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500 So. Suite 201 Salt Lake City, Utah 84111 Dear Ms. Chambless:
OCT 15 1993
This letter is in response to an inquiry from your office about whether, under the Americans with Disabilities Act of 1990 (the "ADA"), the Department of Justice certifies or endorses particular individuals as ADA consultants. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice, and it is not binding on the Department of Justice. Your letter indicates that certain individuals or businesses in Utah are claiming that the United States Department of Justice has provided them with an "ADA Consultant Certification" or some similar endorsement. The Department of Justice has not done so. The Department of Justice does not certify or endorse any individual or organization as ADA consultants, and does not approve or endorse any products or designs as being in compliance with the ADA. Any individual or business claiming to have such a certification or endorsement may be violating various state and federal laws prohibiting fraud and misrepresentation. Some confusion may arise because, through its technical assistance program, the Department has provided funding to organizations that conduct ADA training. Individuals completing such training may receive certificates indicating they have done so. However, this is not an endorsement by the Department that such individuals are certified or approved ADA consultants. cc: Records, Chrono, Wodatch, Magagna, Contois, FOIA, NAF Udd:Contois:PL:Chamblss
I hope this information is useful to you. Sincerely,
Joan A. Magagna Deputy Chief Public Access Section
01-02637UTAH GOVERNOR'S Jan Ferre Jeanette Drews Linda Lee COUNCIL FOR Chair Paul Evans Blaine Petersen PEOPLE WITH Kristine Fawson Marvin Fifield Phil Shumway DISABILITIES Vice-Chair Joan Gallegos Charles Stewart Pat Allen Phyllis Geldzahler Kathy Weiland Pete Alvey Glen Gleaves Fred White Robin Arnold-Williams Floyd Holm Ed Woods Melvin Brown Mary Ann Howes Ric Zaharia Diana Clark Robert Irons Ann Clyde Helen Jeppsen 350E 500 So. Suite 201 Salt Lake City, Utah 84111 Telephone 801-533-4128 (v/tdd) Fax No: 533-5305 Catherine E. Chambless-Executive Director Tamara Wharton - ADA Ombudsman Secretary Barbara Rex - Grants Manager Teresa Hite - Admin.
September 20, 1993 Mr. John Wodatch, Director Office on the Americans with Disabilities Act,
Civil Rights Division US Dept. of Justice Washington, D.C. 20530 Dear Mr. Wodatch: Several concerned citizens have contacted our office regarding the validity of an apparent 'ADA Consultant Certification' provided by the U.S. Dept. of Justice. It is our understanding that DOJ neither certifies nor endorses such individuals or businesses. If such certification or endorsement does exist, it would be helpful for other interested parties to be informed of the appropriate procedures to follow to secure same. Otherwise, we would appreciate a written response to this concern before September 30, 1993. It is our goal to provide timely and accurate information for our citizens. Your clarification of this matter is greatly appreciated. Thank you in advance for your assistance. Sincerely, Tamara Wharton ADA Ombudsman
The Utah Council is a planning and advisory body mandated by federal and state legislation and appointed by executive order of the Governor. 01-02638ACCESSABILITY IS. . . o A national consulting firm specializing in disability-related issues. o An established authority on the Americans with Disabilities Act (ADA), delivering dramatic savings and decreased liability to its Clients.
o Skilled in the evaluation of existing structures and architectural plans for compliance with the ADA o A resourceful company that examines ADA requirements from both disabled and non-disabled view points, delivering common-sense, low-cost solutions. WHAT CLIENTS SAY. . . "ACCESSABILITY was not only very knowledgeable and efficient in performing ADA audits at our various divisions, they made some excellent suggestions on ways we could meet some of the ADA requirements without incurring a lot of expense." Talmadge Ball Vice President, Engineering Bonneville International Corporation "After hearing ACCESSABILITY'S presentation at the CEO Roundtable, it was immediately apparent that Rick Rambo knew what he was talking about. We contracted for services, and promptly received accurate information, helpful analysis, and follow-up assistance which fully met our expectations." -Richard Fetzer Fetzer's Inc. "ACCESSABILITY provides an appropriate mechanism for ADA implementation which will significantly reduce the risk and liability when demonstrating good faith effort compliance." -The United States Department of Justice ACCESSABILITY CAN. . .
. Plan appropriate access to buildings, restrooms, work spaces, etc. for the disabled. . Access the practicality of change to buildings and structures, complete with cost estimates. . Provide education and training in order to increase sensitivity and awareness toward disability concern. . Deliver interpreter services to the deaf at public hearings and business meetings. 01-02640