)When support or therapy animal permitted. The Department's service animal policy does not extend to support or therapy animals. Support or therapy animals may be permitted on Department properties where pets are not normally allowed on a case-by-case basis. However, it is the Department's policy to require that support or therapy animal owners obtain permission before bringing a support or therapy animal onto Department property, the requesting individual must submit a request and appropriate supporting documentation. Requests for a support or therapy animal will be evaluated by the appropriate office.(c)Permitted staff inquiries. When it is not obvious what service an animal provides, it is Department policy to allow staff to ask two questions: First, is the service animal required because of a disability? Second, what work or task has the service animal been trained to perform? Department staff cannot ask about the person's disability, require medical documentation, require a special identification card, training documentation for the service animal, or ask that the service animal demonstrate its ability to perform the work or task.
(d)Allergies and fear of dogs. Under Department policy, allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.(e)Removal of service animal. The Department prohibits removal of a service animal unless the service animal is out of control and the handler does not take effective action to control it or the service animal is not housebroken. When there is a legitimate reason to ask that a service animal be removed, the Department requires staff to offer the person with the disability the opportunity to obtain goods or services without the animal's presence.(f)Food service areas. The Department requires establishments that sell or prepare food to allow service animals in public areas on Department Property even if state or local health codes prohibit animals on premises.(g)Integrated service. The Department forbids isolating people with disabilities who use service animals from other patrons or treating them less favorably than other patrons.(h)Fees and surcharges. The Department prohibits charging fees or surcharges to guests with service animals that are not being charged to other patrons without animals. In addition, if a deposit or fee is required to be paid by patrons with pets, the charge must be waived for service animals.(i)Damage. If guests are normally charged for damage that they cause, the Department allows guests with a disability to be charged for damage caused by himself or his service animal. (j)Care and supervision. The Department does not require staff to provide care or food for a service animal.(4)Wheelchairs and other power-driven mobility devices. Wheelchairs and OPDMDs shall not be excluded from Department facilities or activities. The Department will permit individuals with mobility disabilities to use wheelchairs and manually powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. The Department will make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices ("OPDMDs") by individuals with mobility disabilities, in any areas open to pedestrian use. (a)The Department and its individual Divisions have determined that certain classes of OPDMDs cannot be operated in accordance with legitimate safety requirements in certain areas. Thus, use of OPDMDs in and on Department property is restricted as follows:(i) Gasoline OPDMDs are not permitted inside buildings and/or enclosed spaces.(ii) OPDMDs will not be allowed on delicate natural areas where pedestrian or vehicular traffic is restricted.(iii) OPDMDs will not be allowed on public roads within the parks unless equipped for road use.(iv) OPDMDs, in combination with the operator, which exceed 800 pounds total weight, are prohibited on nature trails (concrete and boardwalk portions), observation platforms, overlooks, boat docks, piers, and similar structures.(v) OPDMDs may not be operated at speeds that exceed 5 miles per hour.(vi) To operate OPDMDs on Wildlife Management Areas, a permit is required.(vii) On Wildlife management areas, OPDMDs are to be used on labelled "Handicap Access Roads" only.(viii) Department staff may advise a person using an OPDMD that a particular area does not permit use of such device if the area has been included in the exceptions of this rule.(b)The Department and its individual Divisions have determined that OPDMDs and wheelchair users in and on Department property must observe the following requirements:(i) Users are required to operate the device at the speed of pedestrian traffic.(ii) Users are required to operate the device on established pedestrian pathways to the same extent that pedestrians are required to stay on established pathways regardless of whether the device may be capable of off-path travel.(iii) Users may not operate the device in specific locations excluded by this rule.(c)General OPDMD and wheelchair considerations:(i) The Department will not provide storage of any mobility device when it is not being used.(ii) Users must follow established instructions for going through security screening machines if the device contains technology that could be harmed by the machine.(iii) The Department does not represent that the trails and access ways found on the natural areas are designed, maintained, managed, or safe for use by any particular person or mobility device. Certain risks are inherent in the use of any trail or access way, and the Department assumes no liability for injury to any person or for damage to any mobility device, whether caused by the operator, another visitor to a nature area's trail or facility, or any other circumstance.(d)Permitted staff inquiries: (i) Department staff shall not ask an individual using a wheelchair or other OPDMD questions about the nature and extent of the individual's disability.(ii) Department staff may ask a person using a OPDMD to provide credible assurance that the mobility device is required because of the person's disability.(I) Department staff must accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as credible assurance that the use of the OPDMD is for the individual's mobility disability.(II) Department staff must accept as credible assurance a verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability.(e)Provision of personal mobility devices. Nothing in this policy should be construed to require the Department to provide personal mobility devices (such as wheelchairs or motorized scooters) to individuals with disabilities.(5)Grievance procedure regarding the Department's provision of services, activities, programs, or benefits to individuals with disabilities. (a) This grievance procedure may be used by anyone who wishes to file a complaint alleging discrimination in the Department's provision of services, activities, programs, or benefits to individuals with disabilities.(b) The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request.(c) The complaint should be submitted by the complainant and/or his designee as soon as possible but no later than sixty (60) calendar days after the alleged violation. Complaints may be submitted online through the complaint form that is available on the Department's website under Accessibility or by mail to: Georgia Department of Natural Resources
ADA Coordinator
2 Martin Luther King, Jr., Drive, SE
Suite 1252 East
Atlanta, Georgia 30334
(d) Within 15 calendar days after receipt of the complaint, the Department's ADA Coordinator or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Department's ADA Coordinator or her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of DNR and offer options for substantive resolution of the complaint.(e) If the response by the Department's ADA coordinator or her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the State of Georgia ADA Coordinator or her designee.(f) Within 15 calendar days after receipt of the appeal, the State of Georgia ADA Coordinator or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the State of Georgia ADA Coordinator, or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.(g) All written complaints received by the Department's ADA Coordinator or her designee, appeals to the State of Georgia ADA Coordinator, or her designee, and responses from these two offices will be retained by the Georgia Department of Natural Resources ADA Coordinator for at least three years.Ga. Comp. R. & Regs. R. 391-1-9-.03
O.C.G.A. § 12-2-4.
Original Rule entitled "Americans with Disabilities Act ("ADA")" adopted. F. Oct. 26, 2021; eff. Nov. 15, 2021.