Section 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.

 

Section 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.

 

Section 925.120  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 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.

 

Section 925.130  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 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.

 

Section 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.

 

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. 43.4 et seq.) [5 ILCS 160/1 et seq.].

 

Section 925.150  Accessibility

 

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

 

Section 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.

 

Section 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:  ___________________________________