To be compliant with Title II of the ADA, SOAH must ensure that eligible persons with disabilities have equal access to all services and programs. No qualified individual with a disability can be excluded from participation in or denied benefit from SOAH's services, programs or activities on the basis of disability.

A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. The goal is to promote equality of opportunity and full participation. SOAH works to ensure that every program, service, benefit, activity and SOAH operated or owned facility open to the public is accessibly and useable by people with disabilities.

A member of the public with a disability, who may need auxiliary aids or services, including an interpreter for the hearing impaired, should contact SOAH's ADA Coordinator for Title II to request assistance.

SOAH's ADA Coordinator may be reached by United States Postal Mail, telephone, or email at:

Mail:   ADA Coordinator - Title II
           State Office of Administrative Hearings
           P.O. Box 13025
           Austin, Texas 78711-3025

Telephone: 512.475.4993 or the use the relay option of your choice.
Email: SOAH.ADA@soah.texas.gov

A member of the public who is a party to a contested case or administrative hearing before SOAH is required to comply with applicable agency rules of procedure regarding interpreters in SOAH proceedings. See 1 Tex. Admin. Code §§ 155.407 and 159.211(e).

All SOAH facilities are accessible to persons with disabilities. To request special assistance accessing any SOAH facilities, please contact SOAH's ADA Coordinator.

The Austin Headquarters of the State Office of Administrative Hearings is in the William P. Clements Building located at:

Street Address:  300 W. 15th
                              Austin, Texas 78701

The main William P. Clements Building entrance is on 15th Street. There is a separate handicap accessible entrance located in the breezeway on the north side of the building. SOAH regional offices are inspected for ADA compliance by the Texas Department of Licensing and Regulation (TDLR).

Under Title I of the ADA regarding employees and employment by SOAH, the agency does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission (EEOC) under Title I of the ADA. SOAH's Employee Handbook and Policy on Reasonable Accommodations for Employees & Applicants with Disabilities govern employment related complaints of disability discrimination.

Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. In accordance with the requirements of Title II, SOAH will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

SOAH will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. A designated ADA Coordinator advises SOAH and the public about the ADA and the agency's compliance obligations; and coordinates the investigation of complaints filed by the public alleging discrimination in SOAH's programs, services, or activities.

Under Title II of the ADA, SOAH is required to take steps to ensure that its communications with people with disabilities are as effective as communications with those without disabilities. Title II requires government entities, such as SOAH, to make appropriate auxiliary aids and services available to ensure effective communication. SOAH will generally, upon request, provide appropriate aids and services leading to effective communication for qualified individuals with disabilities so they can participate equally in SOAH's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to individuals who have speech, hearing, or vision impairments. SOAH can generally obtain requested interpreters in a short period of time when necessary.

Examples of auxiliary aids and services that can increase communication with individuals who are deaf or with hearing disabilities are:

• Qualified Interpreters
• Note Takers
• Transcription Services
• Written Materials
• Closed Caption Decoders
• Telephone Handset Amplifiers
• Assistive Listening Services
• Text Telephone Devices (TTYS)
• Videotext Displays

Due to SOAH’s obligation to ensure that hearings are impartial and that any interpreters used are professionally qualified, a hearing-impaired individual’s family member or companion may not serve as a sign language interpreter in an administrative proceeding.

Examples of auxiliary aids that can increase communication and services with individuals who are blind or with visual disabilities are:

• Qualified Readers
• Audio Recordings
• Braille Materials
• Physical Assistance for Guidance
• Large Print Materials
• Materials in Electronic Format
• Audio Descriptions

Examples of auxiliary aids that can increase communication and services for individuals who have cognitive disabilities:

• Readers
• Communication Assistance
• Graphic Presentations
• Use of Clear and Concise Language
• Repetition
• Pictogram

All requests for accommodations, including requests for auxiliary aids and services, should include:

• Name and contact information of the requesting party; and name and contact information of the individual with a disability, if different;
• Type(s) of accommodation, auxiliary aid, and/or service needed for effective communication;
• Docket number of the SOAH proceeding for which the accommodation, auxiliary aid, and/or service is requested, if applicable; and
• Date and duration of the requested accommodation, auxiliary aid, and/or service.

SOAH, in its discretion, may require the applicant to provide additional information about the disability or impairment in order to facilitate consideration and processing of the request.

Requests may be submitted either in writing or orally. The requesting individual may complete and submit SOAH's Request for Accommodation Form. Oral requests will be documented by the ADA Coordinator and confirmed with the requesting individual.

Requests for accommodations should be made as far in advance as possible in order to better enable SOAH to address the communication needs of the individual. Late notice of a request for an accommodation, auxiliary aid, and/or service may impact SOAH’s ability to provide the requested accommodation(s), and may result in a delay or continuance of scheduled proceedings.

Member of the Public Not a Party Before the State Office of Administrative Hearings

To request an accommodation, alternative format of communication, and/or modification of policies and procedures in order to access and benefit from SOAH's programs, services and activities, an individual who is a member of the public who is not a party to a proceeding before SOAH can complete and submit a Request for Accommodation Form (alternative formats available upon request) and/or contact the SOAH ADA Coordinator as soon as possible but no later than ten (10) business days before the scheduled event (if relevant).

SOAH's ADA Coordinator may be reached by United States Postal Mail, telephone, or email at:

Mail:    ADA Coordinator - Title II
            State Office of Administrative Hearings
            P.O. Box 13025
            Austin, Texas 78711-3025

Telephone: 512.475.4993 or the use the relay option of your choice.
Email: SOAH.ADA@soah.texas.gov

Upon receipt of a request for an accommodation, the ADA Coordinator will promptly confer with the requesting individual to ascertain the auxiliary aids or services that may be required.

Party or Witness to a Proceeding at the State Office of Administrative Hearings

To request an accommodation, alternative format of communication, and/or modification of policies and procedures in order to access and benefit from SOAH's programs, services and activities, an individual who is a party or a witness in a contested case proceeding or administrative hearing, or mediation, at SOAH can complete and submit a Request for Accommodation Form (alternative formats available upon request) and/or contact the SOAH ADA Coordinator. A party is required to comply with applicable agency rules of procedure regarding interpreters in SOAH proceedings. See 1 Tex. Admin. Code §§ 155.407 and 159.211(e).

For general cases, a party or witness who needs an interpreter or translator in order to participate in a proceeding must file a written request at least seven (7) days before the setting. 1 Tex. Admin. Code § 155.407. SOAH will provide and pay for the following:

• An interpreter for hearing-impaired parties and witnesses, in accordance with Tex. Gov't Code § 2001.055;
• Reader services or other communication services for visually-impaired parties and witnesses; and
• A certified language interpreter.

For administrative suspension, denial, or disqualification of drivers’ licenses under the Administrative License Revocation (ALR) Program governed by Texas Transportation Code Chapters 522, 524, and 724, a party shall file a written request at least seven (7) days before the hearing. 1 Tex. Admin. Code § 159.211(e). SOAH will provide and pay for:

• An interpreter for deaf or hearing-impaired parties and subpoenaed witnesses in accordance with §2001.055 of the APA;
• Reader services or other communication services for blind and sight impaired parties and witnesses; and
• A certified language interpreter for parties and witnesses who need that service.

If the defendant fails to make a timely request, the judge may provide an interpreter or may continue the hearing to secure an interpreter. 1 Tex. Admin. Code § 159.211(f).

When a qualified individual with a disability requires an auxiliary aid or service to ensure effective communication, the individual may request the auxiliary aid or service of his or her choice. SOAH gives primary consideration to the choice expressed by the individual. Primary consideration means that SOAH will attempt to defer to the individual’s request, unless the agency can show that another equally effective means of communication is available, or that use of the means chosen would result in (1) a fundamental alteration in the nature of its service, program, or activity, or (2) an undue financial or administrative burden.

When the preferred type of auxiliary aid or service is not available or will not be provided, SOAH's designated ADA Coordinator or designee may consult with the requesting individual to ascertain whether an alternative means of communication will ensure effective communication. The ADA Coordinator may ask the requesting individual for additional relevant information where additional relevant information would be helpful in responding to the request for accommodations.

Upon receipt of a request for an accommodation, the ADA Coordinator will promptly confer with the requesting individual to ascertain the auxiliary aids or services that may be required. Communications under this procedure must only address the auxiliary aids and/or services requested by the individual, and must not address, in any manner, the subject matter or merits of the proceeding before SOAH. The ADA Coordinator may refer non-routine requests to the SOAH General Counsel or SOAH management for review, consideration, and response.

The ADA Coordinator will, as soon as reasonably possible, provide a response to the request for accommodation, and notify the requesting individual whether the requested accommodation(s) will be provided. This will be done in writing unless the short lead time of a request precludes a written notice. If the requesting individual is dissatisfied with the response to the request for accommodations, the individual may file a complaint using the complaint procedures described in this policy.

In providing reasonable accommodation, although SOAH gives primary consideration to the accommodation requested, the agency has exclusive authority to make decisions regarding accommodation requests. An alternative accommodation may be offered if equally effective. Reasonable efforts will be made to meet the needs of the requesting individual.

The ADA does not require SOAH to take any action that would fundamentally alter the nature of its programs, services, proceedings, or activities, or impose an undue financial or administrative burden.

SOAH cannot administratively grant, as an ADA accommodation, requests that impact administrative procedures within a specific case. Requests for an extension of time, a change of venue, or participation in hearings by telephone or videoconferencing, or modification of a judge’s orders must be submitted by written motion to the presiding judge as part of the case. Additionally, SOAH cannot exceed the law in granting a request for an accommodation. For example, SOAH cannot extend a statutory deadline or waive other requirements of applicable procedure or law based on a person’s request for an accommodation.

Although providing accommodations may result in some additional cost, the State Office of Administrative Hearings may not place a surcharge only on particular individuals with disabilities to cover expenses. For example, there can be no extra charge to a deaf person for interpreter services, or to groups of people with disabilities.

This complaint procedure is established by SOAH to meet the requirements of the ADA. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by SOAH. This complaint procedure does not in any way limit other legal remedies that may be available. SOAH's Employee Handbook and Policy on Reasonable Accommodations for Employees & Applicants with Disabilities govern employment-related complaints of disability discrimination.

The complaint must 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. The complaint must be submitted within twenty (20) calendar days from the alleged discrimination to SOAH's ADA Coordinator.

Alternative means of filing complaints, such as personal interviews or an audio recording of the complaint will be made available for persons with disabilities upon request.

SOAH's ADA Coordinator may be reached by United States Postal Mail, telephone, or email at:

Mail:    ADA Coordinator - Title II
            State Office of Administrative Hearings
            P.O. Box 13025
            Austin, Texas 78711-3025

Telephone: 512.475.4993 or the use the relay option of your choice.
Email: SOAH.ADA@soah.texas.gov

All complaints must be addressed through the ADA Coordinator, who will investigate it or forward it to an individual designated to investigate ADA complaints. Within ten (10) calendar days of receiving the complaint, SOAH's ADA Coordinator will send a letter to the complainant acknowledging receipt of the complaint. Complaints will be investigated promptly, unless the complainant is notified otherwise. In some case, the investigation will include interviews with other individuals, including those named in the complaint, and an examination of relevant document and files.

Within forty-five (45) calendar days of receipt of a complaint by SOAH's ADA Coordinator, the Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the complainant. The response will explain the position of SOAH and offer options for substantive resolution of the complaint.

If the response by SOAH's ADA Coordinator does not satisfactorily resolve the issue, the complainant may appeal the decision within thirty (30) calendar days after receipt of the response to the Chief Administrative Law Judge or designee. The appeal must be in writing and must be submitted to SOAH's ADA Coordinator at the contact information set forth above. The appeal letter must set out the reasons why the complainant disagrees with the determination and the remedy that the complainant believes is appropriate.

Within thirty (30) calendar days after receipt of the appeal, the Chief Administrative Law Judge or designee will make a final determination based upon a review of the information presented in the complaint and appeal. A copy of the final determination will be sent to the complainant in writing, and, where appropriate, in a format accessible to the complainant. The final determination may confirm the earlier determination, modify the earlier determination, modify the remedy, or reverse the earlier determination. SOAH's ADA Coordinator has the responsibility for implementing the final determination.

All written complaints received by SOAH and the resolutions or final determinations made by SOAH will be retained by the agency for at least three (3) years.

The resolution of complaints through this complaint procedure will try to comply with the time frames stated in the complaint procedure. However, strict compliance is not always possible due to, for example, the absence of witnesses, the need for additional information from the complainant, or the need to complete an unusually complex investigation. Whenever possible, the complainant will be notified of any delays.

SOAH will not discriminate against any individual because that individual has opposed any act or practice made unlawful by Title II of the ADA or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title II of the ADA. SOAH will not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by Title II of the ADA.

An individual may file a claim of discriminatory treatment based upon disability in the services, programs or activities of SOAH with an outside agency even when a complaint is pending using SOAH's complaint procedure. Time limits for filing disability discrimination claims with outside agencies may be different than the time limits for filing a complaint with SOAH. Be sure to check with the outside agency for its filing deadlines.

SOAH will develop, procure, maintain and use accessible electronic and information resources that conform to the state accessibility standards and specifications. See Tex. Gov’t Code § 2054.454; 1 Tex. Admin. Code Chapters 206 and 213.