Request Reasonable Accommodation for OAH Legal Proceedings

Any person with a disability that restricts their ability to participate in a legal proceeding before the Office of Administrative Hearings (OAH) may request a reasonable accommodation by contacting their local office in a General Jurisdiction case, or the assigned calendar clerk in a Special Education case.

The Americans with Disabilities Act (42 U.S.C. § 12101, et seq.), commonly known as the ADA, is a federal civil rights statute that requires state governmental entities, such as the Office of Administrative Hearings, to accommodate the needs of qualified individuals who have an interest in our activities, programs and services.

Steps for requesting a reasonable accommodation

The request should include a statement of the impairment, a description of the accommodation sought, and an explanation of why the accommodation is needed.  This request can be submitted using the Request for Accommodation by a Person with Disabilities form (OAH 31).
 
OAH may request additional information about the qualifying impairment in order to determine the most appropriate accommodation under the circumstances.
 
Accessibility requests should be made as far in advance as possible in order to give OAH time to review and process your request.  OAH cannot provide legal assistance or advice.
 
The Office of Administrative Hearings is dedicated to ensuring that all qualified individuals with disabilities have equal access to our legal proceedings.  The questions below are designed to provide the public with information about accessibility at OAH and are not intended as legal advice. For more information about accessibility, please contact the

OAH ADA Coordinator.

Forms 

  • Request for Accommodation by a Person with Disabilities form (OAH 31)

    NOTE: As with all blank forms, please down load the blank form and save it to your desktop before filling in the form.

Reasonable and Appropriate Accommodations FAQ's

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A qualified individual with a disability is a person covered by the ADA or the Unruh Civil Rights Act. A qualified individual has a physical or mental impairment that limits one or more major bodily functions or major life activities, has a record of such an impairment, or is regarded as having such an impairment. Examples of major life activities are caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Examples of disabilities include mobility or other motor impairments, psychological and mental illness, visual impairments, and deafness and hearing loss. Temporary disabilities may also qualify. 

Individuals with qualifying disabilities may receive reasonable accommodations to provide them with equal access to OAH proceedings.

Any attorney, party, witness, or other person with an interest in attending any proceeding before OAH may make a request for accommodation. 

You may request an accommodation in writing or orally. Requests may be submitted to the local office assigned to your General Jurisdiction case, or the clerk  assigned to your Special Education case by contacting OAH's Sacramento Office.

The request should include a statement of the impairment, a description of the accommodation sought, and an explanation of why the accommodation is needed. OAH's has an optional form available for use.  An individual may complete the Request for Accommodation (OAH 31) by a Person with Disabilities and submit it to OAH.

OAH may request additional information about the qualifying impairment in order to determine the most appropriate accommodation under the circumstances.

Your request will be handled by the OAH office handling your case or the OAH ADA coordinator. You will be notified if additional information about your impairment is needed in order to determine what type of accommodation should be provided. You will be promptly notified as to whether your request is granted or denied, or whether an alternative accommodation may be provided to you.  
Requests regarding accessibility should be made as far in advance as possible before the date of the proceedings, so that OAH has adequate time to arrange for the accommodation. 
The type of accommodation will depend on the requestor’s impairment. Accommodations may include making reasonable modifications in practices, or providing auxiliary aids and services, equipment, devices, or materials. 

OAH cannot provide an accommodation that would fundamentally alter the nature of OAH’s services, activities, or programs or cause an undue financial or administrative burden. OAH is also prohibited from exceeding the law in granting a request for an accommodation. For instance, OAH cannot extend the statute of limitations for hearing a case. OAH is restricted from providing legal counsel, personal equipment or services, and transportation as accommodations. 
Yes. OAH may offer a different, or alternative, accommodation than what was requested. OAH is required to find an accommodation that will enable full participation in the legal proceedings, which means that the accommodation provided may not be your first choice. 

Yes. Requests for accommodation can be denied if:

  1. the requester has failed to establish that they are a qualified individual with disabilities as covered under applicable law; or
  2. providing the accommodation would cause an excessive financial burden; or
  3. providing the accommodation would fundamentally alter the nature of services being provided.

Contact

OAH ADA Coordinator

Office of Administrative Hearings

2349 Gateway Oaks Drive
Suite 200
Sacramento, CA 95833

Phone: (916) 263-0550

Submit Request by Email or upload your request via the OAH Secure e-File Transfer system at: https://www.applications.dgs.ca.gov/oah/oahsftweb

Confidential Fax: (916) 263-0545

Alternative Format or Language Request

All forms and publications on this website are available in alternative formats or languages. If you would like a copy of a form or publication in an alternative format or language, please contact us at DGSOAHFeedback@dgs.ca.gov.
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