Section 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.

 

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.

 

Section 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.

 

            "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 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.

 

Section 200.30  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 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, 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.

 

Section 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.

 

Section 200.60  Accessibility

 

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

 

Section 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.