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This bill would pertain to situations when a person, firm,
association, corporation, or any other public or private organization allegedly
deprives a person of their civil liberties due to their failure to comply with
standards meant to accommodate individuals with disabilities. If this bill
passes, a claimant would be required to provide a written notification to the respondent
no later than the 60th day before they file an action in a civil court. This
bill contains the specific requirements for the written notice, including
reasonable detail of each alleged violation or failure to comply with standards.
The individual who is being accused of being out of compliance would have a right to correct the problems outlined in the notification. If they do fix the issue for which the claim was filed, the respondent must send a notification back to the claimant describing each correction. If the respondent concludes that the allegations have not occurred the respondent would provide the explanation for their conclusion. Finally, if the claimant establishes by a preponderance of evidence that the respondent has not corrected one or more of the alleged violations, they may file a civil suit.
If the action is filed the respondent may file a plea of abatement and request an evidentiary hearing on the plea. The court would be required to abate the action for a period of no more than 60 days after the date of the hearing if they determine by a preponderance of the evidence that the respondent initiated actions to correct the alleged violation, or if the respondent could not complete the correction within that time, or if the corrections will be completed by the end of the abatement period.