4 Ill. Adm. Code | Title 4 Ill. Adm. Code — Discrimination Procedures

Chapter I Secretary of State

Part 100 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 100.10 Purpose

a) This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (ADA) (42 USC 12101 et seq.) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of the Secretary of State, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Office of the Secretary of State to foster open communication with all individuals requesting readily accessible programs, services and activities. The Secretary of State encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 100.20 Definitions

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office of the Secretary of State under this procedure.

"Designated Coordinator" is the person(s) appointed by the Illinois Secretary of State who is/are responsible for the coordination of efforts of the Office of the Secretary of State to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator can be contacted at 196 Centennial Building, Springfield IL 62756. (See 28 CFR 35.107.)

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office of the Secretary of State, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Office of the Secretary of State or has been subject to discrimination by the Office of the Secretary of State.

"Grievance Form" is prescribed for the purpose of filing a grievance under this Section and includes information such as name, address, phone number, nature of the grievance with specificity including date of incident, time, place and witnesses if applicable.

4 Ill. Adm. Code 100.30 Procedure

a) Grievances must be submitted in accordance with procedures established in 100.40 and 100.50 of this Part defined below in the form and manner as described within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer at the Designated Coordinator Level and/or the Final Level.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Office of the Secretary of State given in the grievance procedure.

c) The Office of the Secretary of State shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 100.40 Designated Coordinator Level

a) If an individual desires to file a grievance, the individual shall promptly, but no later than one-hundred eighty (180) days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form prescribed for that purpose. The Grievance Form must be completed in full in order to receive consideration by the Designated Coordinator.

b) Upon request, assistance in completing the Grievance Form shall be provided by the Office of the Secretary of State.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Secretary within fifteen (15) days after receipt of the Grievance Form.

4 Ill. Adm. Code 100.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Secretary for final review. The complainant shall submit these documents to the Secretary, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) Within fifteen (15) days, the Secretary shall appoint a three- member panel to review the grievance at the Final Level. One member so appointed shall be the designated chairperson. The panel shall schedule a review of the grievance which shall commence no later than fifteen (15) days after the last member of the panel is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have the right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two (2) of the panel members, but not later than fifteen (15) days after the review in Section 100.50(b) above, the panel shall make recommendations in writing to the Secretary as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Secretary in writing and shall sign such recommendation.

e) Within ten (10) days after receipt of recommendation(s) from a panel, the Secretary, or designee, shall approve, disapprove or modify the panel recommendations; shall render a decision thereon in writing; shall state the basis therefor; and shall cause a copy of the decision to be served on the parties. The Secretary's decision shall be final. If the Secretary disapproves or modifies the panel recommendations, the Secretary may include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for disatisfaction, the recommendations of the panel and the decision of the Secretary shall be maintained in accordance with the State Records Act (Ill. Rev. Stat 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 100.60 Accessibility

The Office of the Secretary of State shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 100.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which includes but are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office of the Secretary of State. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter II Attorney General

Part 125 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 125.10 Purpose

a) This Part establishes the grievance procedure required by 56 Fed. Reg. 35,718 (1991) (to be codified at 28 CFR 35.107) pursuant to Title II of the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C.A. 12131 et seq. (Supp. 1991)) for the purpose of resolving grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the designated coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of the Attorney General (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Office to foster open communication with all individuals requesting readily accessible programs, services and activities. The Office encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 125.20 Definitions

a) A "grievance" is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and
believes he or she has been excluded from participation in, or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office, on the basis of his or her disability.

b) A "complainant" is an individual with a disability who files a grievance on the form set out in Appendix A of this Part.

c) The "designated coordinator" is the person(s) appointed by the Attorney General who is/are responsible for the coordination of efforts of the Office to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants. The ADA Coordinator can be contacted at the Office of the Attorney General, State of Illinois Center, 100 West Randolph, Chicago IL 60601, (312) 814-7123 (voice) (312) 814-3374 (TDD).

4 Ill. Adm. Code 125.30 Grievances

a) The Office will endeavor to respond to and resolve grievances without the need to resort to the formal grievance procedure established by this Part. A person who wishes to avail himself or herself of the formal procedure, however, may do so only by filing a grievance within 180 calendar days of the alleged discrimination in the form and manner prescribed in Section 125.40.

b) The Office shall provide a copy of the grievance procedure and the required complaint form to anyone who requests it or expresses a desire to file a formal grievance.

4 Ill. Adm. Code 125.40 Manner of Filing

a) The filing of a grievance is accomplished by the complainant's submission of a grievance in writing to the designated coordinator on the prescribed form. (See Appendix A.)

b) In order to be deemed filed and to receive proper consideration by the designated coordinator, the grievance form must be completed in full except as otherwise indicated on the form. The designated coordinator will notify the complainant within ten business days after the receipt of the form if the filing is not complete. The Office will assist with completion of the grievance form upon request.

4 Ill. Adm. Code 125.50 Initial Response

The designated coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The designated coordinator shall provide a written response to the complainant and the Attorney General within ten (10) business days after receipt of the grievance form.

4 Ill. Adm. Code 125.60 Review

a) If the grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and designated coordinator's response to the Attorney General for final review. The complainant shall submit these documents to the Attorney General, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's written response, within five (5) business days after complainant's receipt of the designated coordinator's response. The Attorney General will extend the period for submitting the review request and supporting documents for up to ten (10) additional days upon complainant's request.

b) The Attorney General shall appoint a three (3) member panel to review the grievance. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) The panel shall make recommendations in writing to the Attorney General as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may also make a signed, written recommendation to the Attorney General.

e) Upon receipt of recommendations from a panel, the Attorney General shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Attorney General's decision shall be final. If the Attorney General disapproves or modifies the panel's recommendations, the Attorney General shall include written reasons for such disapproval or modification.

f) A complainant's failure to appeal the designated coordinator's response for review by the Attorney General within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the coordinator.

4 Ill. Adm. Code 125.70 Accessibility

The Office shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 125.80 Case-by-Case Resolution

Each grievance involves a unique set of factors which includes but is not limited to: the specific nature of the disability; the essential eligibility requirements for, the benefits to be derived from, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 125.APPENDIX A Grievance Form

Grievance

Discrimination Based on Disability

It is the policy of the Office of the Attorney General to provide assistance in filling out this form. If assistance is needed, please ask:

ADA Coordinator − Office of the Attorney General

State of Illinois Center, 100 West Randolph

Chicago, Illinois 60601

(312) 814-7123 (Voice) (312) 814-3374 (TDD)

Name: _______________________________________________________________________

Address:______________________________________________________________________

City, State and Zip Code:_________________________________________________________

Telephone No._______________

Program, Service, or Activity to which Access was Denied or in which Alleged Discrimination occurred:_________________________

Date of Alleged Discrimination: ________________________

Nature of Alleged

Discrimination:_________________________________________________________________

(Attach additional sheets, if necessary. If the grievance is based on a denial of requested reasonable modification, please fill out the back of this form.)

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

Signature

Date

Please give to the ADA Coordinator at the address listed above.

For Office Use Only

Date Received: ___________________ By: ______________________________

(BACK OF FORM)

Please fill out this part of the form if this grievance is based upon the denial of a requested reasonable modification. A reasonable modification will be made to make programs, services and activities accessible. Reasonable modifications could include such things as providing auxiliary aids and devices and changing some policies and requirements to allow an individual with a disability to participate. This portion of the form should be filled in to the extent you know the answers. The form may be submitted even if this portion is incomplete.

Reasonable modification requested:

The date the reasonable modification was requested:

The person to whom the request was made:

The reason for denial:

Estimated cost of modification (if an assistive device, such as a TDD or optical reader, or commodity or service to which a cost is readily known):

Why is the requested modification necessary to use or participate in the program, service or activity?

Alternative modifications which may provide accessibility:

Any other information you believe will aid in a fair resolution of this grievance.

Chapter III Illinois Criminal Justice Information Authority

Part 150 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 150.10 Purpose

a) The purpose of the Illinois Criminal Justice Information Authority's grievance procedure for discrimination complaints is to establish a formalized method whereby discrimination complaints by qualified individuals with disabilities can be detected at the beginning stages, investigated, and, hopefully, resolved.

b) To that end, the Illinois Criminal Justice Information Authority (Authority) shall respond to complaints of discrimination by qualified individuals with disabilities. The Authority's Equal Employment Opportunity (EEO) Officer shall be responsible for the investigation of complaints, documentation of facts, and presentation of findings, and for advising management regarding recommendations to resolve the dispute.

c) It is the intention of the Authority to foster open communication with all individuals requesting readily accessible programs, services and activities. The Authority requires that each program, service and activity offered, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities and encourages Authority supervisors of agency programs, services and activities to respond to requests for reasonable accommodations before they become discrimination complaints.

d) The use of this grievance procedure for discrimination complaints does not preclude the right of a member of the public to file a charge directly with the Illinois Department of Human Rights or the United States Equal Employment Opportunity Commission (EEOC). The filing of any complaint of alleged discrimination may not be used as a basis for future retaliation adversely affecting the rights of any member of the public.

4 Ill. Adm. Code 150.20 Procedures

a) General.

The Authority shall, upon being informed of an individual's desire to file a formal discrimination complaint, instruct the individual how to obtain a copy of this Procedure and a form prescribed by the Authority and shall, upon request, assist the individual in the completion of the form.
Discrimination complaints shall be made on the discrimination complaint form and shall be used to clearly record the date, nature, and other information pertinent to the complaint of alleged discrimination. The discrimination complaint form shall be submitted, in a timely manner, to:

Authority EEO Officer

Illinois Criminal Justice Information Authority

Suite 1016, 120 South Riverside Plaza

Chicago, Illinois 60606.

The discrimination complaint form must be completed in full to receive proper consideration by the Authority's EEO Officer.

b) Timeliness.

Unless there are extenuating circumstances, all complaints must be received by the Authority's EEO Officer in writing within 180 days after the date of the last incident of alleged discrimination. Time limits established in this procedure may be extend by mutual agreement in writing, signed by the complainant and the Executive Director of the Authority.

c) Screening.

When a completed discrimination complaint form is received in a timely fashion, the Authority's EEO Officer will proceed to investigate the alleged discrimination, with the result and recommendation of finding due within ten (10) working days. When applicable, the complainant's immediate supervisor will be contacted for relevant information. All concerned parties will be contacted and requested to avail themselves to a fact-finding conference.

d) Withdrawal of the Complaint.

The complaint, or part of the complaint allegation, may be withdrawn by the complainant during the investigation of the complaint upon receipt by the Authority's EEO Officer of a written request for withdrawal.

e) Dismissal of the Complaint.

If, after an analysis of the merits of the complaint by the Authority's EEO Officer, there is a lack of substantial evidence to believe that discrimination has occurred, the Authority's EEO Officer shall document the efforts to investigate the complaint and forward the documentation to the Executive Director for final review pursuant to Section 150.40.

4 Ill. Adm. Code 150.30 Investigation Findings

At the conclusion of the investigation, if there exits reasonable cause to believe that discrimination may have occurred, the Authority's EEO Officer shall submit a written notice to the complainant with the findings and recommendations to resolve the complaint. If the complaint cannot be statisfactorily resolved at this level within five (5) working days, the Authority's EEO Officer shall document the efforts made to resolve the complaint and shall provide a written explanation of the reasons why the complaint was not able to be resolved.

4 Ill. Adm. Code 150.40 Final Level

a) The investigation findings, conciliation efforts, and proposed settlement shall be forwarded by the EEO Officer to the Executive Director of the Authority (or in case the Executive Director is unavailable, to the Associate Director, as designated by the Executive Director) for final review, approval or other determination. The Executive Director (or Associate Director) may conduct interviews and seek relevant advice and information with respect to the complaint. The complainant shall be afforded an opportunity to appear before the Executive Director (or Associate Director) and shall have a right to appoint a representative to appear on the complainant's behalf.

b) The Executive Director (or Associate Director) shall provide in writing to the complainant and the Authority's EEO Officer the official position of the agency and the reasons for that position within five (5) working days after the receipt of the EEO Officer's written report. The Executive Director's (or Associate Director's) decision shall be the final decision of the Authority.

4 Ill. Adm. Code 150.50 Accessibility

All stages of this Procedure shall be readily accessible to and usable by individuals with disabilities consistent with federal and State laws and regulations.

4 Ill. Adm. Code 150.60 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability, the essential eligibility requirements, the benefits to be derived, the nature of the service, program or activity at issue, the health and safety of others, and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter IV Illinois Emergency Management Agency

Part 175 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 175.10 Purpose

a) This Part establishes an Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.), and specifically section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Any individual desiring to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, may do so by contacting the Designated Coordinator. This Part shall govern the Illinois Emergency Management Agency (Agency) proceedings of any such grievance under the ADA.

b) In general, the ADA requires that each program, service and activity offered by the Agency, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Agency to foster open communication with all individuals requesting ready access to programs, services and activities. The Agency encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Agency in accordance with this Part.

"Designated Coordinator" is the person appointed by the Agency Director to coordinate the Agency's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. You may contact the Designated Coordinator by calling (217)785-9900.

"Director" means the Director of the Illinois Emergency Management Agency.

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of the benefits of, a program, activity or service offered by the Agency, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Agency, or has been subject to discrimination by the Agency in violation of the ADA.

"Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Agency.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 175.40 and 175.50 of this Part, in the form and manner described, and within the specified time limits. Time limits established in this Part are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure.

c) The Agency shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.40 Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged exclusion, denial or discrimination, submit the grievance to the Designated Coordinator in writing on the grievance form prescribed by the Agency for that purpose.

b) Upon request by the complainant, the Agency shall provide assistance to the complainant in completing the grievance form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve the grievance. Within 10 business days after receipt of the grievance form, the Designated Coordinator shall provide a written response to the complainant and a copy to the Director.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may, within 5 days after receipt by the complainant of the Designated Coordinator's response, submit a copy of the grievance form and Designated Coordinator's written response to the Director of the Agency for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response.

b) The complainant shall be afforded an opportunity to appear before the Director or the Director's designee. The complainant shall have a right to appoint a representative to appear on behalf of the complainant. The Director or designee shall review the Designated Coordinator's written response and may conduct interviews and seek advice as the Director or designee deems appropriate.

c) If the Director appoints a designee for the procedure under subsection (b) of this Section, the designee shall present both his/her findings and the written response of the Designated Coordinator to the Director.

d) The Director shall approve, disapprove or modify the recommendations of the Designated Coordinator. Within 30 days after receiving the statement of dissatisfaction under subsection (a) of this Section, the Director shall render a decision thereon in writing, stating the basis for the decision and shall cause a copy of the decision to be served on the complainant and Designated Coordinator. If the Director disapproves or modifies the recommendations contained in the written response of the Designated Coordinator, the Director shall include in the written decision reasons for such disapproval or modification. The Director's decision shall be final.

e) The Agency shall maintain the grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the findings of the Director's designee, if any, and the Director's written decision in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.60 Accessibility

The Agency shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

4 Ill. Adm. Code 175.70 Case-by-Case Resolution

a) Each grievance involves a unique set of factors that includes, but is not limited to:

the specific nature of the disability;
the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue;
the health and safety of others; and
whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Agency.

b) Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

History

Source: Amended at 33 Ill. Reg. 4291, effective March 9, 2009

Chapter V Office of the State Fire Marshal

Part 200 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 200.1 Purposes

a) This Americans with Disabilities Act (ADA) Grievance Procedure ("Procedure") is established.

b) In general, the ADA requires that each program, service and activity offered by the Office of the State Fire Marshal (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 200.2 Definitions

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office under this procedure.

"Designated Coordinator" is the person(s) appointed by the State Fire Marshal who is/are responsible for the coordination of efforts of the Office to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at the Office of the State Fire Marshal, 1035 Stevenson Drive, Springfield, Illinois 62703 (217)785-0969. See 28 CFR 25.107.

"Grievance" is any complaint under the ADA by an individual with a disability who: meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Office or has been subject to discrimination by the Office.

"Office" means Office of the State Fire Marshal.

4 Ill. Adm. Code 200.20 Procedure

a) Grievances must be submitted through the channels defined below in the form and manner as described within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Office's last response.

c) The Office shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 200.30 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Office to complete the Grievance Form.

c) The Designated Coordinator, and his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordiantor shall provide a written response to the complainant and State Fire Marshal within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 200.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the State Fire Marshal for final review. The complainant shall submit these documents to the State Fire Marshal, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The State Fire Marshal shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman by the State Fire Marshal.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representation to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the State Fire Marshal as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the State Fire Marshal in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panal, the State Fire Marshal shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The State Fire Marshal's decision shall be final. If the State Fire Marshal disapproves or modifies the Panel recommendations, the State Fire Marshal shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the State Fire Marshal shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 200.60 Accessibility

The Office shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 200.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter VI Industrial Commission

Part 225 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 225.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Industrial Commission (Commission), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 225.20 Definitions

a) Complainant

Complainant is an individual with a disability who files a grievance form provided by the Commission under this procedure.

b) Designated Coordinator

The Designated Coordinator is the person(s) appointed by the Chairman of the Commission who is responsible for the coordination of efforts of the Commission to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 100 W. Randolph St., Suite 8-200, Chicago, Illinois 60601.

c) Grievance

A Grievance is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Commission, and
believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Commission or has been subject to discrimination by the Commission.

4 Ill. Adm. Code 225.30 Procedure

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Commission's response.

c) The Commission shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 225.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Commission to complete the grievance form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Chairman within ten (10) business days after receipt of the grievance form.

4 Ill. Adm. Code 225.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and Designated Coordinator's response to the Chairman of the Commission for final review. The complainant shall submit these documents to the Chairman, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Chairman of the Commission shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Chairman of the Commission as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Chairman of the Commission in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Chairman of the Commission shall approve, disapprove or modify the panel's recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Chairman's decision shall be final. If the Chairman disapproves or modifies the panel's recommendations, the Chairman shall include written reasons for such disapproval or modification.

f) The grievance form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Chairman of the Commission shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 225.60 Accessibility

The Commission shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 225.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 250.10 Purpose

a) This Americans With Disabilities Act Grievance Procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) and specifically Section 35.107 of the Title II regulations (28 CFR 35) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the Act or its regulations to understand the rights, privileges and remedies afforded by it, they should contact the ADA Coordinator of the Department of Insurance.

b) In general, the Act requires that each program, service and activity offered by the Department, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the Department's intention to foster open communication with all individuals requesting readily accessible programs, services and activities. The Department encourages supervisors of programs, services and activities to respond to requests for reasonable accommodations before they become grievances.

History

Source: Amended at 39 Ill. Reg. 5618, effective March 30, 2015

4 Ill. Adm. Code 250.20 Definitions

"Act" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"ADA Coordinator" means the person appointed by the Director who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the Act, including investigation of grievances filed by complainants.

"Complainant" means an individual with a disability who files a grievance with the Department pursuant to the provisions of this Part.

"Department" means the Illinois Department of Insurance.

"Director" means the Director of the Illinois Department of Insurance of the State of Illinois or anyone to whom the Director's responsibilities and authority are lawfully delegated.

"Grievance means any complaint under the Act by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Department, or has been subject to discrimination by the Department.

"Grievance Form" means a Department created form (attached as Exhibit A) that, when completed by a complainant, includes, but is not limited to, the name, address and telephone number of the complainant; date of incidence; a short factual statement of the grievance; and the relief requested, if applicable.

"Procedure" means the Americans With Disabilities Act Grievance Procedure set forth in this Part.

History

Source: Amended at 39 Ill. Reg. 5618, effective March 30, 2015

4 Ill. Adm. Code 250.30 Procedure

a) Grievances must be submitted in accordance with and follow the procedures set forth in Section 250.40 and Section 250.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the ADA Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

c) The Department shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and provide a Grievance Form.

History

Source: Amended at 36 Ill. Reg. 860, effective January 3, 2012

4 Ill. Adm. Code 250.40 ADA Coordinator Level

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The ADA Coordinator, or his or her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the complainant and the Director within 15 business days after receipt of the Grievance Form.

History

Source: Amended at 36 Ill. Reg. 860, effective January 3, 2012

4 Ill. Adm. Code 250.50 Final Level

a) If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason for dissatisfaction with the ADA Coordinator's written response, within 15 business days after receipt by the complainant of the ADA Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. The complainant shall have a right to appoint a representative to appear on his or her behalf. The panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for the recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign the recommendation.

e) Upon receipt of recommendations from the panel, the Director shall approve, disapprove or modify the panel recommendations, shall render a decision in writing, shall state the basis for the decision, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director shall include written reasons for disapproval or modification.

f) The Grievance Form, the ADA Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

History

Source: Amended at 36 Ill. Reg. 860, effective January 3, 2012

4 Ill. Adm. Code 250.60 Accessibility

The Department shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

History

Source: Amended at 36 Ill. Reg. 860, effective January 3, 2012

4 Ill. Adm. Code 250.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

History

Source: Amended at 36 Ill. Reg. 860, effective January 3, 2012

Chapter VII Department of Insurance

Part 250 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 250.EXHIBIT A Grievance Form

Grievance

Discrimination Based on Disability

It is the policy of the Illinois Department of Insurance to provide assistance in filling out this form. If assistance is needed, please ask:

ADA Coordinator – Department of Insurance

320 West Washington Street

Springfield IL 62767-0001

( 217 )782-4515 (Voice); (866)323-5321 (TDD)

Name:

Address:

City, State and Zip Code:

Telephone No.:

The Best Means and Time for Contacting:

Program, Service, or Activity to which Access was Denied or in which Alleged Discrimination

Occurred:

Date of Alleged Discrimination:

Nature of Alleged Discrimination:

(Attach additional sheets, if necessary. If the grievance is based on a denial of requested reasonable modification, please fill out the back of this form.)

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

Signature

Date

Complainant/Authorized Agent

Please give to the ADA Coordinator at the address listed above.

For Office Use Only

Date Received:

By:

(BACK OF FORM)

Please fill out this part of the form if this grievance is based upon the denial of a requested reasonable modification. A reasonable modification will be made to make programs, services and activities accessible. Reasonable accommodations could include such things as providing auxiliary aides and devices and changing some policies and requirements to allow an individual with a disability to participate. This portion of the form should be filled in to the extent you know the answers. The form may be submitted even if this portion is incomplete.

Reasonable modification requested:

The date the reasonable modification was requested:

The person to whom the request was made:

The reason for denial:

Estimated cost of modification (if an assistive device, such as a TDD or optical reader, or commodity or service to which a cost is readily known):

Why is the requested modification necessary to use or participate in the program, service or activity?

Alternative accommodations that may provide accessibility:

Any other information you believe will aid in a fair resolution of this grievance:

History

Source: Amended at 39 Ill. Reg. 5618, effective March 30, 2015

Chapter VIII Department of Professional Regulation

Part 275 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 275.10 Purpose

a) This ADA Grievance Procedure (Procedures) is established pursuant to The Americans With Disabilities Act of 1990 (42 USC Section 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR Part 35) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator of the Department of Professional Regulation (the Department), 320 W. Washington, Springfield, Illinois 62786.

b) In general, the ADA requires that each program, service and activity offered by the Department, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Department to foster open communication with all individuals requesting readily accessible programs, services and activities. The Department encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 275.20 Definitions

a) Who May File a Grievance. Any individual with a disability may file a grievance with the Department if the individual:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department; and
believes he/she has been excluded from participation in or denied the benefits of any program, service or activity of the Department or has been subject to discrimination by the Department.

b) "Complainant" is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

c) "Designated Coordinator" is the person(s) appointed by the Director of the Department (the Director) who is/are responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. (See 28 CFR 35.107).

4 Ill. Adm. Code 275.30 Procedure

a) The Department shall, upon being informed that an individual desires to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

b) Grievances must be submitted in accordance with the steps and time limits set forth in Section 275.40 and 275.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the Designated Coordinator.

c) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

4 Ill. Adm. Code 275.40 Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form. The Grievance Form must be completed in order to receive proper consideration by the Designated Coordinator.

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make (reasonable) efforts to resolve the grievance at this level. The Designated Coordinator shall provide a written response to the complainant and the Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 275.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member shall be designated as chairman.

c) The complainant shall be given an opportunity to appear before the panel. The complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response, conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a majority decision, the panel shall make a recommendation in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for the recommendations and shall be signed by the members concurring in the majority decision. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign such recommendation.

e) Upon receipt of the recommendation from the panel, the Director shall approve, disapprove or modify the panel recommendations, shall render a decision in writing, shall state the basis for the decision and shall send a copy of the decision to the complainant. The Director's decision shall be final. If the Director disapproves or modifies the Panel's recommendations, the Director shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reason for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 275.60 Accessibility

The Department shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 275.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which include but are not limited to: the specific nature of the disability; the essential eligibility requirements; the benefits to be derived; the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter IX Department of Human Services

Part 300 Americans with Disabilities Act and Section 504 Grievance Procedure

4 Ill. Adm. Code 300.10 Purpose

a) This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990, 42 USC 12101 et seq., and specifically 28 CFR 35.107, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities concerning programs, services or activities provided by DHS. This procedure also is established to resolve grievances pursuant to Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) and federal rules. Should any individual desire to review the ADA or Section 504 or the regulations to understand the rights, privileges and remedies afforded by it, the ADA/504 Coordinator shall provide such information.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Department of Human Services (DHS), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities. Specifically, Title II of the ADA states that no otherwise qualified disabled individual shall solely by reason of such disability be excluded from participation in the benefits of or subjected to discrimination in programs, services, or activities sponsored by the Department.

c) Section 504 requires that no otherwise qualified person with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity that receives or benefits from federal financial assistance. Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the federal government provides or otherwise makes available assistance in the form of funds, services, or federal personnel or real or personal property.

d) It is the intention of DHS to foster open communication with all individuals requesting readily accessible programs, services and activities. DHS encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

4 Ill. Adm. Code 300.20 Definitions

a) Complainant

A "Complainant" is an individual who files a grievance form provided by DHS under this Procedure.

b) ADA/504 Coordinator

The "ADA/504 Coordinator" is the person designated by the DHS Secretary who is responsible for the coordination of efforts of DHS to comply with and carry out its responsibilities under Titles I and II of the ADA and Section 504, including investigation of grievances filed by complainants. The ADA/504 Coordinator may be contacted at:

DHS − ADA/504 Coordinator

Chief, Bureau of Accessibility & Workplace Safety

401 S. Clinton, 7th Floor

Chicago IL 60607

c) Grievance

A "Grievance" is any complaint under the ADA by an individual or individuals with a disability, or by an individual or entity who has a known relationship or association with an individual with a disability, who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by DHS, and
believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of DHS or has been subject to discrimination by DHS.

d) Disability

"Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, record of such impairment, or being regarded as having such an impairment.

e) Qualified Individual with a Disability

"Qualified Individual with a Disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communications or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

4 Ill. Adm. Code 300.30 Procedures

a) DHS shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and a grievance form.

b) Grievances must be submitted through the process described below in the form and manner as described within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this Procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the Complainant and the ADA/504 Coordinator and Final Review by the Secretary.

c) A Complainant's failure to submit or appeal a grievance to the next level of procedure within the specified time limits shall mean that the Complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as DHS' last response.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

4 Ill. Adm. Code 300.40 Ada/504 Coordinator Review

a) If an individual desires to file a formal written grievance under this Part, the individual shall promptly, but no later than 30 days after the alleged discrimination, submit the grievance to the ADA/504 Coordinator in writing on the grievance form prescribed for that purpose. The grievance form must be completed in full in order to receive proper consideration by the ADA/504 Coordinator.

b) The grievance form shall include:

The Complainant's name, and if applicable, address and telephone number;
the best means and time for contacting the Complainant;
the program, activity or service that was denied Complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the Complainant, or his/her authorized designee.

c) Upon request, assistance shall be provided by DHS to complete the grievance form.

d) The ADA/504 Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The ADA/504 Coordinator shall provide a written response to the Complainant within 45 business days after receipt of the grievance form.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

4 Ill. Adm. Code 300.50 Secretary Review

a) If after receipt of the ADA/504 Coordinator's written response the grievance has not been resolved at the ADA/504 Coordinator Level to the satisfaction of the Complainant, the Complainant may submit a copy of the grievance form and ADA/504 Coordinator's response to the Secretary of DHS for final review. The Complainant shall submit these documents to the Secretary, together with a short written statement explaining the reason(s) for dissatisfaction with the ADA/504 Coordinator's written response, within 10 business days after receipt by the Complainant of the ADA/504 Coordinator's response.

b) The Secretary shall appoint a person(s) to review the grievance.

c) The Complainant shall be afforded an opportunity to appear before the Secretary's appointee. Complainant shall have the right to appoint a representative to appear on his/her behalf. The Secretary's appointee shall review the ADA/504 Coordinator's written response and may conduct interviews and seek advice as he/she deems appropriate.

d) Within 45 days after receipt of the Complainant's written response, the appointee shall make recommendations in writing to the Secretary as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations. A dissenting appointee may make a recommendation to the Secretary in writing and shall also sign such recommendation.

e) Within 45 days after receipt of recommendations from the appointee, the Secretary shall approve, disapprove or modify the recommendations, shall render a written decision stating the basis therefor, and shall cause a copy of the decision to be served on the parties. The Secretary's decision shall be final.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

4 Ill. Adm. Code 300.60 Accessibility

DHS shall ensure that all stages of the procedure are accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 300.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, the nature of the service, program or activity; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on DHS. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainants should rely.

4 Ill. Adm. Code 300.80 Ada/504 Notice

A public notice shall be posted informing applicants, participants, beneficiaries and other interested persons of DHS' compliance with the Americans With Disabilities Act and, as appropriate, the provisions of Section 504 of the Rehabilitation Act as applicable to the services, programs, or activities of the Department.

History

Source: Amended at 24 Ill. Reg. 7494, effective May 6, 2000

Chapter X Department of Veterans' Affairs

Part 325 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 325.110 General Purposes

a) This ADA Grievance Procedure (Procedure) is established pursuant to the Americans with Disabilities Act of 1990 (42 USC Section 122.10 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the Department, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 325.120 Definitions

a) Grievance

A grievance is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and
believes he or she has been excluded from participation in, or denied the benefits of any program, service or activity of the Department or has been subject to discrimination by the Department.

b) Complainant

A complainant is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

c) Designated Liaison

The Designated Liaisons are the persons appointed by the Director who are located in the Illinois Veterans Home Sites, and Field Sites who are responsible for collecting and forwarding grievances filed by complainants to the Designated Coordinator.

d) Designated Coordinator

4 Ill. Adm. Code 325.130 Procedure

b) A complaint's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

c) The Department shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 325.140 Designated Coordinator/Designated Liaison Level

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The Designated Coordinator, or the Designated Liaison, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 325.150 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it seems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Director's decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Panel recommendations, the Director shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 325.160 Accessibility

The Department shall ensure that all stages of the Procedure are readily accessible to the usable by individuals with disabilities.

4 Ill. Adm. Code 325.170 Case-by-Case Resolution

Each grievance involves a unique set of factors which include but are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accomodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief of otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XI Treasurer

Part 350 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 350.110 Purposes

a) This Part establishes an Americans With Disabilities Act (ADA) Grievance Procedure (procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and specifically that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of the Treasurer (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Treasurer to foster communication with all individuals requesting ready access to programs, services and activities. The Treasurer encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 350.120 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Office in accordance with this Part.

"Designated Coordinator" is the person appointed by the Treasurer to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinators for the Office can be contacted at Suite 15-600, State of Illinois Center, Chicago IL 60601 or by telephone at (312)814-3571, and at 300 West Jefferson, Springfield IL 62702 or by telephone at (217)782-6540.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or services offered by the Office, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the office, or has been subject to discrimination by the Office, on the basis of his or her disability.

"Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Office.

4 Ill. Adm. Code 350.130 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 350.140 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Office's final response.

c) The Office shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 350.140 Designated Coordinator Level

the complainant's name and, if applicable, address and telephone number;
the best means and time for contacting the complainant;
the program, activity or service which was denied complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the complainant.

b) Upon request, assistance shall be provided by the Office to complete the grievance form.

c) The Designated Coordinator shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and to the Treasurer within ten (10) business days after receipt of the grievance form.

4 Ill. Adm. Code 350.150 Review Panel

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Treasurer for final review. The complainant shall submit these documents to the Treasurer, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Treasurer shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Treasurer as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make recommendation to the Treasurer in writing and shall also sign such recommendation.

4 Ill. Adm. Code 350.160 Final Level

a) Upon receipt of recommendations from a panel, the Treasurer shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Treasurer's decision shall be final. If the Treasurer disapproves or modifies the panel recommendations, the Treasurer shall include written reasons for such disapproval or modification.

b) The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160], or as otherwise required by law.

4 Ill. Adm. Code 350.170 Accessibility

The Treasurer shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 350.180 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XII Office of Banks and Real Estate

Part 375 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 375.10 Purposes

a) This Americans With Disabilities Act Grievance Procedure ("Procedure") is established pursuant to the Americans With Disabilities Act of 1990, 42 USC Section 12101 et seq. ("ADA"), and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of Banks and Real Estate ("Agency"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Agency to foster open communication with all individuals requesting readily accessible programs, services and activities. The Agency encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 375.20 Definitions

"Commissioner" is the Commissioner of Banks and Real Estate.

"Complainant" is an individual with a disability who files a Grievance Form provided by the Agency under this Procedure.

"Designated Coordinator" is the person appointed by the Commissioner who is responsible for the coordination of efforts of the Agency to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at Room 100, 117 S. Fifth, Reisch Building, Springfield, Illinois, 62701. See 28 CFR 35.107.

4 Ill. Adm. Code 375.30 Procedure

a) Grievances must be submitted in accordance with the steps and time limits set forth in Sections 375.40 and 375.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this Procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of Procedure within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the Procedure as the Agency's last response.

c) The Agency shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 375.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Agency to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Commissioner within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 375.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Commissioner for final review. The complainant shall submit these documents to the Commissioner, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Commissioner shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Commissioner as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signature of the concurring panel members. A dissenting member of the panel may make a recommendation to the Commissioner in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from the panel, the Commissioner shall approve, disapprove or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Commissioner's decision shall be final. If the Commissioner disapproves or modifies the panel recommendations, the Commissioner shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Commissioner shall be maintained in accordance with the State Records Act [5 ILCS 160], or as otherwise required by law.

4 Ill. Adm. Code 375.60 Accessibility

The Agency shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 375.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Agency. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precendent on which any other complainants should rely.

Chapter XIII Illinois Commerce Commission

Part 400 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 400.10 Purposes

a) These ADA grievance procedures are established pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. ("ADA"), and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring the adoption of grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by 28 CFR Part 35. These procedures are to be construed as neither expanding nor diminishing the rights, privileges and remedies otherwise afforded by applicable law.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Commerce Commission ("Commission"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Commission to foster open communication with all individuals seeking access to programs, services and activities. The Commission encourages prompt responses to requests for modifications before they become grievances.

d) Any individual who wishes to review the ADA and applicable regulations to understand the rights, privileges and remedies they afford may contact the Commission's designated coordinator.

e) The grievance procedures set forth in this Part are informal and do not give rise to a "contested case" for purposes of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) or the Commission's Rules of Practice (83 Ill. Adm. Code 200).

4 Ill. Adm. Code 400.20 Definitions

Complainant – An individual with a disability or representative of such an individual who files a grievance form provided by the Commission under this Part. The address of the Commission is 527 Capitol Avenue, Springfield, Illinois 62706.

Designated Coordinator – The person appointed by the Commission's Executive Director who is responsible for the coordination of the Commission's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants.

Grievance – A complaint by or on behalf of an individual with a disability who believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Commission or has been subject to discrimination by the Commission in violation of the ADA.

4 Ill. Adm. Code 400.30 Procedure

a) Grievances must be submitted as set forth in Sections 400.40 and 400.50. It is mutually beneficial that grievances be satisfactorily resolved in a prompt manner, but time limits may be extended by agreement in writing by the complainant and the Designated Coordinator or another employee authorized by the Executive Director.

b) A complainant's failure to follow the steps outlined in Sections 400.40 and 400.50 within the time limits stated or any agreed extension of the time limits shall constitute a withdrawal of the grievance.

c) The Commission shall, upon being informed of an individual's desire to file a grievance, furnish the individual a copy of this Part and the grievance form.

4 Ill. Adm. Code 400.40 Designated Coordinator Level

a) An individual who wishes to file a grievance shall promptly, but no later than 180 calendar days after the alleged violation of the ADA, submit the grievance to the designated coordinator in writing on the form prescribed for that purpose.

b) The grievance form must be completed in full. Upon request, the Commission shall provide assistance in the completion of the grievance form.

c) The designated coordinator, or his or her representative, shall investigate the grievance and shall make efforts to resolve it. The designated coordinator shall provide a written response to the complainant and the Commission's Executive Director within ten business days after receipt of the completed grievance form.

4 Ill. Adm. Code 400.50 Final Level

a) If the designated coordinator has not resolved the grievance to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and designated coordinator's response to the Commission's Executive Director for final review. The complainant shall submit these documents to the Executive Director, together with a written statement explaining the reasons for dissatisfaction with the designated coordinator's response, within twenty business days after receipt by the complainant of the designated coordinator's response.

b) The Executive Director shall appoint one or more Commission employees to review the grievance. The complainant shall have the opportunity to discuss the grievance with the person or persons appointed to review the grievance. The employee or employees shall review the designated coordinator's response and shall conduct any interviews necessary to further investigate the grievance.

c) The employee or employees shall make written recommendations to the Executive Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signature of the employee or employees making the recommendation.

d) Upon receipt of the recommendations, the Executive Director shall approve, disapprove or modify the recommendations, and shall render a written decision on the grievance, stating the basis for the decision. The Executive Director's decision shall be furnished to the complainant, and shall be final.

e) The grievance form, the designated coordinator's response, the statement of reasons for dissatisfaction, the employee recommendations and the decision of the Executive Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.).

4 Ill. Adm. Code 400.60 Accessibility

The Commission shall ensure that all stages of its grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 400.70 Case-by-Case Resolution

Each grievance involves a unique set of factors including the nature of the disability, the otherwise applicable eligibility requirements, the benefits to be derived, the nature of the agency service, program or activity at issue, the health and safety of others, and whether an accomodation would constitute a fundamental alteration of the program, service or activity or an undue hardship to the Commission. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any person should rely.

Chapter XIV Department of Children and Family Services

Part 425 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 425.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations (28 CFR 35) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator:

DCFS ADA Officer

1921 South Indiana

Chicago IL 60616

(312)808-5000

DCFS.OfficeofAffirmativeAction@illinois.gov

b) In general, the ADA requires that each program, service and activity offered by the Department of Children and Family Services, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

History

Source: Amended at 41 Ill. Reg. 7127, effective June 6, 2017

4 Ill. Adm. Code 425.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

"Department" means the Department of Children and Family Services.

"Designated Coordinator" is the person appointed by the Department who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. (See 28 CFR 35.107.)

"Director" means the Director of the Department of Children and Family Services.

"Disabilities" shall have the same meaning as set forth in the ADA.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Department or has been subject to discrimination by the Department.

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, phone number, nature of the grievance, with specificity, including date of incident, time, place and witnesses if applicable.

"Qualified Individual with a Disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

4 Ill. Adm. Code 425.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 425.40 and 425.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this Part are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Section 425.50.

c) The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Part and the Grievance Form.

4 Ill. Adm. Code 425.40 Designated Coordinator Level

a) If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form prescribed for that purpose. The Grievance Form must be completed in full in order to receive proper consideration by the Designated Coordinator.

b) Upon request, assistance in completing the Grievance Form shall be provided by the Department.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 425.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the Director shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chair. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his or her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for those recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director may include written reasons for that disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 425.60 Accessibility

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 425.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XV Department of Central Management Services

Part 450 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 450.10 Purpose

a) This Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC Section 12101 et seq.) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

4 Ill. Adm. Code 450.20 Definitions

a) Grievance

A grievance is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and
believes he or she has been excluded from participation in, or denied the benefits of any program, service or activity of the Department or has been subject to discrimination by the Department.

b) Complainant

A complainant is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

c) Designated Coordinator

The Designated Coordinator is the person(s) appointed by the Department Director who is/are responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator can be contacted at ADA Coordinator, Department of Central Management Services, 521 Stratton Building, Springfield, IL 62706. (See 28 CFR 35.107.)

4 Ill. Adm. Code 450.30 Procedure

b) a complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

c) The Department shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 450.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 450.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Panel recommendations, the Director shall include written reasons for such disapproval or modification.

4 Ill. Adm. Code 450.60 Accessibility

The Department shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 450.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which include but are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefit to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accomodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XVI Department of Corrections

Part 475 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 475.10 Applicability

This Part applies to the general public, applicants, employees, and to persons committed to the Department of Corrections.

4 Ill. Adm. Code 475.15 Definitions

a) "ADA" means the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

b) "ADA Coordinator" means the person or persons designated by the Director or Chief Administrative Officer to coordinate efforts of the Department or a facility in carrying out its responsibilities under Title II of the ADA.

c) "Chief Administrative Officer" means the highest ranking official of a correctional facility.

d) "Department" means the Department of Corrections.

e) "Director" means the Director of the Department of Corrections.

f) "Grievance" means any formal, written complaint under the ADA by an individual with a disability who:

Meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity, or service offered by the Department; and
Believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department or has been subject to discrimination by the Department on the basis of disability.

g) "Grievant" means an individual with a disability who files a grievance under this Part.

h) "Working days" means Monday through Friday, excluding State holidays.

4 Ill. Adm. Code 475.17 Responsibilities

a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

b) No other individual may routinely perform duties whenever a Section in this Part specifically states the Director or Chief Administrative Officer shall personally perform the duties. However, the Director or Chief Administrative Officer may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

4 Ill. Adm. Code 475.20 General Provisions

a) The Department shall promptly review grievances and consider any reasonable requests for modification to its programs, services, or activities which allegedly discriminate under the ADA on the basis of disability.

b) Each grievance or request for modification shall be considered on a case-by-case basis, based on the unique set of factors of each case which may include, but not be limited to:

The specific nature of the disability;
The essential eligibility requirements, the benefits to be derived, and the nature of the program, service, or activity;
The health, safety, or security of any person; and
Whether or not a modification would constitute a fundamental alteration to the program, service, or activity or an undue hardship on the Department.

c) Actions taken with regard to one grievance or request for modification shall not necessarily constitute a precedent upon which any other parties shall rely.

d) Employees and applicant shall make requests for reasonable accommodation in accordance with internal procedures of the Department which shall be available to employees and applicants. Grievances of employees and applicants should be filed and processed in accordance with this Part; however, nothing precludes an employee or applicant from filing a grievance in accordance with personnel rules (80 Ill. Adm. Code 303) or collective bargaining agreements. Any grievance filed by an employee or applicant shall be investigated by an ADA Coordinator who shall make recommendations regarding resolution of the grievance.

e) Grievances or requests for reasonable modifications of committed persons shall be filed and processed in accordance with 20 Ill. Adm. Code 504.Subpart F or G.

f) Grievances or requests for reasonable modifications of the general public shall be filed and processed in accordance with this Part.

g) The Department shall take reasonable steps to ensure that the grievance procedures contained in this Part and 20 Ill. Adm. Code 504.Subpart F or G are accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 475.30 Verbal Requests and Complaints

Employees, applicants and persons other than committed persons may make verbal requests for reasonable modifications or verbal complaints regarding alleged discrimination to staff at any Department facility or office. Such requests or complaints shall be forwarded through chain-of-command to determine whether any immediate action may be taken. If the request or complaint is not resolved to the satisfaction of the individual, a written grievance may be filed in accordance with Section 475.40.

4 Ill. Adm. Code 475.40 Grievance Procedure

This Section applies to any persons except committed persons.

a) Grievances under the ADA shall be submitted to:

Americans With Disabilities Act Coordinator

Illinois Department of Corrections

4-200 State of Illinois Center

100 W. Randolph

Chicago, Illinois 60601

Attention: ADA Grievance

b) Grievances shall be in writing and should be on the form provided by the Department. The grievance shall include, among other matters:

The program, service, or activity in which alleged discrimination occurred;
Date and nature of the alleged discrimination;
If applicable, the reasonable modification allegedly denied and the estimated cost of such modification; and
Alternative modifications that may provide accessibility and the estimated cost of such alternatives.

c) Copies of the grievance procedure and the grievance form shall be available at all Department offices and correctional facilities or may be requested through the ADA Coordinator.

d) The grievance should be filed promptly, but no later than 180 days after the alleged discrimination occurred or the alleged denial of the request for modification. The grievance form must be complete, to the extent known, in order to be given proper consideration by the Department.

e) Upon request, assistance in completing the grievance form shall be provided as determined necessary by the Department.

f) A Department ADA Coordinator shall take reasonable steps to ensure that the grievance is investigated and reasonable efforts are made to resolve it. The investigation may include an interview with the grievant when determined necessary by the ADA Coordinator. The ADA Coordinator shall submit a written response to the grievant within 45 working days after receipt of the grievance, whenever possible.

4 Ill. Adm. Code 475.50 Appeal Process

This Section applies to any persons except committed persons.

a) If the grievance is not resolved to the satisfaction of the grievant, the grievant may appeal the ADA Coordinator's decision to the Director. Failure to appeal in a timely manner shall be construed to mean the grievant has withdrawn the grievance or has accepted the ADA Coordinator's response.

b) Appeals shall be submitted in writing, within 15 working days after the date of the ADA Coordinator's response, to:

Director

Illinois Department of Corrections

1301 Concordia Court

P.O. Box 19277

Springfield, Illinois 62794-9277

Attention: ADA Appeal

c) Written appeals shall include:

A brief statement explaining the reasons for dissatisfaction with the ADA Coordinator's response;
A statement indicating whether or not the grievant wishes to appear before the person or persons appointed by the Director;
A copy of the grievance form and the ADA Coordinator's response; and
Any other supporting materials.

d) The Director shall appoint a person or persons to review the appeal.

e) The appointed person or persons shall review the grievance form and the ADA Coordinator's written response; shall consider any additional material submitted by the grievant; and may conduct interviews and seek advice as deemed appropriate.

f) The grievant may be afforded the opportunity to appear before the appointed person or persons if so requested in the written appeal.

g) The appointed person or persons shall make recommendations to the Director in writing.

h) The Director shall approve, disapprove, or modify the recommendations. The Director's written decision shall be sent to the grievant and to the ADA Coordinator. The Director's decision shall be final.

Chapter XVIII Department of Juvenile Justice

Part 530 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 530.10 Purpose

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Department of Juvenile Justice, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 530.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Agency under this procedure.

"Department" means the Department of Juvenile Justice.

"Designated Coordinator" is the person appointed by the Director who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 2715 West Monroe Street, Springfield IL 62704. (See 28 CFR 35.107.)

"Director" means the Director of the Department of Juvenile Justice.

"Disabilities" shall have the meaning set forth in the Americans With Disabilities Act.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of the benefits of, a program, activity or service offered by the Department and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Department or has been subject to discrimination by the Department.

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, phone number, and nature of the grievance, with specificity, including date, time and place of the incident and witnesses if applicable.

"Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services from, or the participation in programs or activities provided by, the Department.

4 Ill. Adm. Code 530.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 530.40 and 530.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer at the Designated Coordinator Level and/or the Final Levels described in Section 530.50.

c) The Designated Coordinator shall, upon being informed of the individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 530.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Department.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and the Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 530.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 days, the Director shall appoint a three-member panel to review the grievance at the Final Level. One member shall be the designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have the right to appoint a representative to appear on his or her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for the recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign that recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director may include written reasons for that disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel, and the decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 530.60 Accessibility

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 530.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XIX Department of Agriculture

Part 550 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 550.10 Definitions

"ADA" means the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq. (1991)).

"Complainant" means an individual with a disability who files a grievance form provided by the Department in accordance with this Part.

"Department" means the Illinois Department of Agriculture.

"Designated Coordinator" means the person appointed by the Director to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants. Grievances under the ADA shall be submitted to:

Americans With Disabilities Act Coordinator

Department of Agriculture

State Fairgrounds, P.O. Box 19281

Springfield, Illinois 62794-9281

(Telephone: 217/782-2172)

"Director" means the Director of the Illinois Department of Agriculture or his or her duly authorized representative.

"'Disability' means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment" (Section 12101 of the ADA (42 U.S.C. (1991)).

"Grievance" means any formal, written complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity, or service offered by the Department; and

believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department or has been subject to discrimination by the Department on the basis of his or her disability.

"'Qualified individual with a disability' means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department" (Section 12131 of the ADA (42 U.S.C. (1991)).

"Working days" means Monday through Friday, excluding State holidays.

4 Ill. Adm. Code 550.20 Purposes

a) This ADA Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12131-12134 (1991)), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107 (1991)) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

c) It is the intent of the Department to foster open communication with all individuals requesting ready access to programs, services, and activities. The Department encourages supervisors of programs, services, and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 550.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 550.40 and 550.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits shall means that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's final response.

c) The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 550.40 Designated Coordinator Level

the complainant's name, address and telephone number;
the best means and time for contacting the complainant;
the program, activity, or service which was denied the complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination; and
the signature of the complainant.

b) Upon request, assistance shall be provided by the Department to complete the grievance form.

c) The Designated Coordinator shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and to the Director within 15 working days after receipt of the grievance form.

4 Ill. Adm. Code 550.50 Final Level

a) If the grievance is not resolved to the satisfaction of the complainant at the Designated Coordinator Level, the complainant may submit a copy of the grievance form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within 15 working days after receipt by the complainant of the Designated Coordinator's response.

b) The complainant shall be afforded an opportunity to appear before the Director. The complainant shall have a right to appoint a representative to appear on his or her behalf. The Director shall review the Designated Coordinator's written response and may conduct interviews and seek advice as the Director deems appropriate.

c) The Director shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision thereon in writing within 30 working days, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

d) The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 550.60 Accessibility

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 550.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to, the specific nature of the disability; the essential eligibility requirements; the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should reply.

Chapter XX Department of Commerce and Economic Opportunity

Part 575 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 575.10 Purpose

Pursuant to Title II, Subtitle A of the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C. 12131-12134) and Section 35.107 of the Equal Employment Opportunity Commission's rules entitled "Nondiscrimination on the Basis of Disability in State and Local Government Services" (28 CFR 35.107), this Part establishes a grievance procedure for the prompt and equitable resolution of complaints regarding discrimination on the basis of a disability against the Department of Commerce and Community Affairs (Department) and/or entities which administer programs, services or activities on behalf of the Department under a contract, a grant or any other legally binding agreement. However, Title II and this Part do not apply to private entities unless they are legally obligated to administer a program, service or activity on the Department's behalf.

4 Ill. Adm. Code 575.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Department in accordance with this Part.

"Designated Coordinator" is the person appointed by the Department's Director to coordinate the Department's efforts in complying with and in carrying out its responsibilities under Title II, Subtitle A, of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Department can be contacted by mail at 620 East Adams Street, Springfield, Illinois 62701 or by telephone at 217/785-6323.

"Director" is the Director of the Department of Commerce and Community Affairs.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Department, or has been subject to discrimination by the Department, on the basis of his or her disability. Programs, services or activities of the Department include those administered by entities on behalf of the Department under a contract, a grant or any other legally binding agreement.

4 Ill. Adm. Code 575.30 Informal Resolution

The Department and/or entities which administer programs, services or activities on behalf of the Department under a contract, a grant or any other legally binding agreement shall make every effort to informally resolve complaints under the ADA before they become grievances, in accordance with 28 CFR 35.176.

4 Ill. Adm. Code 575.40 Grievances

a) Who May File a Grievance. A grievance may be filed by any individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by the Department and/or an entity which administers programs, services or activities on behalf of the Department under a contract, a grant or any other legally binding agreement.

b) Filing Grievance. A grievance shall be filed with the Department not later than 180 calendar days from the date of the alleged discrimination. The complaint shall be submitted on the Department's grievance form which can be obtained by contacting the Department's Designated Coordinator. The grievance form shall be sent by certified mail, return receipt requested within 5 working days after receipt of the request.

The grievance form shall include:

A) the complainant's name, address and telephone number;

B) the best means and time for contacting the complainant;

C) the program, service or activity which was denied the complainant or in which alleged discrimination occurred;

D) date of alleged discrimination;

E) nature of alleged discrimination;

F) dated signature of complainant, certifying that he/she is qualified or otherwise eligible to participate in the program, service or activity and that all information on the form is true to the best of the complainant's knowledge and belief.

If the grievance is based on the denial of a requested reasonable modification, the following information shall also be completed on the form:

A) reasonable modification requested;

B) date reasonable modification was requested;

C) person to whom request was made;

D) estimated cost of modification (if known);

E) why the requested modification is necessary to use or participate in the program, service or activity;

F) alternative modifications which may provide accessibility; and

G) any other information complainant believes will aid in a fair resolution of the grievance.

c) Resolution of Conflict. The Designated Coordinator shall investigate the grievance and, based upon the information obtained during the investigation and the information submitted by the complainant on the grievance form, shall render a written decision to the complainant and the Director within 10 working days after receipt of the grievance form.

4 Ill. Adm. Code 575.50 Final Review

a) If the grievance is not resolved by the Designated Coordinator to the satisfaction of the complainant, the complainant may submit a written request for final review to the Director within 10 business days after receipt of the Designated Coordinator's response. The request shall include the reason for dissatisfaction with the response, and if desired, a request for an appearance before the Director, and the name of the representative who will appear on complainant's behalf.

b) Upon receipt of a request for final review, the Director shall appoint a three-member review panel comprised of a legal counsel for the Department, the Deputy Director of the bureau within the Department which administers the program, service or activity in question, and the Department's Equal Employment Opportunity/Affirmative Action Officer.

c) The Director shall acknowledge in writing the receipt of a request for final review within 10 working days after receipt of the request. If an appearance has been requested, the written acknowledgement shall include a date, time and location for the appearance which shall be no later than 15 working days after the acknowledgement was postmarked.

d) The panel shall review the Designated Coordinator's written response and the complainant's reason for dissatisfaction with the response, and take any oral or written testimony that it deems necessary to resolve the matter in accordance with the ADA. If the complainant has requested an appearance in accordance with subsection (a), the panel shall take oral or written testimony from the complainant and/or his or her representative.

e) Within 10 working days after the final review, the panel shall prepare a written recommendation to the Director. All recommendations shall include the reasons for such recommendations and shall be signed by the concurring panel members. A dissenting member of the panel shall make a recommendation to the Director in writing and state the reason for the dissent.

f) Upon receipt and review of the panel's recommendation and review of the record, the Director shall render a written decision either approving, disapproving or modifying the panel's recommendation, and state the basis for his decision, and cause a copy of the decision to be rendered on the parties. The Director's decision shall be final and shall be issued no later than 10 working days after the date of the panel's recommendation.

g) All written correspondence, documents and materials relating to the complaint shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 575.60 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the program, service or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXIII Department of Financial Institutions

Part 650 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 650.10 Purpose

a) This Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) and specifically Section 35.107 of the Title II regulations (28 CFR Part 35) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, they should contact the Designated Coordinator for the Department of Financial Institutions (Department).

4 Ill. Adm. Code 650.20 Definitions

"Complainant" is an individual with a disability who files a grievance with the Department under this procedure.

"Designated Coordinator" is the person(s) appointed by the Department Director who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Department is the Personnel Officer. The Department's Personnel Officer can be contacted at 500 Iles Park Place, Suite 510, Springfield, Illinois 62718, (217)782-2831.

"Grievance Form" is a Department created form which, when completed by a complainant, includes, but is not limited to, the name, address and telephone number of the complainant; date of incidence; a short factual statement of the grievance; and the relief requested, if applicable.

4 Ill. Adm. Code 650.30 Procedure

a) Grievances must be submitted in accordance with and follow the procedures set forth in Section 650.40 and Section 650.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

c) The Department shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and provide a Grievance Form.

4 Ill. Adm. Code 650.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 650.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel recommendations, the Director shall include written reasons for such disapproval or modification.

4 Ill. Adm. Code 650.60 Accessibility

The Department shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 650.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXIV Department of Lottery

Part 675 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 675.10 Purposes

a) This Part establishes an Americans With Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CRF 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the Department of the Lottery (Department), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Department to foster open communication with all individuals requesting ready access to programs, services and activities. The Department encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 675.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Department in accordance with this Part.

"Designated Coordinator" is the person appointed by the Department Director to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Department is Mr. Greg Poepl. Mr.Poepl can be contacted at 201 East Madison Street, Springfield IL 62702 or by telephone at 217/524-5246.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Department or has been subject to discrimination by the Department, on the basis of his or her disability.

4 Ill. Adm. Code 675.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 675.40 and 675.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final levels.

c) The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 675.40 Designated Coordinator Level

the complainant's name and, if applicable, address and telephone number;
the best means and time for contacting the complainant;
the program, activity or service which was denied complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the complainant.

b) Upon request, assistance shall be provided by the Department to complete the grievance form.

c) The Designated Coordinator or his representative shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and to the Director of the Department within ten (10) business days after receipt of the grievance form.

4 Ill. Adm. Code 675.50 Final Level

a) If the grievance is not resolved to the satisfaction of the complainant at the Designated Coordinator Level, the complainant may submit a copy of the grievance form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, or his or her designee, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

c) The Director shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

4 Ill. Adm. Code 675.60 Accessibility

The Department shall ensure that all stages of the grievance procedures are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 675.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which include, but are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXV Illinois Housing Development Authority

Part 700 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 700.101 Authority

This Part is authorized and made pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12131-12134) ("ADA"), the regulations promulgated thereunder (28 CFR 35.107) (the "Regulations") and Section 7.19 of the Illinois Housing Development Act (Ill. Rev. Stat. 1991, ch. 67 1/2, par. 307.19).

4 Ill. Adm. Code 700.102 Purposes

This Part establishes a grievance procedure pursuant to the ADA and specifically the Regulations, which require that such a procedure be established to resolve grievances asserted by qualified individuals with disabilities. The ADA requires that each program and activity offered by the Illinois Housing Development Authority (the "Authority") be readily accessible to and usable by qualified individuals with disabilities. It is the intent of the Authority to foster open communication with all individuals requesting access to the programs and activities of the Authority.

4 Ill. Adm. Code 700.103 Definitions

"Authority": The Illinois Housing Development Authority.

"Complainant": An individual with a disability who files a Grievance on the form provided by the Authority in accordance with this Part.

"Designated Coordinator": The person appointed by the Authority to coordinate the Authority's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Authority can be reached at 401 N. Michigan Avenue, Suite 900, Chicago, Illinois 60611 or by telephone at (312)836-5200.

"Disability": With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

"Grievance": Any formal complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program or activity offered by the Authority, and who believes he or she has been excluded from participation in or denied the benefits of any program or activity of the Authority, or has been subject to discrimination by the Authority on the basis of his or her disability.

"Grievance Form": The form on which a Grievance must be submitted to the Authority.

"Grievance Procedure": The procedure established by this Part.

4 Ill. Adm. Code 700.201 General Procedures

a) Submission. Complainants shall submit Grievances in accordance with the procedures established in Section 700.202 and 700.203 of this Part, in the form and manner described and within specified time limits. The time limits for this Grievance Procedure shall be measured in calendar days, unless otherwise explicitly stated, and may be extended by mutual agreement in writing by the Complainant and the reviewer at the Designated Coordinator and the Final Levels.

b) A Complainant's failure to submit a Grievance, or to submit or appeal it to the next level of procedure, within the specified time limits, shall mean that the Complainant has withdrawn the Grievance or has accepted the last response given in the Grievance Procedure as the Authority's final response.

c) The Authority shall, upon being informed of an individual's desire to file a Grievance, instruct the individual how to receive a copy of this Grievance Procedure and the Grievance Form.

4 Ill. Adm. Code 700.202 Designated Coordinator Level

a) If an individual desires to file a Grievance, the individual shall promptly, but no later than 180 days after the alleged act of discrimination, submit the Grievance to the Designated Coordinator on the Grievance Form prescribed for that purpose. To receive proper consideration by the Designated Coordinator, the Grievance Form shall be completed in full. The completed form shall include:

the Complainant's name and, if applicable, address and telephone number;
the best means and time for contacting the Complainant;
the program or activity which was denied to the Complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the Complainant.

b) Upon request, the Authority shall provide assistance in completing the Grievance Form.

c) The Designated Coordinator or his designated representative shall investigate the Grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the Complainant and to the Director of the Authority within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 700.203 Final Level

a) If the Grievance is not resolved to the satisfaction of the Complainant at the Designated Coordinator Level, the Complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Authority for final review. The Complainant shall submit these documents to the Director, or his or her designee, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the Complainant of the Designated Coordinator's response.

b) The Complainant shall be afforded an opportunity to appear before the Director, or a representative designated by the Director. The Complainant shall have a right to appoint a representative to appear on his or her behalf, provided that the Complainant notifies the Director or the Director's representatives, as applicable, two (2) business days in advance of the hearing that the Complainant has appointed such a representative. The Director or his or her representative shall review the Designated Coordinator's response and may conduct interviews and seek advice as may be appropriate.

c) The Director shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

d) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 700.204 Accessibility

The Authority shall ensure that, at all stages, the Grievance Procedure is readily accessible to and usable by individuals with disabilities.

Chapter XXVI Capital Development Board

Part 725 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 725.10 Purpose

a) This Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator of the Capital Development Board (Board), 3rd Floor, Wm. G. Stratton Building, 401 South Spring Street, Springfield, Illinois 62706.

b) In general, the ADA requires that each program, service and activity offered by the Board, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Board to foster open communication with all individuals requesting readily accessible programs, services and activities. The Board encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 725.20 Definitions

a) "Complainant" is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

b) "Designated Coordinator" is the Affirmative Action Officer of the Board who is responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. (See 28 CFR 35.107.)

c) "Grievance" is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service by the Board; and
believes he/she has been excluded from participation in, or denied the benefits of any program, service or activity of the Board or has been subject to discrimination by the Board.

4 Ill. Adm. Code 725.30 Procedure

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Board's last response.

c) The Board shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 725.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Board to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Executive Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 725.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director of the Board for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Executive Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairperson.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Executive Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Executive Director in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Executive Director shall approve, disapprove or modify the panel's recommendations, shall render a decision thereon in writing, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel's recommendations, the Executive Director shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel and the decision of the Executive Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 725.60 Accessibility

The Board shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 725.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Board. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXVII Department of Transportation

Part 750 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 750.10 Purpose

This Part establishes an Americans with Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically, Section 35.107 of the Title II Regulations (28 CFR 35.107), requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded therein, please contact the ADA Resource Information Coordinator.

4 Ill. Adm. Code 750.20 Definitions

"ADA" is the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

"ADA Executive Appeals Committee" is a committee established by the Department consisting of: a Deputy Director, Office of Finance and Administration; an Assistant Chief Counsel, Office of Chief Counsel; the Manager, Civil Rights Office, Office of Finance and Administration; a Deputy Director, Division of Highways; and one rotating member, appointed annually by the Director, Office of Finance and Administration. The ADA Executive Appeals Committee shall review matters that cannot be resolved at the ADA Resource Information Coordinator level.

"ADA Resource Information Coordinator" is the person appointed by the Department to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA. The Designated Coordinator for the Department is the Manager, Employee Assistance Unit, Office of Finance and Administration, Bureau of Employee Services, 2300 South Dirksen Parkway, Springfield, Illinois 62764. Phone: (217)524-1242, Telecommunications Device for Deaf Persons: (217)524-4874 and 524-4875.

"Complainant" is an individual with a disability who files a grievance in accordance with this Part.

"Department" is the Illinois Department of Transportation.

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (28 CFR 35.104, effective January 26, 1992)

"Grievance" is a complaint filed with the Department by an individual alleging that he or she has been subject to discrimination by the Department on the basis of his or her disability with respect to the Department's services, programs or activities.

"Major Life Activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (28 CFR 35.104, effective January 26, 1992)

"Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (28 CFR 35.104, effective January 26, 1992)

"Reasonable Accommodation" means modifications or adjustments to services, programs or activities that enable a qualified individual with a disability to participate therein, or enjoy the benefits thereof.

"Undue hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity.

4 Ill. Adm. Code 750.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Section 750.40 and 750.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the Complainant and the Department.

b) A Complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure, within the specified time limits, shall mean that the Complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's final response.

c) Exhaustion of all administrative remedies provided for in this Part shall be a prerequisite to the filing of a complaint before any court or other administrative tribunal.

d) The Department shall, upon request, provide an individual with a copy of this Part.

4 Ill. Adm. Code 750.40 Grievance - Ada Coordinator Level

a) If an individual desires to file a grievance alleging discrimination due to his or her disability with respect to an alleged denial of equal access to Department services, programs or activities, he or she shall, within 180 days after the alleged discrimination, submit a written grievance to the Department's ADA Resource Information Coordinator.

b) In order to be considered by the Coordinator, the grievance shall contain the following information:

the Complainant's name, address and telephone number;
the best time and means for contacting the Complainant;
the exact nature of Complainant's disability, including a signed statement from a physician currently licensed to practice in Illinois;
the program, activity or service which was denied Complainant, or in which alleged discrimination occurred;
the nature of the denial or alleged discrimination;
a statement detailing why the Complainant believes he or she is a qualified individual with a disability;
the date the denial or alleged discrimination occurred;
the signature of the Complainant.

c) The Complainant shall attach copies of any documents received from or submitted to the Department which pertain to the program, activity or service referred to in the grievance.

d) The ADA Resource Information Coordinator or his representative shall investigate the grievance and shall make reasonable efforts to resolve the matter. The Coordinator shall serve a written response upon the Complainant within ten business days after receipt of the grievance. The date of service of the written response shall be considered to be the date of its mailing.

4 Ill. Adm. Code 750.50 Grievance - Ada Executive Appeals Committee Level

a) If the grievance is not resolved to the satisfaction of the Complainant at the ADA Coordinator Level, the Complainant may submit a copy of the grievance and the Coordinator's response to the ADA Executive Appeals Committee, together with a short written statement explaining the reason(s) for dissatisfaction with the Coordinator's written response, within fifteen business days after the receipt by the Complainant of the Coordinator's response.

b) The Complainant shall be afforded an opportunity, within thirty days after the Committee's receipt of the Complainant's submission pursuant to subsection (a) above, to appear before the Committee, and shall have a right to designate a representative to appear on his or her behalf. The Committee shall review the statements of the Complainant, written materials submitted by the Complainant, the Coordinator's response, and may conduct interviews and seek additional information, evidence and/or advice as it deems appropriate.

c) The Committee shall approve, disapprove or modify the recommendation of the Coordinator and shall render a written decision thereon within thirty days after meeting to decide the matter. The Committee shall state the reason(s) for its decision, and shall serve a copy upon the Complainant and the Coordinator.

d) The grievance, the Coordinator's response, the Complainant's statement of reasons for dissatisfaction and the decision of the Committee shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

4 Ill. Adm. Code 750.60 Accessibility

The Department shall ensure that all stages of the grievance process procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 750.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration of the program, service or activity, or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainant should rely.

Chapter XXVIII Comptroller

Part 775 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 775.10 Purpose

a) This Part establishes an Americans With Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the Office of the Comptroller (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Office to foster open communication with all individuals requesting access to programs, services and activities. The Office encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 775.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Office in accordance with this Part.

"Designated Coordinator" is the person appointed by the Comptroller to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Office is the ADA Coordinator. The ADA Coordinator may be contacted at the Office of the Comptroller, 325 West Adams, Springfield, Illinois 62706 or by telephone at 217/782-6000 (voice), 217/782-1308 (TDD).

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Office, or has been subject to discrimination by the Office on the basis of his or her disability.

4 Ill. Adm. Code 775.30 Procedure

a) A grievance shall be submitted in accordance with the procedures established in Sections 775.40 and 775.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

c) The Office shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

d) A complainant may use the assistance of an advocate in any stage of the grievance procedure.

4 Ill. Adm. Code 775.40 Review at the Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the prescribed grievance form. (See Appendix A.) The grievance form shall be completed in full in order to receive proper consideration by the Designated Coordinator, and shall include:

the complainant's name and, if applicable, address and telephone number;
the best means and time for contacting the complainant;
the program, activity or service which was denied complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the complainant.

b) Upon request, assistance shall be provided by the Office to complete the grievance form.

c) The Designated Coordinator or his/her representative shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and to the Comptroller within ten (10) business days after receipt of the grievance form.

4 Ill. Adm. Code 775.50 Review at the Final Level

a) If a grievance has not been resolved by the designated coordinator to the satisfaction of the complainant, the complainant shall submit a copy of the grievance form and designated coordinator's response to the Comptroller for final review within ten (10) days after receipt of the Designated Coordinator's written response. The complainant shall submit these documents to the Comptroller, together with a short written statement explaining the reason(s) for dissatisfaction with the designated coordinator's response. The Comptroller will extend the period for submitting the review request and supporting documents for up to ten (10) additional days upon complainant's request.

b) The Comptroller shall appoint a three (3) member panel consisting of a representative from the Personnel Department, the Legal Department and the Comptroller's Executive Staff to review the grievance (hereinafter referred to as the "Review Panel"). The Designated Coordinator, who rendered the written response to the complainant, shall not be eligible to serve on the Review Panel. One member so appointed shall be designated Chairman. If possible, the Comptroller shall include as one of these appointments, a person with a disability.

c) The complainant shall be afforded an opportunity to appear before the Review Panel. The Review Panel shall review Designated Coordinator's written response and may conduct interviews and seek advice as the Review Panel deems appropriate.

d) The Review Panel shall approve, disapprove or modify the recommendations of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefore, and shall cause a copy of the decision to be served on the parties. The Review Panel's decision shall be final. If the Review Panel disapproves or modifies the Designated Coordinator's recommendations, the Review Panel shall include written reasons for such disapproval or modification.

e) The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160/1] or as otherwise required by law.

4 Ill. Adm. Code 775.60 Accessibility Policy

The Office shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 775.70 Case-by-Case Resolution

Each grievance involves a unique set of factors which include, but each are not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 775.APPENDIX A: Grievance Form

Grievance

Discrimination Based on Disability

It is the policy of the Office of the Comptroller to provide assistance in filling out this form. If assistance is needed, please ask:

ADA Coordinator – Office of the Comptroller

325 West Adams Street

Springfield, Illinois 62706

217/782-6000 (Voice) – 217/782-1308 (TTD)

Name:

Address:

City, State and Zip Code:

Telephone No.:

The Best Means and Time for Contacting:

Program, Service, or Activity to which Access was Denied or in which Alleged

Discrimination Occurred:

Nature of Alleged Discrimination:

(Attach additional sheets, if necessary.)

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

Signature

Date

Please give to the ADA Coordinator at the address listed above.

For Office Use Only

Date Received: ____________________ By: __________________________________

Chapter XXIX Illinois Council on Developmental Disabilities

Part 800 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 800.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Council on Developmental Disabilities, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Council to foster open communication with all individuals requesting readily accessible programs, services and activities. The Council encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a grievance on the form set out in Appendix A.

"Council" means the Illinois Council on Developmental Disabilities created by 20 ILCS 4010/2006.

"Designated Coordinator" is the person appointed by the Director of the Council who is responsible for coordination of efforts of the Council to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants. The Designated Coordinator for the Council can be contacted at the Illinois Council on Developmental Disabilities, 830 South Spring, Springfield, Illinois 62704, (217)782-9696 (voice) or (888)261-2717 (TTY). (See 28 CFR 35.107.)

"Director" means the Director of the Illinois Council on Developmental Disabilities.

"Disabilities" shall have the meaning set forth in the Americans With Disabilities Act.

"Grievance" is any complaint under the ADA that is reduced in writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Council and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Council or has been subject to discrimination by the Council.

"Grievance Form" means the form set out in Appendix A. The Grievance Form is prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, phone number, nature of the grievance, with specificity, including date of incident, time place and witnesses if applicable.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.30 Grievances (repealed)

History

Source: Repealed at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.40 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 800.50 and 800.60. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or Final Level described in Sections 800.50 and 800.60.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Designated Coordinator given in the grievance procedure.

c) The Council shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.50 Designated Coordinator Level

a) If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form. The Grievance Form must be completed in full in order to receive proper consideration by the Designated Coordinator.

b) Upon request, assistance in completing the Grievance Form shall be provided by the Council.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and the Director within 15 business days after receipt of the Grievance Form.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.60 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the Director shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director may include written reasons for that disapproval or modification.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.70 Accessibility

The Council shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 800.80 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Council. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 800.APPENDIX A Grievance Form

Grievance

Discrimination Based on Disability

It is the policy of the Illinois Council on Developmental Disabilities to provide assistance in filling out this form. If assistance is needed, please ask:

ADA Coordinator − Illinois Council on Developmental Disabilities

830 South Spring Street

Springfield, Illinois 62704

(217)782-9696 (Voice)

(888)261-2717 (TTY)

Name:

Address:

City, State and Zip Code:

Telephone No.:

The Best Means and Time for Contacting:

Program, Service, or Activity to which Access was Denied or in which Alleged

Discrimination Occurred:

Nature of Alleged Discrimination:

(Attach additional sheets, if necessary. If the grievance is based on a denial of requested reasonable modification, please fill out the back of this form.)

I certify that I am qualified or otherwise eligible to participate in the program, service or activity and the above statements are true to the best of my knowledge and belief.

Signature

Date

Please give to the ADA Coordinator at the address listed above.

For Office Use Only

Date Received:________________________________ By:__________________

(BACK OF FORM)

Please fill out this part of the form if this grievance is based upon the denial of a requested reasonable modification. A reasonable modification will be made to make programs, services, and activities accessible. Reasonable modifications could include such things as providing auxiliary aides and devices and changing some policies and requirements to allow an individual with a disability to participate. This portion of the form should be filled in to the extent you know the answers. The form may be submitted even if this portion is incomplete.

Reasonable Modification Requested:

The Date the Reasonable Modification was Requested:

The Person to whom the Request was made:

The Reason for Denial:

Estimated Cost of Modification (If an Assistive Device, such as a TTY or optical reader, or Commodity or Service to which a Cost is Readily Known):

Why is the requested modification necessary to use or participate in the program, service, or activity?

Alternative modifications which may provide accessibility:

Any other information you believe will aid in a fair resolution of this grievance.

History

Source: Amended at 32 Ill. Reg. 3232, effective February 25, 2008

4 Ill. Adm. Code 825.10 Purpose

a) This Part establishes the grievance procedure required by 28 CFR 35.107, adopted pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) requiring the adoption of a procedure to resolve grievances asserted by qualified individuals with disabilities. Interested parties may contact the ADA Coordinator to review the ADA or its regulations to understand the rights, privileges, and remedies afforded by it.

b) In general, the ADA requires that each program, service, and activity offered by the Department of State Police, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Department to foster open communications with all individuals requesting readily-accessible programs, services, and activities. The Department encourages supervisors of programs, services, and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 825.20 Definitions

"ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"ADA Coordinator" means the person appointed by the Director of the Department to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA, including any investigation of grievances filed by complainants. The ADA Coordinator may be contacted at Department of State Police, ADA Coordinator, 3700 East Lake Shore Drive, Springfield, Illinois 62712, 217/782-1282 (voice), 800/255-3323 (TDD). (See 28 CFR 35.107.)

"Complainant" means a qualified individual with a disability who files a grievance on the grievance form provided by the Department.

"Department" means the Illinois Department of State Police.

"Director" means the Director of the Department of State Police or a duly authorized designee.

"Disability" shall have the same meaning as set forth in the ADA.

"Grievance" means any written complaint under the ADA by an individual with a disability who meets the eligibility requirements for participation in, or receipt of, the benefits of a program, activity, or service offered by the Department and who believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department, or who has been subjected to discrimination by the Department on the basis of his or her disability.

"Grievance Form" means the form prescribed by the Department for the purpose of filing a grievance under this Part and includes information such as name, address, telephone number, nature of the grievance, with specificity, including date of incident, time, and place and witnesses, if applicable.

4 Ill. Adm. Code 825.30 Grievances

a) The Department will endeavor to respond to and resolve grievances without the need to resort to the formal grievance procedure established by this Part. However, grievances must be submitted within 180 calendar days after the alleged discrimination and in accordance with procedures established in Sections 825.40, 825.50, and 825.60 of this Part.

b) The Department shall, upon being informed of an individual's request for a form or desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

c) It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the ADA Coordinator's and/or the Final Review described in Sections 825.50 and 825.60 of this Part.

d) A complainant's failure to submit a Grievance Form, or to submit or appeal it to the next level of review within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the Department's last response as given in the grievance procedure.

e) A complainant must exhaust the remedies provided under this Part as a prerequisite for filing any action before a court or other administrative body.

4 Ill. Adm. Code 825.40 Manner of Filing

a) The filing of a grievance is accomplished by the complainant's submission of a Grievance Form to the ADA Coordinator.

b) If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the date of the alleged discrimination, submit a grievance to the ADA Coordinator on the Grievance Form prescribed for that purpose.

c) In order to be deemed filed and to receive proper consideration by the Department, the Grievance Form must be completed in full, except as otherwise indicated on the form. The ADA Coordinator will notify the complainant, within 10 business days after the receipt of the form, if the filing is not complete.

d) Upon request, the Department shall assist an individual in completing the Grievance Form.

Chapter II Illinois State Police

Part 825 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 825.50 Ada Coordinator Review

The ADA Coordinator or his/her representative shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 825.60 Final Review

a) If the grievance is not resolved pursuant to Section 825.50 of this Part to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Director for Final Review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the ADA Coordinator's written response, within 15 business days after service of the ADA Coordinator's response. Service is deemed complete five business days after mailing.

b) The Director will extend the period for submitting the review request and supporting documents for up to five additional days upon complainant's request.

c) Within 15 business days after receipt of the complainant's request to the Director for Final Review, the Director shall appoint a three-member panel to evaluate the grievance. The Director shall designate one panel member as chair. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last panel member is appointed.

d) The complainant shall be afforded an opportunity to appear before the panel. The complainant shall have the right to appoint a representative to appear on his or her behalf. The panel shall review the complainant's Grievance Form and the ADA Coordinator's written response, and may conduct interviews and seek advice as it deems appropriate.

e) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (c), the panel shall make written recommendations to the Director regarding the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign his or her recommendation.

f) Within 15 business days after receipt of the panel's recommendations, the Director shall approve, disapprove, or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director shall include written reasons for such disapproval or modification.

g) The Grievance Form, the ADA Coordinator's response, the complainant's statement of the reasons for dissatisfaction, the panel's recommendations, and the Director's decision shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

Chapter II Illinois State Police

Part 825 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 825.70 Accessibility

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 825.80 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program, or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service, or activity, or cause undue hardship for the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXXI Guardianship and Advocacy Commission

Part 850 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 850.10 Definitions

"ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101).

"Commission" means the Illinois Guardianship and Advocacy Commission.

"Complainant" means an individual with a disability who files a grievance form provided by the Commission in accordance with this Part.

"Designated Coordinator" means the person(s) appointed by the Director of the Illinois Guardianship and Advocacy Commission who is/are responsible for the coordination of efforts of the Commission to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at State of Illinois Building, 160 N. LaSalle St., Suite S-500, Chicago IL 60601.

"Director" means the Director of the Illinois Guardianship and Advocacy Commission or his or her duly authorized representative.

"Grievance" means any formal, written complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Commission and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Commission or has been subject to discrimination by the Commission on the basis of his or her disability.

"Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for receipt of services or the participation in programs or activities provided by the Commission.

"Working days" means Monday through Friday, excluding Saturday, Sunday, and State holidays.

History

Source: Amended at 24 Ill. Reg. 15055, effective October 2, 2000

4 Ill. Adm. Code 850.20 Purpose

a) This ADA Grievance Procedure ("Procedure") is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107 (1991)), requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Commission, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Commission to foster open communication with all individuals requesting readily accessible programs, services and activities. The Commission encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances. Upon the filing of a formal written grievance, it is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.

History

Source: Amended at 24 Ill. Reg. 15055, effective October 2, 2000

4 Ill. Adm. Code 850.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 850.40 and 850.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer, at the Designated Coordinator and Final Levels.

b) A Complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the Complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Commission's final response.

c) The Commission shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 850.40 Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 90 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the grievance form prescribed for that purpose. The grievance form must be completed in full in order to receive proper consideration by the Designated Coordinator, and shall include:

the Complainant's name, address and telephone number;
the best means and time for contacting the Complainant;
the program, activity or service which was denied the Complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination; and
the signature of the Complainant.

b) Upon request, assistance shall be provided by the Commission to complete the grievance form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the Complainant and Director within 25 working days after receipt of the grievance form.

4 Ill. Adm. Code 850.50 Final Level

a) If the grievance is not resolved to the satisfaction of the Complainant at the Designated Coordinator Level, the Complainant may submit a copy of the grievance form and Designated Coordinator's response to the Director of the Commission for final review. The Complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 5 working days after receipt by the Complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairperson.

c) The Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as the panel deems appropriate. The panel shall not be bound by the rules of evidence or procedure, but shall conduct the proceedings in a manner intended to ensure a full and fair review.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the panel's recommendations, shall render a decision on the recommendations in writing, shall state the basis for the decision, and shall cause a copy of the decision to be given by personal delivery or by first class mail, to the Complainant. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director shall include written reasons for disapproval or modification.

f) The grievance form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160], or as otherwise required by law.

History

Source: Amended at 24 Ill. Reg. 15055, effective October 2, 2000

4 Ill. Adm. Code 850.60 Accessibility

The Commission shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 850.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements; the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Commission. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainant should rely.

Chapter XXXII Department of Revenue

Part 875 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 875.10 Applicability

This Part applies to all offices of the Illinois Department of Revenue.

4 Ill. Adm. Code 875.20 Purposes

a) The Americans With Disabilities Act Grievance Procedure (hereinafter referred to as "Procedure") is established pursuant to the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. (hereinafter referred to as "ADA") and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Department of Revenue (hereinafter referred to as "Department"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 875.30 Definitions

"Complainant" is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

"Department" means the Illinois Department of Revenue.

"Designated Coordinator" is the person appointed by the Department Director who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at The Illinois Department of Revenue, Attn: Personnel Manager, 101 W. Jefferson Street, Springfield, IL 62794. See 28 CFR 35.107.

4 Ill. Adm. Code 875.40 Procedure

a) Grievances must be submitted through the channels defined below in the form and manner as described within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the Complainant and the Designated Coordinator, at the Designated Coordinator Level, or the Complainant and panel chairperson at the Final Level.

c) Upon being informed by an individual that the individual desires to file a formal grievance, the Department shall provide the individual with a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 875.50 Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the Grievance Form. The Grievance Form must be completed in full in order to receive proper consideration by the Designated Coordinator.

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the Complainant and Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 875.60 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the Complainant, the Complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Department for final review. The Complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the Complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairperson of the panel. The Designated Coordinator, or any representative of the Designated Coordinator, who conducted the investigation at the Designated Coordinator Level, may not be a member of the panel.

c) The Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. Such appearance before the panel shall be an informal meeting to discuss the matter at issue. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign such recommendation.

e) Upon receipt of recommendations from the panel, the Director shall approve, disapprove or modify the panel's recommendations, rendering a decision thereon in writing that states the basis for the decision, and cause a copy of the decision to be served on the Complainant. If the Director disapproves or modifies the panel's recommendations, the Director shall in the written decision state the reasons for such disapproval or modification. The Director's decision shall be the final decision of the Department on the grievance.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 875.70 Accessibility

The Department shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities. The Designated Coordinator shall keep on file a copy of the ADA and its regulations for review at the Department's offices by any individual who requests to review them. The Designated Coordinator or representative shall be available on reasonable notice to answer questions with respect to the rights, privileges and remedies afforded by the ADA and its regulations.

4 Ill. Adm. Code 875.80 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainant should rely.

Chapter XXXIII Illinois Educational Labor Relations Board

Part 900 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 900.10 Purpose

a) This Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990, 42 USC Section 12101 et seq., and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Educational Labor Relations Board (Board), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 900.20 Definitions

a) Complainant

A complainant is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

b) Designated Coordinator

The Designated Coordinator is the persons appointed by the Chairman of the Board who is/are responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 160 North LaSalle Street, Suite N-400, Chicago, Illinois 60601. See 28 CFR 35.107.

c) Grievance

A grievance is any complaint under the ADA by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Board, and
believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Board or has been subject to discrimination by the Board.

History

Source: Amended at 28 Ill. Reg. 7927, effective May 28, 2004

4 Ill. Adm. Code 900.30 Procedure

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Board's last response.

c) The Board shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 900.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Board to complete the Grievance Form.

4 Ill. Adm. Code 900.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Chairman of the Board for final review. The complainant shall submit these documents to the Chairman, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within five business days after receipt by the complainant of the Designated Coordinator's response.

b) The Chairman shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Chairman as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Chairman in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Chairman shall approve, disapprove or modify the panel's recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Chairman's decision shall be final. If the Chairman disapproves or modifies the panel's recommendations, the Chairman shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Chairman shall be maintained in accordance with the State Records Act [5 ILCS 160], or as otherwise required by law.

History

Source: Amended at 28 Ill. Reg. 7927, effective May 28, 2004

4 Ill. Adm. Code 900.60 Accessibility

The Board shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 900.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Board. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXXIV Illinois Environmental Protection Agency

Part 925 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 925.100 Purpose

a) The Americans With Disabilities Act Grievance Procedure (hereinafter referred to as "Procedure") is established pursuant to the Americans With Disabilities Act of 1990, 42 USC 12101 et seq. (hereinafter referred to as "ADA") and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the Illinois Environmental Protection Agency (hereinafter referred to as "Agency"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Agency to foster open communications with all individuals requesting readily accessible programs, services, and activities. The Agency encourages supervisors of programs, services, and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 925.110 Definitions

a) "Complainant" is an individual with a disability who files a Grievance Form provided by the Agency under this procedure.

b) "Designated Coordinator" is the person(s) appointed by the Agency Director who is/are responsible for the coordination of efforts of the Agency to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at P.O. Box 19276, Springfield, Illinois 62794. See 28 CFR 35.107.

c) "Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity, or service offered by the Agency, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Agency or has been subject to discrimination by the Agency.

4 Ill. Adm. Code 925.120 Procedure

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Agency's last response.

c) The Agency shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 925.130 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Agency to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 925.140 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Agency for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall also sign such recommendation.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove, or modify the panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel recommendations, the Director shall include written reasons for such disapproval or modification.

4 Ill. Adm. Code 925.150 Accessibility

The Agency shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 925.160 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program, or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship on the Agency. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 925.APPENDIX A Grievance Form

GRIEVANCE FORM

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

GRIEVANCE

DISCRIMINATION BASED ON DISABILITY

It is the policy of the Illinois Environmental Protection Agency to provide assistance in filling out this form. If assistance is needed, please ask.

NAME:

ADDRESS:

CITY, STATE AND ZIP CODE

TELEPHONE NO.

VOICE

TDD

The Best Means and Time for Contacting:

Program, Service, or Activity to which Access was Denied or in which Alleged

Discrimination Occurred:

Nature of Alleged Discrimination:

(Attach additional sheets, if necessary. If the grievance is based on a denial of a requested reasonable modification, please fill out the following page.)

I certify that I am qualified or otherwise eligible to participate in the program, service, or activity and the above statements are true to the best of my knowledge and belief.

Signature

Date

Please fill out this part of the form if this grievance is based on the denial of a requested reasonable modification. Reasonable modifications could include such things as providing auxiliary aides and devices and changing some policies and/or requirements to allow an individual with a disability to participate. This form should be filled in to the extent you know the answers. It may be submitted even if incomplete.

Reasonable Modification Requested:

The Date the Reasonable Modification was Requested:

The Person to whom the Request was Made:

The Reason for the Denial:

Estimated Cost of Modification (If an Assistance Device, such as a TDD or Optical Reader, or Commodity, or Service to which a Cost is Readily Known):

Why is the requested modification necessary to use or participate in the program, service, or activity?

Alternative modifications which may provide accessibility:

Any other information you believe will aid in a fair resolution of this grievance:

Please give to the Designated Coordinator of the Americans With Disabilities Program.

For Office Use Only

Date Received: ___________________ By: ___________________________________

Chapter XXXV Illinois Development Finance Authority

Part 950 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 950.10 Purposes

a) This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Development Finance Authority, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Illinois Development Finance Authority to foster open communication with all individuals requesting readily accessible programs, services and activities. The Illinois Development Finance Authority encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 950.20 Definitions

"Complainant" is an individual with a disability who files a Grievance Form provided by the Illinois Development Finance Authority under this procedure.

"Designated Coordinator" is the person(s) appointed by the Illinois Development Finance Authority who is/are responsible for the coordination of efforts of the Illinois Development Finance Authority to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 2 N. LaSalle, Suite 980, Chicago IL 60602. See 28 CFR 35.107.

"Director" means the Executive Director of the Illinois Development Finance Authority.

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act, 42 U.S.C. Section 12101.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Illinois Development Finance Authority, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Illinois Development Finance Authority or has been subject to discrimination by the Illinois Development Finance Authority.

4 Ill. Adm. Code 950.30 Procedure

a) Grievances must be submitted in accordance with procedures established in 950.40 and 950.50 of this Part defined below in the form and manner as described within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Illinois Development Finance Authority given in the grievance procedure.

c) The Illinois Development Finance Authority shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 950.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Illinois Development Finance Authority.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within fifteen (15) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 950.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within fifteen (15) business days after receipt by the complainant of the Designated Coordinator's response.

b) Within fifteen (15) business days, the Director shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman. The panel shall schedule a review of the grievance which shall commence no later than fifteen (15) business days after the last member of the panel is appointed.

d) Upon agreement of at least two (2) of the panel members, but not later than fifteen (15) business days after the review in subsection (b) above, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign such recommendation.

e) Within fifteen (15) business days after receipt of recommendations from a panel, the Director/or designee, shall approve, disapprove or modify the panel recommendations; shall render a decision thereon in writing; shall state the basis therefor; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director may include written reasons for such disapproval or modification.

4 Ill. Adm. Code 950.60 Accessibility

The Illinois Development Finance Authority shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 950.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Illinois Development Finance Authority. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXXVI Board of Higher Education

Part 975 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 975.10 Purposes

a) The Americans With Disabilities Act Grievance Procedure ("Procedure") is established pursuant to the Americans With Disabilities Act of 1990, 42 USC Section 12101 et seq. ("ADA") and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Board, when viewed in its entirety, be readily accessible to and usable by a qualified individual with disabilities.

c) It is the intention of the Board to foster open communications with all individuals requesting readily accessible programs, services and activities. The Board encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 975.20 Definitions

"Board" is the Board of Higher Education.

"Complainant" is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

"Designated Coordinator" is the person appointed by the Executive Director who is responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. See 28 CFR 35.107.

4 Ill. Adm. Code 975.30 Procedure

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Board last response.

c) The Board shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this Procedure and the Grievance Form.

4 Ill. Adm. Code 975.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Board to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Executive Director within ten (10) business days after receipt of the Grievance Form.

4 Ill. Adm. Code 975.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director of the Board for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) The Executive Director shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be the designated chairman.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his or her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

e) Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the Panel recommendations, shall render a decision thereon in writing, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel's recommendations, the Executive Director shall include written reasons for such disapproval or modification.

4 Ill. Adm. Code 975.60 Accessibility

The Department shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 975.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Board. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXXIII Department of Natural Resources

Part 1000 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1000.10 Purpose

a) This Americans With Disabilities Act Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the ADA Coordinator.

4 Ill. Adm. Code 1000.20 Definitions

a) "ADA Coordinator" means the person appointed by the Director who is responsible for the coordination of efforts of the Agency to comply with and carry out its responsibilities under Title II of the ADA including investigation of grievances filed by complainants. The Designated Coordinator can be contacted at One Natural Resources Way, Springfield IL 62702-1271.

b) "Agency" means the Illinois Department of Natural Resources.

c) "Complainant" means an individual with a disability who files a grievance in accordance with this Part.

d) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of the impairment; or being regarded as having such an impairment.

e) "Grievance" means any complaint filed with the Agency by an individual alleging that he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Agency or has been subject to discrimination by the Agency, on the basis of a disability.

f) "Major Life Activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

g) "Physical or Mental Impairment" means any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculosketetal (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

h) "Qualified Individual with a Disability" means an individual with a disability who, with or without reasonable accommodations or modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

i) "Reasonable Accommodation" means modifications or adjustments to services, programs or activities that enable a qualified individual with a disability to participate therein, or enjoy the benefits thereof.

j) "Undue Hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity.

History

Source: Amended at 32 Ill. Reg. 4739, effective March 19, 2008

4 Ill. Adm. Code 1000.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 1000.40 and 1000.50 of this Part, in the form and manner described, and within the specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the Complainant and the Agency.

c) Exhaustion of all administrative remedies provided for in this Part shall be a prerequisite to the filing of a complaint before any court or other administrative tribunal.

d) The Agency shall, upon request, provide an individual with a copy of this Part and a Grievance Form.

4 Ill. Adm. Code 1000.40 Ada Coordinator Level

a) If an individual desires to file a grievance, he or she shall, within 180 days after the alleged discrimination or denial of benefits for any program, service or activity of the Agency, submit a written grievance to the ADA Coordinator.

b) The grievance shall contain the following information:

the Complainant's name, address, and telephone number.
information as to the best time and means for contacting the Complainant.
the exact nature of Complainant's disability, including a signed statement from a physician currently licensed to practice in Illinois.
the program, activity, or service which was denied Complainant, or in which alleged discrimination occurred.
the nature of the denial or alleged discrimination.
an explanation of why the Complainant believes he or she is qualified individual with a disability.
the date the denial or alleged discrimination occurred.
the signature or execution of or on behalf of the Complainant.

c) The Complainant shall attach copies of any documents received from or submitted to the Agency which pertain to the program, activity or service referred to in the grievance.

d) The ADA Coordinator or his or her representative shall investigate the grievance and shall make reasonable efforts to resolve the matter. The Coordinator shall serve the written response upon the Complainant within ten business days after receipt of the grievance. The date of service of the written response shall be considered to be the date of its mailing.

4 Ill. Adm. Code 1000.50 Final Level

a) If the grievance has not been resolved to the satisfaction of the Complainant at the ADA Coordinator level, the Complainant may appeal the matter to the Director of the Agency for final review. The Complainant shall have ten business days from receipt of the ADA Coordinator's response to file an appeal. The date of service of the ADA Coordinator's written response shall be considered the date of its mailing.

b) The Complainant shall submit a copy of the grievance and the ADA Coordinator's response, along with a short written explanation of the reasons for dissatisfaction with the response, to constitute an appeal.

c) The Director shall appoint a 3-member panel to review the grievance at the final level. One member so appointed shall be designated chairman.

d) The Complainant shall be afforded an opportunity, within 30 days after the Director's receipt of the appeal, to appear before the panel and present testimony, written argument or other evidence, and shall have the right to designate a representative to appear on his or her behalf. The Panel shall review the grievance and the evidence presented, and may conduct interviews and seek additional information, evidence and/or advice as it deems appropriate.

e) The panel shall make written recommendations as to approval, disapproval or modification of the ADA Coordinator's decision, and transmit the recommendations to the Director for final decision.

f) The Director shall render a written decision to the Complainant, with a copy to the ADA Coordinator and each panel member, within 45 days after receipt of Complainant's appeal.

g) The grievance, the ADA Coordinator's response and the final decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

History

Source: Amended at 21 Ill. Reg. 8882, effective June 26, 1997

4 Ill. Adm. Code 1000.60 Accessibility

The Agency shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1000.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and, whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Agency. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainants should rely.

Chapter XXXVIII Department of Employment Security

Part 1025 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1025.10 Purposes

a) This Part establishes an Americans With Disabilities Act Grievance Procedure pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Department of Employment Security (Department), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1025.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Department in accordance with this Part.

"Designated Coordinator" is the person appointed by the Department Director to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator for the Department may be contacted at 401 South State Street, Chicago, Illinois 60605 or by telephone at 312-793-9290 (voice); 312-793-9350 (TDD).

"Director", wherever used herein, means the Director of the Illinois Department of Employment Security or the Director's Designee.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Department, or has been subject to discrimination by the Department, on the basis of his or her disability.

4 Ill. Adm. Code 1025.30 Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 1025.40 and 1025.50 of this Part, in the form and manner described, and within specified time limits. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

c) The Department shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

4 Ill. Adm. Code 1025.40 Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the grievance form prescribed for that purpose. The Department shall accept all complete grievance forms under this Section. If the complainant submits an incomplete grievance form, the Department shall notify the complainant and specify the additional information needed to complete the form. If the complainant fails to complete and resubmit the grievance form with the additional information requested within the aforesaid 180 day period, the Department shall close the grievance. The grievance form shall include:

the complainant's name and, if applicable, address and telephone number;
the best means and time for contacting the complainant;
the program, activity or service which was denied complainant or in which alleged discrimination occurred;
the date and nature of the alleged denial or discrimination;
the signature of the complainant.

b) Upon request, assistance shall be provided by the Department to complete the grievance form.

4 Ill. Adm. Code 1025.50 Final Level

a) If the grievance is not resolved to the satisfaction of the complainant at the Designated Coordinator Level, the complainant may submit a copy of the grievance form and Designated Coordinator's response to the Director of the Department for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

c) The Director shall approve, disapprove or modify the recommendations of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

d) The grievance form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5 ILCS 160/1 et seq.] or as otherwise required by law.

4 Ill. Adm. Code 1025.60 Accessibility

The Department shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1025.70 Case-By-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XXXIX Illinois Community College Board

Part 1050 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1050.10 Purpose

a) This Americans With Disabilities Act Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) ("ADA"), and specifically Section 35.107 of the Title II regulations (28 CFR 35), requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges, and remedies afforded by it, please contact the ADA Coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the Board, when viewed in its entirety, be readily accessible to and usable by a qualified individual with disabilities.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

4 Ill. Adm. Code 1050.20 Definitions

"Board" is the Illinois Community College Board.

"Complainant" is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

"ADA Coordinator" is the chief human resource officer of the Board who is responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The ADA Coordinator for the Board may be contacted at 401 E. Capitol Ave., Springfield IL 62701 or by telephone at 217-785-0123. (See 28 CFR 35.107.)

"Disabilities" has the meaning ascribed in the Americans With Disabilities Act.

"Grievance Form" is the form prescribed for use in filing a grievance pursuant to this Part. It includes information such as the complainant's name, address and telephone number; the nature of the grievance, including the date, time and place of the incident; and any witnesses.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

4 Ill. Adm. Code 1050.30 Procedure

a) Grievances must be submitted in accordance with procedures established in 1050.40 and 1050.50, in the form and manner described and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the ADA Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the Board's last response given in the grievance procedure.

c) The Board shall, upon being informed of the individual's desire to make a formal grievance, instruct the individual on the process of filing the grievance.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

4 Ill. Adm. Code 1050.40 Ada Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the ADA Coordinator in writing on the Grievance Form. The Grievance Form must be completed in full to receive proper consideration by the ADA Coordinator.

b) Upon request, assistance shall be provided by the Board to complete the Grievance Form.

c) The ADA Coordinator, or his or her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the complainant and the Executive Director within 15 business days after receipt of the Grievance Form.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

4 Ill. Adm. Code 1050.50 Final Level

a) If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director of the Board for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within five business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the Executive Director shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be the designated chairperson. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) The complainant shall be afforded an opportunity to appear before the panel and shall have a right to appoint a representative to appear on his or her behalf. The panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as it considers appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make a recommendation in writing to the Executive Director as to the proper resolution of the grievance. All such recommendations shall include reasons for the recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a signed recommendation to the Executive Director.

e) Within 15 business days after receipt of recommendations from the panel, the Executive Director shall approve, disapprove or modify the panel recommendations; render a decision on that recommendation in writing; state the basis for his or her action; and cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel recommendations, written reasons for the disapproval or modification shall be included in the Executive Director's written decision.

f) The Grievance Form, the ADA Coordinator's response, the statement of the reasons for dissatisfaction, the recommendation of the panel, and the decision of the Executive Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

4 Ill. Adm. Code 1050.60 Accessibility

The Board shall ensure that all stages of the procedure are accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1050.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity, or cause undue hardship for the Board. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

History

Source: Amended at 41 Ill. Reg. 10455, effective July 31, 2017

Chapter XL Office of Public Counsel

Part 1075 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1075.10 Purpose

a) This Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. If an individual desires to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of Public Counsel, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the Office of Public Counsel to foster open communication with all individuals requesting readily accessible programs, services and activities. The Public Counsel encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 1075.20 Definitions

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office of Public Counsel under this procedure.

"Designated Coordinator" is the person appointed by the Public Counsel who is responsible for the coordination of efforts of the Office of Public Counsel to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator can be contacted at 100 W. Randolph, Suite 11-300, Chicago IL 60601. (See 28 CFR 35.107)

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office of Public Counsel, and who believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Office of Public Counsel or has been subject to discrimination by the Office of Public Counsel.

4 Ill. Adm. Code 1075.30 Procedure

a) Grievances shall be submitted in accordance with procedures established in Section 1075.40 and 1075.50 of this Part defined below in the form and manner described, and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer at the Designated Coordinator Level and the Final Level.

c) The Office of Public Counsel shall, upon being informed of that individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1075.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Office of Public Counsel.

c) The Designated Coordinator, or his or her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and the Public Counsel within fifteen (15) days after receipt of the Grievance Form.

4 Ill. Adm. Code 1075.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Public Counsel for final review. The complainant shall submit these documents to the Public Counsel, together with a short written statement explaining the reason or reasons for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the complainant of the Designated Coordinator's response.

b) Within fifteen (15) days, the Public Counsel shall appoint a three-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairperson. The panel shall schedule a review of the grievance which shall commence no later than fifteen (15) days after the last member of the panel is appointed.

c) Complainant shall be allowed to appear before the panel. Complainant shall have the right to appoint a representative to appear on his or her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two (2) of the panel members, but not later than fifteen (15) days after the review in subsection (b) above, the panel shall make recommendations in writing to the Public Counsel as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Public Counsel in writing and shall sign such recommendation.

e) Within ten (10) days after receipt of recommendations from a panel, the Public Counsel, or designee, shall approve, disapprove or modify the panel recommendation; shall render a decision thereon in writing; shall state the basis therefor; and shall cause a copy of the decision to be served on the parties. The Public Counsel's decision shall be final. If the Public Counsel disapproves or modifies the panel recommendations, the Public Counsel may include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendation of the panel and the decision of the Public Counsel shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

4 Ill. Adm. Code 1075.60 Accessibility

The Office of Public Counsel shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1075.70 Case-by-Case Resolution

Each grievance involves a unique set of factors, which includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office of Public Counsel. Accordingly, termination of a grievance at any Level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XLII Auditor General

Part 1125 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1125.10 Purpose

a) The Americans With Disabilities Act Grievance Procedure (Procedure) is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA), and specifically section 35.107 of the Title II regulations (28 CFR 35), requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the ADA Coordinator.

b) In general, the ADA requires that each program, service and activity offered by The Office of the Auditor General (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intent of the Office to foster open communication with all individuals requesting ready access to programs, services and activities. The Office encourages directors of programs, services and activities to respond to requests for modifications before they become grievances.

History

Source: Amended at 33 Ill. Reg. 5371, effective April 6, 2009

4 Ill. Adm. Code 1125.20 Definitions

"Complainant" is an individual with a disability who files a grievance form provided by the Office in accordance with this Part.

"ADA Coordinator" is the person appointed by the Auditor General to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants. The ADA Coordinator may be contacted at the Office of the Auditor General, 740 E. Ash Street, Springfield, Illinois 62703 or by telephone at 217/782-6046 (voice), 888/261-2887 (TTY).

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment; or being regarded as having such an impairment.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Office, and who believes she or he has been excluded from participation in or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office on the basis of her or his disability.

"Office" means the Office of the Auditor General.

History

Source: Amended at 33 Ill. Reg. 5371, effective April 6, 2009

4 Ill. Adm. Code 1125.30 Procedure

a) Grievances must be submitted through the channels defined below, in the form and manner described, and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the ADA Coordinator and Final Levels.

c) Upon being informed by an individual that the individual desires to file a formal grievance, the Office shall provide the individual with a copy of this procedure and the grievance form.

d) A complainant may use the assistance of an advocate in any stage of the grievance procedure.

History

Source: Amended at 33 Ill. Reg. 5371, effective April 6, 2009

4 Ill. Adm. Code 1125.40 Review at the Ada Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the ADA Coordinator in writing on the prescribed grievance form. The grievance form must be completed in full in order to receive proper consideration by the ADA Coordinator.

b) Upon request, assistance shall be provided by the Office to complete the grievance form.

c) The ADA Coordinator, or her or his representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the Complainant and the Auditor General within 10 business days after receipt of the grievance form.

History

Source: Amended at 33 Ill. Reg. 5371, effective April 6, 2009

4 Ill. Adm. Code 1125.50 Review at the Final Level

a) If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and the ADA Coordinator's response to the Auditor General for final review within 10 days after receipt of the ADA Coordinator's written response. The ADA Coordinator's written response is deemed received by complainant 5 business days after mailing. The complainant shall submit these documents to the Auditor General, together with a short written statement explaining the reasons for dissatisfaction with the ADA Coordinator's written response. The Auditor General will extend the period for submitting the review request and supporting documents for up to 10 additional days upon complainant's request.

b) The Auditor General shall appoint a 3 member panel to review the grievance at the Final Level (the Review Panel). One member so appointed shall be designated chairperson. The ADA Coordinator, or any representative of the ADA Coordinator, who conducted the investigation at the ADA Coordinator Level, may not be a member of the Review Panel.

c) The complainant shall be afforded an opportunity to appear before the Review Panel. The Review Panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) The Review Panel shall approve, disapprove or modify the recommendation of the ADA Coordinator, shall render a decision on the recommendation in writing within 30 days, shall state the basis of the decision, and shall cause a copy of the decision to be served on the parties. The Review Panel's decision shall be final. If the Review Panel disapproves or modifies the ADA Coordinator's recommendations, the Review Panel shall include written reasons for disapproval or modification.

e) The grievance form, the ADA Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act [5 ILCS 160], or as otherwise required by law.

History

Source: Amended at 33 Ill. Reg. 5371, effective April 6, 2009

4 Ill. Adm. Code 1125.60 Accessibility Policy

The Office shall ensure that all stages of the grievance procedures are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1125.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XLIII Department of Human Rights

Part 1150 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1150.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35.107, requiring the adoption of a procedure to resolve grievances asserted by qualified individuals with disabilities. Interested parties may contact the ADA Coordinator to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it.

b) In general, the ADA requires that each program, service and activity offered by the Department of Human Rights (Department), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1150.20 Definitions

"ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"ADA Coordinator" means the person appointed by the Director of the Department to coordinate the Department's efforts to comply with and carry out its responsibilities under Title II of the ADA, including any investigation of grievances filed by Complainants. The ADA Coordinator may be contacted at Department of Human Rights, ADA Coordinator, 222 South College, Room 101A, Springfield IL 62704. (See 28 CFR 35.107.)

"Complainant" means a qualified individual with a disability who files a Grievance Form provided by the Department.

"Department" means the Illinois Department of Human Rights.

"Director" means the Director of the Department or a duly authorized designee.

"Disability" shall have the same meaning as set forth in the ADA.

"Grievance" means any written complaint under the ADA by an individual with a disability who meets the eligibility requirements for participation in, or receipt of, the benefits of a program, activity or service offered by the Department and who believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Department, or who has been subject to discrimination by the Department.

"Grievance Form" means the form prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, telephone number, nature of the grievance, with specificity, including date of incident, time, place and witnesses if applicable.

4 Ill. Adm. Code 1150.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1150.40 and 1150.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the ADA Coordinator and/or the Final Reviews described in Sections 1150.40 and 1150.50.

b) A Complainant's failure to submit a Grievance Form, or to submit or appeal it to the next level of review within the specified time limits, shall mean that the Complainant has withdrawn the grievance or has accepted the Department's last response as given in the grievance procedure.

c) A Complainant must exhaust the remedies provided under this Part as a prerequisite for filing any action before a court or other administrative body.

d) The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1150.40 Ada Coordinator Review

a) If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the date of the alleged discrimination, submit a grievance to the ADA Coordinator on the Grievance Form prescribed for that purpose. The Grievance Form must be completed in full in order to receive proper consideration by the ADA Coordinator.

b) Upon request, the Department shall assist an individual in completing the Grievance Form.

c) The ADA Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the Complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1150.50 Final Review

a) If the grievance is not resolved pursuant to Section 1150.40 of this Part to the satisfaction of the Complainant, the Complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Director for final review. The Complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the ADA Coordinator's written response, within 10 business days after service of the ADA Coordinator's response. Service is deemed complete 5 business days after mailing.

b) Within 15 business days after receipt of the Complainant's request to the Director for final review, the Director shall appoint a three-member panel to evaluate the grievance. The Director shall designate one panel member as chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last panel member is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have the right to appoint a representative to appear on his or her behalf. The panel shall review the Complainant's Grievance Form and the ADA Coordinator's written response, and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make written recommendations to the Director regarding the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign his or her recommendation.

e) Within 15 business days after receipt of the panel's recommendations, the Director shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director shall include written reasons for such disapproval or modification.

f) The Grievance Form, the ADA Coordinator's response, the Complainant's statement of the reasons for dissatisfaction, the panel's recommendations, and the Director's decision shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1150.60 Accessibility

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1150.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity, or cause undue hardship for the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainants should rely.

Chapter XLV State Board of Education

Part 1300 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1300.10 Purpose

a) This Part establishes a procedure for use in resolving grievances asserted by qualified individuals with disabilities, pursuant to the Americans With Disabilities Act of 1990 (ADA) (42 USC 12101 et seq.) and its implementing regulations at 28 CFR 35.107. Any individual who desires to review the ADA or its implementing regulations in order to understand the rights, privileges, and remedies afforded by the Act may contact the designated coordinator.

b) In general, the ADA requires that each program, service, and activity offered by the State Board of Education, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the State Board of Education to foster open communication with all individuals who request readily accessible programs, services, and activities. The State Board encourages the supervisors of the Board's programs, services, and activities to respond to requests for modifications before grievances arise.

4 Ill. Adm. Code 1300.20 Definitions

A "complainant" is an individual with a disability who files a grievance form provided by the State Board of Education under this Part.

The "designated coordinator" is the person or persons appointed by the State Superintendent of Education to be responsible for coordinating the State Board's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants. The designated coordinator for the State Board of Education can be contacted at 100 North First Street, Springfield , Illinois 62777.

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

A "grievance" is any complaint under the ADA that is reduced to writing by or on behalf of an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity, or service offered by the State Board of Education and who believes that he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the State Board or that he or she has been subject to discrimination by the State Board.

A "grievance form" is the form prescribed for use in filing a grievance pursuant to this Part. It includes information such as the complainant's name, address, and telephone number; the nature of the grievance, including the date, time, and place of the incident; and any witnesses.

4 Ill. Adm. Code 1300.30 Applicability of Procedure

a) To be eligible for consideration, each grievance shall be submitted in accordance with the procedure established in Sections 1300.40 and 1300.50 of this Part.

b) A complainant's failure to submit a grievance or to appeal it to the next level for consideration within the applicable time limit shall be deemed a withdrawal of the grievance or the complainant's acceptance of the response most recently given by the State Board of Education under the grievance procedure.

c) Upon becoming aware that an individual has a complaint or wishes to file a formal grievance, staff of the State Board of Education shall instruct the individual how to receive information about the procedure established under this Part and a copy of the grievance form.

4 Ill. Adm. Code 1300.40 Designated Coordinator's Level

a) Each individual who wishes to submit a grievance shall complete a grievance form and submit it to the designated coordinator for the State Board of Education no later than 180 days after the occurrence of the alleged instance of discrimination.

b) The designated coordinator shall provide such assistance as may be necessary to help individuals avail themselves of the grievance process, including assisting in completing the grievance form if requested to do so. Incomplete grievance forms shall not be considered.

c) The designated coordinator or a representative shall investigate the grievance and shall make reasonable efforts to resolve it if it is found to be valid. The designated coordinator shall provide a written response to the complainant and to the State Superintendent of Education within 15 days after receipt of a completed grievance form.

4 Ill. Adm. Code 1300.50 Final Level

a) If a grievance is not resolved to the complainant's satisfaction by the actions taken at the designated coordinator's level under Section 1300.40 of this Part, the complainant may submit a copy of the grievance form and the designated coordinator's response to the State Superintendent of Education for review. These documents shall be submitted within 15 days after the complainant's receipt of the designated coordinator's response and shall be accompanied by a brief written explanation of the complainant’s dissatisfaction.

b) Within 15 days after receipt of a request for review, the State Superintendent shall appoint a three-member panel to review the grievance at the final level. One of the appointed members shall serve as chairperson of the panel. The panel shall schedule a review of the grievance to begin no later than 15 days after the last member of the panel is appointed.

c) The complainant shall be afforded an opportunity to appear before the panel and shall have the right to appoint a representative to appear on his or her behalf. The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but no later than 15 days after completion of the panel's review, the panel shall make recommendations in writing to the State Superintendent as to the proper resolution of the grievance. All recommendations shall include the panel's rationale and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a separate recommendation to the State Superintendent in writing and shall sign any such recommendation.

e) Within 15 days after receipt of a panel's recommendations, the State Superintendent or his or her designee shall approve, disapprove, or modify the panel's recommendations; shall render a decision in writing; shall state the basis for the decision; and shall cause a copy of the decision to be served on the parties. The State Superintendent's decision shall be final.

f) The grievance form, the designated coordinator's response, the complainant's statement of his or her reasons for dissatisfaction, the recommendations of the panel, and the decision of the State Superintendent shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1300.60 Accessibility

The State Board of Education shall ensure that all stages of the procedure set forth in this Part are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1300.70 Case-by-Case Resolution

Each grievance involves a unique set of factors. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainant should rely.

Chapter XLVI Illinois Student Assistance Commission

Part 1400 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1400.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Student Assistance Commission (ISAC), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of ISAC to foster open communication with all individuals requesting readily accessible programs, services and activities. ISAC encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 1400.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by ISAC under this procedure.

"Designated Coordinator" is the person designated by ISAC to be responsible for the coordination of efforts of ISAC to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at Office of the General Counsel, Illinois Student Assistance Commission, 1755 Lake Cook Road, Deerfield IL 60015. (See 28 CFR 35.107.)

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

"Executive Director" means the Executive Director of ISAC.

"ISAC" means the Illinois Student Assistance Commission.

4 Ill. Adm. Code 1400.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1400.40 and 1400.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Section 1400.50.

c) ISAC shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1400.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by ISAC.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Executive Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1400.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the Executive Director shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Executive Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Executive Director in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Executive Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or decision; and shall cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel's recommendations, the Executive Director may include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Executive Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1400.60 Accessibility

ISAC shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1400.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on ISAC. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XLVII Department of Labor

Part 1500 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1500.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Department of Labor, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1500.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Department of Labor under this procedure.

"Director" means the Director of the Department of Labor.

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department of Labor and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Department or has been subject to discrimination by the Department.

4 Ill. Adm. Code 1500.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1500.40 and 1500.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Section 1500.50.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Department of Labor given in the grievance procedure.

c) The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1500.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Department of Labor.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1500.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after the Designated Coordinator's response.

b) Within 15 business days after receiving complainant's request for final review, the Director shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

d) Upon agreement of at least two of the panel members, the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. The recommendation shall be made 15 business days after the review commenced as described in subsection (b). All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign the recommendation.

4 Ill. Adm. Code 1500.60 Accessibility

The Department of Labor shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1500.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department of Labor. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XLIX Illinois Racing Board

Part 1625 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1625.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Illinois Racing Board (Board), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1625.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Board" means the Illinois Racing Board.

"Complainant" is an individual with a disability who files a Grievance Form provided by the Board under this procedure.

"Designated Coordinator" is the person appointed by the Executive Director who is responsible for the coordination of efforts of the Board to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 100 W. Randolph St., Suite 11-100, Chicago, Illinois 60601. (See 28 CFR 35.107.)

"Executive Director" means the Executive Director of the Illinois Racing Board.

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of that individual; a record of the impairment; or being regarded as having an impairment.

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes information such as name, address, phone number, and nature of the grievance, with specificity, including date of incident, time, place and witnesses, if applicable.

4 Ill. Adm. Code 1625.30 Procedure

a) Grievances must be submitted in accordance with the steps and time limits set forth in Sections 1625.40 and 1625.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and Final Levels described in Section 1625.50.

c) The Board shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1625.40 Designated Coordinator Level

b) Upon request, assistance shall be provided by the Board to complete the Grievance Form.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Executive Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1625.50 Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the Executive Director shall appoint a 3-member panel to review the grievance at the Final Level. One member so appointed shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) The complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on his/her behalf. The panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon reaching a concurrence, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Executive Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Executive Director in writing and shall also sign the recommendation.

e) Within 15 business days after receipt of recommendations from the panel, the Executive Director shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel's recommendations, the Executive Director shall include written reasons for such disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the recommendations of the panel, and the decision of the Executive Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1625.60 Accessibility

The Board shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1625.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Board. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter L State Universities Retirement System

Part 1650 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1650.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the State Universities Retirement System, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of the System to foster open communication with all individuals requesting readily accessible programs, services and activities. The System encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 1650.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the State Universities Retirement System under this procedure.

"Designated Coordinator" is the person appointed by the System who is responsible for the coordination of efforts of the System to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at 1901 Fox Drive, Champaign IL 61820. (See 28 CFR 35.107.)

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

"Executive Director" means the Executive Director of the State Universities Retirement System.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the State Universities Retirement System and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the System or has been subject to discrimination by the System.

4 Ill. Adm. Code 1650.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1650.40 and 1650.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Section 1650.50.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the State Universities Retirement System given in the grievance procedure.

c) The System shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1650.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the State Universities Retirement System.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Executive Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1650.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Executive Director for final review. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Executive Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Executive Director in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Executive Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his/her decision; and shall cause a copy of the decision to be served on the parties. The Executive Director's decision shall be final. If the Executive Director disapproves or modifies the panel's recommendations, the Executive Director may include written reasons for such disapproval or modification.

4 Ill. Adm. Code 1650.60 Accessibility

The State Universities Retirement System shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1650.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the State Universities Retirement System. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 1660.10 Purpose

a) This Americans With Disabilities Act Grievance Procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations (28 CFR 35) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the ADA Coordinator of the Department of Innovation and Technology. An individual may contact the ADA Coordinator by e-mail at: DoIT.ADA@Illinois.gov or by mail at:

Attn: ADA Coordinator

120 West Jefferson Street

Springfield, Illinois 62702

c) It is the Department's intention to foster open communication with all individuals requesting readily accessible programs, services, and activities. The Department encourages supervisors of programs, services, and activities to respond to requests for reasonable accommodations before they become grievances.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

"ADA Coordinator" means the person appointed by the Secretary who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the Act, including investigation of grievances filed by complainants. (See 28 CFR 35.107.)

"Complainant" means an individual with a disability who files a grievance with the Department pursuant to the provisions of this Part.

"Department" means the Illinois Department of Innovation and Technology.

"Disability" shall have the same meaning ascribed in the Act.

"Grievance" means any complaint under the ADA that is reduced to writing by an individual with a disability who:

meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department; and

believes they have:

been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department; or

been subject to discrimination by the Department.

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes, but is not limited to, the name, address, e-mail address, and telephone number of the complainant; date of incident; a short factual statement of the grievance; identification of any witnesses; and the relief requested, if applicable.

"Procedure" means the Americans With Disabilities Act Grievance Procedure set forth in this Part.

"Qualified Individual With a Disability" shall have the same meaning ascribed in the Act.

"Secretary" means the Secretary of the Illinois Department of Innovation and Technology or anyone to whom the Secretary's responsibilities and authority are lawfully delegated.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.30 Procedure

a) Grievances must be submitted in accordance with and follow the procedures set forth in Section 1660.40 and Section 1660.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the ADA Coordinator and Final Levels.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response given in the grievance procedure as the Department's last response.

c) The Department shall, upon being informed of the complainant's desire to file a formal grievance:

instruct the individual how to receive a copy of this procedure; and
provide a Grievance Form.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.40 ADA Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the ADA Coordinator in writing on the Grievance Form prescribed for that purpose. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request. The Grievance Form must be completed in full to receive proper consideration by the ADA Coordinator.

b) Upon request, assistance shall be provided by the Department to complete the Grievance Form.

c) The ADA Coordinator, or their representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The ADA Coordinator shall provide a written response to the complainant and the Secretary within 15 business days after receipt of the Grievance Form.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.50 Final Level

a) If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Secretary for final review. The complainant shall submit these documents to the Secretary, together with a short written statement explaining the reason for dissatisfaction with the ADA Coordinator's written response, within 15 business days after receipt by the complainant of the ADA Coordinator's response.

b) Within 15 business days of receipt of the appeal to the Secretary, the Secretary shall appoint a three-member panel to review the grievance at the Final Level. One member shall be the ADA Coordinator. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) The complainant shall be afforded an opportunity to appear before the panel. The complainant shall have a right to appoint a representative to appear on behalf of the complainant. The panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as deemed appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsections (b) and (c), the panel shall make a recommendation to the Secretary as to a proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signature of the concurring panel members. A dissenting member of the panel may make a recommendation to the Secretary and shall sign the recommendation.

e) Within 15 business days after receipt of the recommendation from the panel, the Secretary shall approve, disapprove, or modify the panel's recommendations, render a decision on those recommendations in writing, state the basis for the decision, and cause a copy of the decision to be served on the parties. The Secretary's decision shall be final. If the Secretary disapproves or modifies the panel's recommendations, the Secretary shall include written reasons for disapproval or modification.

f) The Grievance Form, the ADA Coordinator's response, the complaint's statement of reasons for dissatisfaction, the recommendations of the panel, and the decision of the Secretary shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

Chapter LII Department of Innovation and Technology

Part 1660 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1660.60 Accessibility

The Department shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1660.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes, but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program, or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship on the Department. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

History

Source: Amended at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.80 ADA Notice

A public notice shall be posted informing applicants, participants, beneficiaries, and other interested persons of the services, programs, or activities of the Department and the Department's compliance with:

a) the Americans With Disabilities Act; and

b) as appropriate, the applicable provisions of Section 504 of the Rehabilitation Act (29 U.S.C. 794).

History

Source: Added at 49 Ill. Reg. 14979, effective November 6, 2025

4 Ill. Adm. Code 1660.EXHIBIT A Grievance Form (Repealed)

History

Source: Repealed at 49 Ill. Reg. 14979, effective November 6, 2025

Chapter LX Department of Public Health

Part 1700 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1700.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Department of Public Health, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1700.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Department of Public Health under this procedure.

"Director" means the Director of the Department of Public Health.

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the Department of Public Health and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Department or has been subject to discrimination by the Department.

4 Ill. Adm. Code 1700.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1700.40 and 1700.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Section 1700.50.

b) A complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Department of Public Health given in the grievance procedure.

c) The Department shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1700.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Department of Public Health.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1700.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign the recommendation.

4 Ill. Adm. Code 1700.60 Accessibility

The Department of Public Health shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1700.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Department of Public Health. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter XVI Department on Aging

Part 1725 Americans with Disabilities Act and Civil Rights Program Grievance Procedure

4 Ill. Adm. Code 1725.10 Definitions

"ADA" is the Americans With Disabilities Act of 1990 [42 USC 12101 et seq.].

"ADA/Civil Rights Program Coordinator" or "Coordinator" is the employee, or other designated individual, appointed by the Director who is responsible for the coordination of efforts at the Department to comply with and carry out its responsibilities under Title II of the ADA and other federal and State civil rights laws. The ADA/Civil Rights Program Coordinator can be contacted through the main office of the Department at 421 East Capitol Avenue, #100, Springfield , Illinois 62701-1789.

"Complainant" is a qualified individual with a disability or a protected person who files a timely grievance based on either the denial of a request for reasonable accommodation or allegations of discrimination on the intake form set out in Appendix A in accordance with the procedures in this Part.

"Department" means the Illinois Department on Aging.

"Director" means the Director of the Department.

"Grievance" is a written appeal of the denial of a request for reasonable accommodation under the ADA, or a complaint of alleged discrimination under other federal and State civil rights laws, that is made by an individual with a disability or a protected person who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, service, or activity offered by the Department, and who:

believes that he or she has been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department on the basis of his or her disability; or

has been subject to discrimination by the Department on the basis of protected classification characteristics under federal or State civil rights law. Programs, services, or activities of the Department include those administered by entities on behalf of the Department under a contract, a grant, or any other legally binding agreement.

"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (See 28 CFR 35.104.)

"Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (See 28 CFR 35.104.)

"Protected person" means an individual who is protected against discrimination under federal and State civil rights laws based on classification characteristics such as age; ancestry, citizenship, color, national origin or race; creed or religion; disability; familial status, gender, sex, or sexual orientation; military status or unfavorable discharge from military service; or retaliation for having opposed an unlawful practice; and meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

"Qualified individual with a disability" means an individual with a disability who, with or without a reasonable accommodation to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department. (See 28 CFR 35.104.)

"Reasonable accommodation" means modifications or adjustments to programs, services, or activities that enable a qualified individual with a disability to participate in, or enjoy the benefits of, those programs, services, or activities.

"Undue hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by the Department.

4 Ill. Adm. Code 1725.20 Purpose

a) This Part establishes a formal grievance procedure for reasonable accommodation requests and complaints of alleged discrimination asserted by qualified individuals with disabilities as required by 28 CFR 35.107 of the federal regulations under Title II of the Americans With Disabilities Act of 1990 or protected persons under other federal and State civil rights laws.

b) The Department encourages managerial and supervisory staff of programs, services, and activities to respond to requests for reasonable accommodations and complaints of alleged discrimination before a matter gives rise to a formal grievance.

c) It is the intention of the Department to foster open communication with all individuals requesting readily accessible programs, services, and activities. Questions pertaining to the ADA or other federal and State civil rights laws, the applicable regulations, or the rights, privileges, and remedies afforded by these laws, should be directed to the ADA/Civil Rights Program Coordinator at the address listed in Section 1725.10. The Coordinator is responsible for the investigation of formal grievances, documentation of facts, and presentation of findings in advising management regarding possible recommendations to resolve pending disputes.

d) The rights and protections afforded by this Part are intended to benefit both Department employees and qualified individuals with disabilities or protected persons who apply or participate in each program, service, and activity offered by the Department. The use of this formal grievance procedure does not preclude the right to file a discrimination complaint directly with the Illinois Department of Human Rights, the United States Equal Employment Opportunity Commission (EEOC), or other federal or State agencies with jurisdiction over civil rights laws. The filing of a complaint of alleged discrimination may not be used as a basis for future retaliation adversely affecting the rights of any member of the public.

4 Ill. Adm. Code 1725.30 General Grievance Procedures

a) General

The Department will endeavor to respond to and resolve reasonable accommodation requests and any complaints of alleged discrimination without the need to resort to the formal grievance procedure established by this Part.

b) Outreach

The Department will provide a copy of this formal grievance procedure and the required formal grievance intake forms to anyone making a request or expressing a desire to file a formal grievance.

c) Assistance

The Department will assist a complainant with the completion of the formal grievance intake form upon request.

d) Timeliness

Unless there are extenuating circumstances, the formal grievance intake forms must be received by the ADA/Civil Rights Program Coordinator in writing within 5 days after the date of denial of a request for reasonable accommodation or 180 days after the date of the last incident of alleged discrimination under the ADA (see 28 CFR 35.170(b)), or the deadlines set by other applicable federal and State civil rights laws. The time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended with just cause by the Department or by mutual agreement of the parties. Extensions will be put in writing and signed by the complainant and the Coordinator at the Initial Level Review and by the complainant and the Director at the Final Level Review.

e) ADA/Civil Rights Program Formal Grievance Intake Forms

A formal grievance must be submitted in writing in the manner described in Section 1725.40 on the formal grievance intake form prescribed in Appendix A.

f) Screening

The Coordinator will notify the complainant and other concerned parties within 10 business days by certified mail after the receipt of the formal grievance intake form if the filing is untimely or incomplete.

g) Advocacy

A complainant may use the assistance of an advocate in any stage of this formal grievance procedure.

h) Withdrawal of the ADA/Civil Rights Program Formal Grievance Intake Form

The formal grievance intake form, or any part of the allegations, may be withdrawn by the complainant during the investigation upon receipt by the Coordinator of a written request for withdrawal.

i) Waiver

A complainant's failure to submit a formal grievance, to rectify an incomplete filing, or to appeal a notice of dismissal or the recommendation for resolution by the Coordinator to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from the Department given in the grievance procedure.

j) Dismissal of the Formal Grievance

If a formal grievance is filed in an untimely or incomplete manner, then the Coordinator will document that finding and notify the complainant and other concerned parties of dismissal within 10 business days by certified mail.

k) Completeness

The formal grievance intake form must be completed in full to receive proper consideration by the Coordinator.

4 Ill. Adm. Code 1725.40 Manner of Filing

a) A grievance shall be filed with the ADA/Civil Rights Program Coordinator in a timely manner on the formal grievance intake forms prescribed in Appendix A at the address listed in Section 1725.10.

b) In order to be deemed filed and to receive proper consideration by the Coordinator, the formal grievance intake form must be completed in full as to the following information:

the complainant's name, address, and daytime telephone number; and
the best means and time for contacting the complainant.

c) If a grievance is based on any complaint of alleged discrimination, the following information must also be completed on the formal grievance intake form:

the program, service, or activity that was denied the complainant or in which alleged discrimination occurred;
the date of alleged discrimination;
the nature of the alleged discrimination; and
the dated signature of the complainant, certifying that he or she is qualified or otherwise eligible to participate in the program, service, or activity and that all information on the formal grievance intake form is true to the best of the complainant's knowledge and belief.

d) If a grievance is based on the denial of a requested reasonable accommodation, the following information must also be completed on the formal grievance intake form, to the extent an answer is known:

the exact nature of the complainant's disability, including a signed statement from a physician currently licensed to practice in Illinois;
the accommodation the complainant seeks;
the date of the original request;
the person to whom the request was made;
the reason for denial;
the estimated cost of the accommodation (if known);
a statement detailing why the requested accommodation is necessary to use or participate in the program, service, or activity;
any alternative accommodations that may provide accessibility;
any other information the complainant believes will aid in a fair resolution of the formal grievance; and
the dated signature of the complainant, certifying that he or she is qualified or otherwise eligible to participate in the program, service, or activity and that all information on the formal grievance intake form is true to the best of the complainant's knowledge and belief.

e) The Coordinator will notify the complainant and other concerned parties within 10 business days, by certified mail, after the receipt of the formal grievance intake form if the filing is not complete. The Department will assist with completion of the formal grievance intake form upon request.

f) The Coordinator will investigate a formal grievance and make reasonable efforts to resolve the matter.

4 Ill. Adm. Code 1725.50 Initial Level Review

When a fully completed formal grievance intake form is received in a timely fashion, the ADA/Civil Rights Program Coordinator will proceed to investigate the allegations. All concerned parties, including the complainant's immediate manager or supervisor, when applicable, will be contacted for relevant information and may be requested to avail themselves to a fact-finding conference. After investigation and analysis of the merits, regardless or whether there is reasonable cause to believe that a reasonable accommodation request may have been erroneously denied or that discrimination may have occurred, the Coordinator will document that finding and notify the complainant and other concerned parties, by certified mail, of dismissal or possible recommendations to resolve the pending dispute. Service of a notice shall be deemed complete five business days after mailing. If the grievance cannot be satisfactorily resolved at this initial level review within the next five business days, then the Coordinator will document the efforts made to resolve the dispute and close the record unless the complainant appeals a notice of dismissal or the Coordinator's recommendations to the next level of review in a timely manner.

4 Ill. Adm. Code 1725.60 Final Level Review

a) If a grievance has not been resolved by the ADA/Civil Rights Program Coordinator to the satisfaction of the complainant, the complainant may appeal to the Director for final review. Within 15 business days after service of the notice of dismissal or the Coordinator's recommendations, the complainant must submit a copy of the formal grievance intake form, any responses from the Coordinator, together with a short written statement explaining the reasons for dissatisfaction with the possible recommendations to resolve the pending dispute, and any other supporting documentation. The date of service of the written response shall be deemed to be the date of its mailing. The Director will extend the period for submitting the appeal and supporting documentation for up to five additional calendar days, upon complainant's request.

b) The Director may request that the complainant either appear in person, or by an advocate, or respond to pertinent questions in writing. The Director is authorized to conduct interviews and seek relevant advice and additional evidentiary information with respect to the grievance as he or she deems appropriate.

c) The Director will approve, disapprove, or modify the Coordinator's dismissal or recommendations and issue a written decision stating the reasons for the official position of the Department. A copy of the decision will be sent by certified mail to the complainant and other concerned parties within 45 business days after receipt of the appeal. The Director's decision shall be the final decision of the Department.

d) The record of a formal grievance, including the formal grievance intake form, the Coordinator's responses, the complainant's statement of reasons for dissatisfaction, and the decision of the Director, shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1725.70 Accessibility Policy

The Department on Aging shall ensure that all stages of this formal grievance procedure are readily accessible to and usable by qualified individuals with disabilities in accordance with federal and State laws and regulations.

4 Ill. Adm. Code 1725.80 Case-by-Case Resolution

a) Each grievance involves a unique set of factors. Factors that will be considered include:

the specific nature of the disability or protected classification characteristics under federal or State civil rights law;
the essential eligibility requirements for, the benefits to be derived from, and the nature of the program, service, or activity at issue;
the health and safety of others; and
whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship upon the Department.

b) Accordingly, termination of a formal grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainant should rely.

4 Ill. Adm. Code 1725.90 Ada/Civil Rights Program Notice

A public notice shall be posted informing any interested party of the Department's compliance with the ADA and the appropriate provisions of other federal and State civil rights laws that apply to programs, services, or activities offered by the Department.

4 Ill. Adm. Code 1725.APPENDIX A Ada/Civil Rights Program Formal Grievance Intake Form

ADA/Civil Rights Program Formal Grievance Intake Form

Discrimination Based on a Disability

Denial of Reasonable Accommodation Request

It is the policy of the Illinois Department on Aging to provide assistance in filling out these forms. If assistance is needed, please ask:

ADA/Civil Rights Program Coordinator

Illinois Department on Aging

421 East Capitol Avenue, #100

Springfield IL 62701-1789

217/785-3346 (Voice) or 888/206-1327 (TTY)

Contact Information

Name:________________________________________________________________________

Address:______________________________________________________________________

City, State and Zip Code:_________________________________________________________

Telephone No.:______________ (Voice) ______________ (TTY) Fax No. ______________

Best Means and Time for Contacting:_______________________________________________

Alleged Discrimination

Please fill out this part if you were excluded from participation in, or denied the benefits of, any program, service, or activity of the Department on the basis of a disability or have been subject to discrimination by the Department under federal and State civil rights laws based on classification characteristics such as age; ancestry, citizenship, color, national origin or race; creed or religion; disability; familial status, gender, sex, or sexual orientation; military status or unfavorable discharge from military service; or retaliation for having opposed an unlawful practice. A response must be provided for each line in order for the Department to take action. You may attach additional sheets for your responses, if necessary. Do not submit an incomplete form.

Program, Service, or Activity to which Access was Denied or in which Alleged Discrimination Occurred:______________________________________________________________________

Date of Alleged Discrimination:____________________________________________________

Nature of Alleged Discrimination:__________________________________________________

(OVER)

(BACK OF FORM)

Reasonable Accommodation Requests

Please fill out this part if your reasonable accommodation was denied. Reasonable accommodations could include such things as providing auxiliary aids and devices and changing some policies and/or requirements to allow a qualified individual with a disability to participate in any program, service, or activity of the Department. You may attach additional sheets for your responses, if necessary. A response should not be provided for any line that you do not know the answer.

Exact Nature of Disability:________________________________________________________

(Please attach a signed statement from a physician currently licensed to practice in Illinois.)

Reasonable Accommodation Requested:_____________________________________________

Date the Reasonable Accommodation was Requested:__________________________________

Person to whom the Request was Made:_____________________________________________

Reason for Denial:______________________________________________________________

Estimated Cost of Accommodation (if an assistive device, such as a TTY or optical reader, or commodity or service for which a cost is readily known):_____________________________

Why is the Requested Accommodation Necessary to Use or Participate in the Program, Service, or Activity?____________________________________________________________________

Alternative Accommodations that may Provide Accessibility:__________________________

Any Other Information You Believe Will Aid in a Fair Resolution of this Grievance:___________

Signature

I certify that I am qualified or otherwise eligible to participate in the program, service, or activity and the above statements are true to the best of my knowledge and belief.

Signature Date

Please return upon completion to the ADA/Civil Rights Program Coordinator at the address listed at the top of the front page.

For Internal Use Only

Date Received:________________________ By:_________________________________

Chapter LV Illinois State Toll Highway Authority

Part 1750 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1750.10 Definitions

"ADA" is the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"ADA Committee" is a consulting group consisting of the Chief of Operational Services, the Manager of Maintenance and Traffic, the Employee Services Manager, the Safety and Training Administrator, the IT operations and Customer Support Manager, the Administrative Support Manager and an Assistant Attorney General.

"ADA Coordinator" is the person appointed by the Tollway, or that person's designee, to coordinate the Tollway's efforts to comply with and carry out its responsibilities under Title II of the ADA. The ADA Coordinator for the Tollway is the EEO/AA Officer, 2700 West Ogden Avenue, Downers Grove, Illinois 60515. Phone: (630) 241-6800 ext. 1010. Telecommunications Device for Deaf Persons: (630) 241-6898.

"Department Chief" is an individual reporting to the Executive Director with responsibility for the management of a department of the Authority.

"Complainant" is a qualified individual with a disability who files a request for reasonable accommodation in accordance with this Part.

"Grievance" is a written appeal of the denial of an accommodation request under the ADA made by an individual who believes that he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Tollway or has been subject to discrimination by the Tollway based on a disability.

"Major Life Activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (See 28 CFR 35.104.)

"Physical or Mental Impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (See 28 CFR 35.104.)

"Qualified Individual with a Disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Tollway. (See 28 CFR 35.104.)

"Reasonable Accommodation" means modifications or adjustments to services, programs or activities that enable a qualified individual with a disability to participate in, or enjoy the benefits of, those services, programs or activities.

"Tollway" means the Illinois State Toll Highway Authority.

"Undue Hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by the Tollway.

4 Ill. Adm. Code 1750.20 Purpose

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (ADA) (42 USC 12101 et seq.) and specifically 28 CFR 35.107 requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. The rights and protections afforded by the ADA are intended to benefit both employees and non-employees.

b) It is the intention of the Tollway to foster open communication with all individuals requesting readily accessible programs, services and activities. Questions pertaining to the ADA or the rights, privileges and remedies afforded by the ADA should be directed to the ADA Coordinator. Tollway employees seeking a reasonable accommodation must submit a written request to the employee's supervisor or to the Tollway's EEO Officer/ADA Coordinator.

c) The grievance procedure set forth in this Part is designed to be an appeal process for a request for a reasonable accommodation that has been denied through the process set forth in the Tollway's Personnel Policies and Procedure Manual or Affirmative Action Plan.

d) The ADA grievance procedure is independent and exclusive of the complainant's rights and protections under other statutes and does not preclude the complainant's right to file a charge directly with the Illinois Department of Human Rights or the United State Equal Employment Opportunity Commission.

4 Ill. Adm. Code 1750.30 Grievance Procedure

a) Grievances shall be submitted in accordance with the procedures established in Sections 1750.40 and 1750.50 of this Part, in the form and manner described and within specified time limits. Time limits established in this procedure are in calendar days and, unless otherwise stated, may be extended by the ADA Committee with just cause.

b) A complainant's failure to appeal the denial of a request for a reasonable accommodation within the specified time limit shall mean that the complainant has accepted the Tollway's response to his/her request for a reasonable accommodation.

c) A complainant may use the assistance of an advocate in any stage of the grievance procedure.

4 Ill. Adm. Code 1750.40 Grievance - ADA Coordinator Level

a) A request for a reasonable accommodation shall be filed with the Tollway's ADA Coordinator.

b) In order to be considered by the ADA Coordinator, the request for a reasonable accommodation shall be in writing and contain the following information:

The complainant's name, address and daytime telephone number;
The exact nature of complainant's disability;
A statement detailing why the complainant believes he or she is a qualified individual with a disability;
The accommodation the complainant seeks;
The signature of the complainant; and
Date of request.

c) The ADA Coordinator shall investigate the request and shall make reasonable efforts to resolve the matter up to the level of a Department Chief.

d) If the reasonable accommodation request is outside of the Department Chief's scope of authority, the matter may be brought to the ADA Committee for consideration.

e) The ADA Coordinator shall notify the complainant of his/her decision within 120 days.

4 Ill. Adm. Code 1750.50 Grievance - ADA Committee Level

a) If the request for reasonable accommodation is not resolved to the satisfaction of the complainant, the complainant may submit a grievance to the ADA Committee within 15 days after receipt by the complainant of the ADA Coordinator's determination.

b) The complainant shall submit a statement explaining the basis of the grievance and attach copies of any documents supporting the appeal.

c) Within 30 days after the Committee's receipt of the complainant's submission, the ADA Committee may request that the complainant either appear in person or by a designated representative, or respond to pertinent questions in writing. The Committee shall review and base its decision on the statements of the complainant, written materials submitted by the complainant, and the ADA Coordinator's response, and may conduct interviews and seek additional information, evidence and/or advice, as it deems appropriate.

d) The ADA Committee shall approve, disapprove, or modify the recommendation of the ADA Coordinator and shall render a written decision within 30 days after meeting to decide the matter. The Committee shall state the reasons for its decision and shall serve by certified mail a copy upon the complainant and the ADA Coordinator. The ADA Coordinator shall be responsible for notifying the complainant of the decision of the ADA Committee.

e) The grievance, the ADA Coordinator's response, the complainant's statement of reasons for dissatisfaction and the decision of the Committee shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

Chapter LV Illinois State Toll Highway Authority

Part 1750 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1750.60 Accessibility

The Tollway shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1750.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service, or activity or undue hardship on the Tollway. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

4 Ill. Adm. Code 1750.80 Ada Notice

A public notice shall be posted informing applicants, participants, beneficiaries and other interested persons of the Tollway's compliance with the ADA as applicable to the services, programs, or activities of the Tollway.

Chapter LXV Teachers' Retirement System

Part 1775 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1775.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Teachers' Retirement System (System), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1775.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the System under this procedure.

"Designated Coordinator" is the person appointed by the System who is responsible for the coordination of efforts of the System to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at Teachers' Retirement System, ADA Coordinator, 2815 W. Washington St., Springfield IL 62702, 217/753-0311. (See 28 CFR 35.107.)

"Director" means the Executive Director of the System.

"Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act.

"Grievance" is any complaint under the ADA that is reduced to writing by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program, activity or service offered by the System and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the System or has been subject to discrimination by the System. The ADA grievance procedures set forth in this Part do not supersede or provide an alternative to the System's administrative review appeal process set forth in 80 Ill. Adm. Code 1650.Subpart H.

"Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the System.

4 Ill. Adm. Code 1775.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 1775.40 and 1775.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Sections 1775.40 and 1775.50.

c) The System shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 1775.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the System.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and Director within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 1775.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director for final review. The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Director as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Director in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Director or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The Director's decision shall be final. If the Director disapproves or modifies the panel's recommendations, the Director may include written reasons for such disapproval or modification.

4 Ill. Adm. Code 1775.60 Accessibility

The System shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1775.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the System. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter LXI State Board of Elections

Part 1800 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 1800.10 Purpose

a) The Americans With Disabilities Act grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically 28 CFR 35.107 requiring that a procedure be established to resolve grievances asserted by qualified individuals with disabilities. Any individual desiring to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it may contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the State Board of Elections (Office), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 1800.20 Definitions

"ADA" means the Americans With Disabilities Act (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office in accordance with Section 1800.30.

"Designated Coordinator" is the person appointed by the State Board of Elections to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA (State and Local Government Services and Public Transportation), including the investigation of grievances filed by complainants. The Designated Coordinator may be contacted at the Office of the State Board of Elections, 1020 South Spring Street, Springfield, Illinois 62704 or by telephone at 217/782-4141 (voice), 217/782-1518 (TDD).

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of that individual, a record of such an impairment, or being regarded as having such an impairment.

"Executive Director" means the Executive Director of the State Board of Elections.

"Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of, the benefits of a program, activity or service offered by the Office, and who believes she or he has been excluded from participation in or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office on the basis of her or his disability.

"Office" means the Office of the State Board of Elections.

4 Ill. Adm. Code 1800.30 Procedure

a) Grievances must be submitted through the channels defined in this Section, in the form and manner described, and within the specified time limits. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in business days, unless otherwise stated, and may be extended by mutual agreement in writing by the complainant and the reviewer at the Designated Coordinator and Final Levels.

b) A complainant's failure to submit a grievance or to submit or appeal it to the next level of procedure within the specified time limits shall mean that the complainant has withdrawn the grievance or has accepted the last response given by the Office.

c) Upon being informed by an individual that the individual desires to file a formal grievance, the Office shall provide the individual with a copy of this Part and the Grievance Form.

d) In order to be deemed filed and to receive proper consideration by the Designated Coordinator, the Grievance Form must be completed in full except as otherwise indicated. The Designated Coordinator will notify the complainant within 10 days after the receipt of the form if the filing is not complete. The Office will assist with completion of the Grievance Form upon request.

4 Ill. Adm. Code 1800.40 Review at the Designated Coordinator Level

a) If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 180 calendar days after the alleged discrimination, submit the grievance to the Designated Coordinator in writing on the prescribed Grievance Form. The Grievance Form must be completed in full in order to receive proper consideration by the Designated Coordinator.

b) Upon request, assistance shall be provided by the Office to complete the Grievance Form.

c) The Designated Coordinator, or her or his representative, shall investigate the grievance and shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and the Executive Director within 10 days after receipt of the Grievance Form.

4 Ill. Adm. Code 1800.50 Review at the Final Level

a) If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and the Designated Coordinator's response to the Executive Director for final review within 10 days after receipt of the Designated Coordinator's written response. The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response. The Executive Director will extend the period for submitting the review request and supporting documents for up to 10 additional days upon complainant's request.

b) The Executive Director shall appoint a 3 member Review Panel to review the grievance at the Final Level. One member so appointed shall be designated chairperson. The Designated Coordinator or any representative of the Designated Coordinator, who conducted the investigation at the Designated Coordinator Level, may not be a member of the Review Panel.

c) The complainant shall be afforded an opportunity to appear before the Review Panel. The Review Panel shall review the Designated Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) The Review Panel shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision in writing within 30 days, shall state the basis for the decision, and shall cause a copy of the decision to be served on the parties. The Review Panel's decision shall be final. If the Review Panel disapproves or modifies the Designated Coordinator's recommendations, the Review Panel shall include written reasons for disapproval or modification.

e) The Grievance Form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 1800.60 Accessibility Policy

The Office shall ensure that all stages of the procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 1800.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter LXXX Office of the State Appellate Defender

Part 2100 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 2100.10 Purposes

a) This grievance procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact the Designated Coordinator.

b) In general, the ADA requires that each program, service and activity offered by the Office of the State Appellate Defender, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

4 Ill. Adm. Code 2100.20 Definitions

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by the Office under this procedure.

"Designated Coordinator" is the person appointed by the State Appellate Defender who is responsible for coordination of efforts of the Office to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The Designated Coordinator may be contacted at Office of the State Appellate Defender, 400 W. Monroe St., Suite 202, Springfield IL 62704. (See 28 CFR 35.107.)

"Disabilities" shall have the same meaning set forth in the Americans With Disabilities Act.

"Office" means the Office of the State Appellate Defender.

4 Ill. Adm. Code 2100.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 2100.40 and 2100.50. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the Designated Coordinator and/or the Final Levels described in Sections 2100.40 and 2100.50.

c) The Office shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 2100.40 Designated Coordinator Level

b) Upon request, assistance in completing the Grievance Form shall be provided by the Office.

c) The Designated Coordinator, or his/her representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The Designated Coordinator shall provide a written response to the complainant and the State Appellate Defender within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 2100.50 Final Level

a) If the grievance is not resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the State Appellate Defender for final review. The complainant shall submit these documents to the State Appellate Defender, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b) Within 15 business days, the State Appellate Defender shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the State Appellate Defender as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the State Appellate Defender in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the State Appellate Defender or designee shall approve, disapprove or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; and shall cause a copy of the decision to be served on the parties. The State Appellate Defender's decision shall be final. If the State Appellate Defender disapproves or modifies the panel's recommendations, the State Appellate Defender may include written reasons for that disapproval or modification.

f) The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the State Appellate Defender shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 2100.60 Accessibility

The Office shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 2100.70 Case-by-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other complainants should rely.

Chapter I Department of Healthcare and Family Services

Part 2110 Americans with Disabilities Act Grievance Procedure

4 Ill. Adm. Code 2110.10 Purposes

a) This grievance procedure is established pursuant to the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations, 28 CFR 35, requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities. Should any individual desire to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, please contact Healthcare and Family Services' ('HFS') 504/ADA Coordinator.

b) In general, the ADA requires that each program, service and activity offered by HFS, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

c) It is the intention of HFS to foster open communication with all individuals requesting readily accessible programs, services and activities. HFS encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

4 Ill. Adm. Code 2110.20 Definitions

"Act" or "ADA" means the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.).

"Complainant" is an individual with a disability who files a Grievance Form provided by HFS under this procedure.

"504/ADA Coordinator" is the person appointed by the Director who is responsible for coordination of efforts of HFS to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants. The 504/ADA Coordinator may be contacted at 401 South Clinton, Chicago, IL 60607. (See 28 CFR 35.107)

"Chief Equal Employment Opportunity/Affirmative Action Officer" means the Chief EEO/AA Officer of HFS.

"Disability" shall have the same meaning set forth in the Americans with Disabilities Act.

"Qualified individual with a disability" shall have the same meaning set forth in the Americans with Disabilities Act.

4 Ill. Adm. Code 2110.30 Procedure

a) Grievances must be submitted in accordance with procedures established in Sections 2110.40 and 2110.50 of this Part. It is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner. Time limits established in this procedure are in calendar days, unless otherwise stated, and may be extended by mutual agreement, in writing, by the complainant and the reviewer, at the 504/ADA Coordinator and/or the Final Level described in Sections 2110.40 and 2110.50.

b) A Complainant's failure to submit a grievance, or to submit or appeal it to the next level of procedure within the specified time limits, shall mean that the complainant has withdrawn the grievance or has accepted the last response from HFS given in the grievance procedure.

c) HFS shall, upon being informed of individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the Grievance Form.

4 Ill. Adm. Code 2110.40 504/Ada Coordinator Level

a) If an individual desires to file a grievance, the individual shall promptly, but no later than 180 days after the alleged discrimination, submit the grievance to the 504/ADA Coordinator in writing on the Grievance Form prescribed for that purpose. The Grievance Form must be completed in full in order to receive proper consideration by the 504/ADA Coordinator.

b) Upon request, assistance in completing the Grievance Form shall be provided by HFS.

c) The 504/ADA Coordinator, or the 504/ADA Coordinator's representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it. The 504/ADA Coordinator shall provide a written response to the Complainant and Chief EEO/AA Officer within 15 business days after receipt of the Grievance Form.

4 Ill. Adm. Code 2110.50 Final Level

a) If the grievance is not resolved at the 504/ADA Coordinator Level to the satisfaction of the Complainant, the Complainant may submit a copy of the Grievance Form and 504/ADA Coordinator's response to the Chief EEO/AA Officer for final review. The Complainant shall submit these documents to the Chief EEO/AA Officer, together with a short written statement explaining the reasons for dissatisfaction with the 504/ADA Coordinator's written response, within 15 business days after receipt by the Complainant of the 504/ADA Coordinator's response.

b) Within 15 business days, the Chief EEO/AA Officer shall appoint a three-member panel to review the grievance at the Final Level. One member shall be 504/ADA chairperson. The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

c) Complainant shall be afforded an opportunity to appear before the panel. Complainant shall have a right to appoint a representative to appear on the Complainant's behalf. The panel shall review the 504/ADA Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d) Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the Chief EEO/AA Officer as to the proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signatures of the concurring panel members. A dissenting member of the panel may make a recommendation to the Chief EEO/AA Officer in writing and shall sign the recommendation.

e) Within 15 business days after receipt of recommendations from a panel, the Chief EEO/AA Officer or designee shall: approve, disapprove or modify the panel recommendations; render a decision on those recommendations in writing; state the basis for the decision; and cause a copy of the decision to be served on the parties. The Chief EEO/AA Officer's decision shall be final. If the Chief EEO/AA Officer disapproves or modifies the panel's recommendations, the Chief EEO/AA Officer may include written reasons for that disapproval or modification.

f) The Grievance Form, the 504/ADA Coordinator's response, the Complainant's statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Chief EEO/AA Officer shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

4 Ill. Adm. Code 2110.60 Accessibility

HFS shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

4 Ill. Adm. Code 2110.70 Case-By-Case Resolution

Each grievance involves a unique set of factors that includes but is not limited to: the specific nature of the disability; the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue; the health and safety of others; and whether an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on HFS. Accordingly, termination of a grievance at any level, whether through the granting of relief or otherwise, shall not constitute a precedent on which any other Complainants should rely.