How to Ask for a Reasonable Accommodation of Your Disability from the Office of Administrative Hearings

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1 How to Ask for a Reasonable Accommodation of Your Disability from the Office of Administrative Hearings What is a reasonable The Office of Administrative Hearings (OAH) must make sure its services and its hearings are fully available to all persons with disabilities. This may mean OAH needs to make a change in the way it handles a hearing or communicates with you to make sure you have the same chance to take part in the hearings as a person without disabilities. If you need extra help from OAH to take part fully in OAH proceedings, you may ask OAH to change its rules or policies or give you help to meet the needs your disability creates. This is called requesting a reasonable accommodation of a disability. You may use the form below to ask for an accommodation. See the section below What are some examples of accommodations? for specific examples you can ask for. Under the laws of Washington State (Washington Law against Discrimination (RCW 49.60)) and the Americans with Disabilities Act (42 U.S.C ), OAH must approve a request for an accommodation that is reasonable and necessary to meet your disability-created needs. An agency has discriminated against someone with a disability when it refuses to reasonably accommodate the person s disability. A reasonable accommodation is an accommodation that will not be so expensive that OAH cannot afford to grant it, or will take too much time or effort for them to provide OR will not drastically change how OAH conducts its hearings/proceedings Can OAH ever deny my reasonable accommodation request? Only if what you asked for is unreasonable and unnecessary. This means: 1. You do not need what you asked for. Your requested accommodation is not connected to your disability. (Example: You ask OAH to schedule your hearing for the late afternoon. Your disability is vision impairment. A preference to have your hearing later in the day has nothing to do with your vision) OR 2. What you have asked OAH to do will cost too much. OAH cannot afford to do it OR 3. It will take so much time or effort for OAH to do/give you that it becomes too much of a burden for them OR 1

2 4. Your request will drastically change how OAH does hearings/proceedings If OAH does not agree to a request for accommodation, OAH must show the accommodation is unreasonable. You must show that you have a disability AND the accommodation you asked for is connected to your disability. Example: Julia asks to bring a guide dog to a hearing. She must show she has a vision impairment and needs a guide dog to help her. What are some examples of accommodations? Here are some examples of accommodations. They are not the only things you may ask for: having an American Sign Language (ASL) interpreter or real-time transcription services if you are deaf or have a hearing impairment getting paperwork in large print or in Braille if you are blind or have vision problems having someone (a qualified reader) read paperwork for you or providing audio recordings if you cannot read holding your hearing in a wheelchair-accessible room if you have a mobility impairment having a hearing by phone instead of in-person if you have agoraphobia taking breaks during the hearing (example: you need to move a lot due to back pain or can only concentrate for short periods) having a hearing in the afternoon if having it in the morning interferes with your medication schedule appointing a lawyer for you if you cannot represent yourself in an OAH hearing due to a mental disability, such as a developmental disability, traumatic brain injury or mental illness. Example: your disability causes you to not understand what you read, follow instructions, concentrate or communicate clearly. How do I ask for an You should make your request for an accommodation in writing. If that is not possible, you can make your request verbally. You may use the form below to make your request. If you make your request in writing: Return the completed form to the proper OAH office. Include copies of any documents you want OAH to consider, such as medical records or statements from your doctor(s), counselor(s), or others in support of your need for accommodation. Be specific about what you need OAH to provide you to make it possible for you to take part fully in the proceedings. You do not have to tell them your specific medical diagnosis or your specific disability. OAH may not ask you to tell them your specific medical diagnosis (for example, Schizophrenia, Autism or illiteracy). OAH, however, may ask you to verify you have a disability and need the accommodation you have asked for. 2

3 Example: You can give OAH a statement by your treating doctor that you are disabled and you need the accommodation you asked for to be able to take part fully in a hearing. You do not need to have a diagnosis of a specific medical condition to be disabled under the law. When requesting a reasonable accommodation, give as much notice beforehand as you can of your need for accommodation. OAH may need time to get ready to meet your needs. What if OAH denies my request for Under OAH s policy, OAH will tell you its decision to grant or deny your accommodation request. If you believe they wrongfully denied your request, contact OAH s Americans with Disabilities Act Coordinator: Office of Administrative Hearings Attn: Americans with Disabilities Act Coordinator PO Box Olympia, WA (360) You may also contact the Washington State Human Rights Commission to file a discrimination complaint: Washington State Human Rights Commission Olympia Headquarters Office 711 S. Capitol Way, Suite 402 Olympia, WA Toll free: Where can I get legal help? Call Northwest Justice Project s intake phone line, CLEAR at (888) between 9:10 a.m. and 12:25 p.m. any weekday. Northwest Justice Project provides free legal services in non-criminal matters for low-income persons and families in Washington. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of January Northwest Justice Project (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial purposes only.) 3

4 REASONABLE ACCOMMODATION OF DISABILITY REQUEST FORM Fill this form out as best you can. Return it to the OAH office listed in your notice of hearing. Case Name/DSHS Number: Name of Person Needing Accommodation: Home Address: Phone Number: I am taking part in the proceeding/activity as (check all that apply): Appellant Witness Observer Other I need an accommodation for (check all that apply): All Proceedings Pre-Hearing Conference Hearing Accessing Documents (examples: Exhibits, Notices) Testimony Recordings Communications: All Written Only Verbal Only Other: State the date/s you will need the accommodation(s). Examples: List the hearing date OR write in that you need the accommodation for all times you will need to go to OAH, talk with OAH employees, or give or get paperwork. OAH may want to verify that you are disabled and need the accommodation you are asking for. List the name(s) and contact information for the appropriate medical provider(s) or other person who can verify you have a disability that makes the requested accommodation necessary. You may attach a statement from your doctor or other medical provider to this form. Describe what accommodation (how can OAH help you) you need. Examples: giving you an ASL interpreter for the hearing; having a hearing time changed or being allowed to take breaks during a hearing; giving you a lawyer to help you in the proceeding Request for Reasonable Accommodation Form Page 1

5 Explain why you believe you need this accommodation. List any other information you believe will help OAH give you what you ask for. I want OAH to tell me its decision about my accommodation request by (choose one): Mail Phone and Mail By signing below, I verify that I have a disability and need the above requested accommodation. I agree to provide documents verifying my disability if the ALJ or OAH staff requires it. Date: (Print Name) (Signature) This form is provided in accordance with Title II of the Americans with Disabilities Act of 1990 (42 U.S.C ), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701), and the Washington Law against Discrimination (RCW 49.60). Request for Reasonable Accommodation Form Page 2