Procedure for Requesting Modifications to County of Hawai'i Facilities, Programs, or Services

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Procedure for Requesting Modifications to County of Hawaii Facilities, Programs, or Services April 2, 2009 Page 5 of 5 APPEAL Individuals whose requests are denied may, depending upon the circumstances, file complaints with the Hawaii Civil Rights Commission, the Department of Justice, or any federal department or agency which has given financial (or other assistance) to the relevant County department. Requests for curb ramps on County streets must be made directly to the Department of Public Works, Engineering Division, under"Procedures for Requesting New Curb Ramps or Modifications to Existing Curb Ramps within the County Streets." This procedure is available at.htto://www.co.hcwaii.hi.us/Qubwks/cdcromp.htm or telephone (808) 961- 8327 for more information. 2 Hereafter, use of the term "qualified individual with a disability" also includes reference to the representative,if applicable. 3 The individual may appeal by offering additional information to the ADA Coordinator to demonstrate that s/he is qualified. 4 A reasonable request is one that,as noted in ADA Title II §35.164, does not require the County to take any action that would result in a fundamental alteration in the nature of a service, program,or activity, or one which would result in undue financial or administrative burdens. The County of Hawai'i shall not implement any modification requests that would result in a "direct threat" or a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices,or procedures, or by the provision of auxiliary aids or services. 5 The assessment of direct threat shall be conducted on a case-by-case basis. The factors to be considered include the duration of the risk,the nature and severity of the potential harm,the likelihood that the potential harm shall occur, and the imminence of the potential harm. 6 Appeals for exceptions to this five-year rule should be made to the ADA Coordinator and shall be reviewed on a case-by-case basis. Exceptions may be granted to individuals who can demonstrate change(s) in the limitation(s) that warranted the request, a geographic move that warrants an additional modification, etc.