12-168-50 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 168-50-1 - POLICY [1 ]

It shall be the policy of the State of Maine that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the State of Maine or be subjected to discrimination by the State.

1. Protected individuals with disabilities
A. The protections in this non-discrimination policy and grievance procedure shall apply to individuals with disabilities as defined in Title II of the Americans with Disabilities Act and in Section 504 of the Rehabilitation Act, i.e., those persons who have a physical or mental impairment that substantially limits one or more of their major life activities, have a record of such an impairment, or are regarded as having such an impairment.
B. The protections in this policy and procedure shall apply, as well, to individuals with physical or mental disabilities as defined in the Maine Human Rights Act (MHRA), which is intended to be interpreted broadly to create greater coverage than under the Americans with Disabilities Act or Section 504. Individuals who have physical or mental impairments that substantially limit a major life activity, that significantly impair physical or mental health, or that require special education, vocational rehabilitation, or related services are protected by the MHRA. Individuals with specific disabilities listed in the MHRA are also protected. The MHRA also protects individuals who have a record of, are regarded as, or are likely to develop a physical or mental impairment or any of the specific disabilities under the MHRA.
2. These procedures apply to all programs, services, and activities of the State of Maine.
3. All programs, services, and activities, including grants and contracts, shall be available to individuals with disabilities in the same manner as accorded to all other persons in Maine.
4. Complaints from individuals with disabilities alleging discrimination with respect to access to State programs, services, and activities shall be processed quickly and fairly. At the same time, complainants should be informed that the Maine Human Rights Commission also will investigate claims of discrimination, if a complaint is filed with that office no later than 180 days after the alleged discriminatory action. Call the Commission at (207) 624-6050 (voice) or (888) 577-6690 (TTY) with any questions concerning their process.
5. The State of Maine designated employee with responsibility for coordinating State compliance with 45 C.F.R. § 84.7(a) and 28 C.F.R. § 35.107(a), the regulations implementing the ADA and Section 504 of the Rehabilitation Act with regard to programs, services, and activities, is the State Accessibility Coordinator. Pursuant to Executive Order 07 FY 04/05, each department or agency shall designate at least one accessibility coordinator.

12-168 C.M.R. ch. 50, § 1