Section 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.

 

Section 275.20  Definitions

 

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

 

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

 

2)         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).

 

Section 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.

 

Section 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.

 

Section 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.

 

Section 275.60  Accessibility

 

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

 

Section 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.