Section 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.

 

Section 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.

 

            "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 (42 U.S.C. 12102).

 

            "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.

 

            "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 (42 U.S.C. 12131).

 

Section 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.

 

Section 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.

 

1)         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.

 

2)         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.

 

Section 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.

 

Section 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.