Claudia J. Rohr v. Hawaii Crime Victims Compensation Commission

This action is brought by Petitioner Claudia Rohr, as sole beneficiary and legal representative of Scott Andrews' estate against Respondent Crime Victims Compensation Commission of the State of Hawai'i for discrimination on the basis of disability in program and services in violation of Title II of the Americans with Disabilities Act, as amended by the ADA Amendments Act of 2008,1 (“ADAAA’) and the Title II implementing regulations, 28 C.F.R. Part 35. Following a hearing de novo, respondent’s threemember Board of Commissioners took action on petitioner’s deceased husband’s applications for program benefits behind closed doors. The questions presented are: (1) Under federal law, 28 U.S.C. § 1658(a), did the four-year statute of limitations accrue upon service of Commission Decision and Orders that were reviewed and approved by only one member of the board and not by the concurring vote of the two members necessary to take action under respondent’s own law—Haw. Rev. Stat. § 351-13? Or, did the four-year statute of limitations accrue upon first communication of the concurring vote of all three members that occurred by delivery of the minutes of the hearing de novo on April 20, 2012? Public Law 110-325, codified as 42 U.S.C. §§ 12131-12134.