78B-8-702. Notice of a violation.
(1) Rather than file a civil action for an alleged violation of the Americans with Disabilities Act, a prospective plaintiff may notify the prospective defendant of the alleged violation.
(2) A prospective defendant that receives notice of an alleged violation under Subsection (1) shall have a reasonable amount of time to remedy the alleged violation.
(3) If a prospective defendant receives notice of an alleged violation in accordance with Subsection (1) and fails to remedy the alleged violation within a reasonable amount of time, a prospective plaintiff may provide the prospective defendant with written notice of the alleged violation.
(4) A written notice under Subsection (3) shall include:
(a) the name and contact information of the prospective plaintiff, and if applicable, the prospective plaintiff's attorney;
(b) detailed information about the alleged violation of the Americans with Disabilities Act, including:
(i) a description of the alleged violation;
(ii) the date on which the alleged violation occurred or was encountered; and
(iii) the location of the alleged violation at the place of public accommodation;
(c) a statement that the prospective defendant has 90 days after the day on which the prospective defendant receives written notice to remedy the alleged violation;
(d) if possible, the name and contact information of an organization that can provide the prospective defendant with an inspection, reasonably priced or free of charge, to determine whether the public accommodation is in compliance with the Americans with Disabilities Act;
(e) a statement that the prospective defendant has 14 days after the day on which the prospective defendant receives the written notice to respond and indicate whether the prospective defendant will remedy the alleged violation;
(f) the amount of reasonable attorney fees and costs that the prospective defendant owes the prospective plaintiff under Subsection (7); and
(g) an unsworn declaration stating that the prospective plaintiff provided the prospective defendant with the notice described in Subsection (1).
(5) If a prospective plaintiff sends a written notice under Subsection (3), the prospective defendant shall be given 90 days after the day on which the prospective defendant receives the written notice to remedy any alleged violation in the written notice.
(6)
(a) Except as provided in Subsection (6)(b), if a prospective plaintiff sends a written notice under Subsection (3), the prospective defendant shall obtain an inspection of the public accommodation to determine whether the place of public accommodation is in compliance with the Americans with Disabilities Act.
(b) If the prospective defendant is unable to obtain an inspection under Subsection (6)(a) for a reasonable price or free of charge, the prospective defendant is not required to obtain the inspection under this section.
(c) If the prospective defendant obtains an inspection, the prospective defendant is required to provide the prospective plaintiff with proof of an inspection but is not required to provide the prospective plaintiff with the results of that inspection.
(7) A prospective plaintiff may demand no more than the cost of one hour of reasonable attorney fees from the prospective defendant in the written notice described in Subsection (4).
(8) An unsworn declaration under this section shall conform to the requirements of Chapter 18a, Uniform Unsworn Declarations Act.
Enacted by Chapter 133, 2020 General Session
