Section 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.

 

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

 

Section 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, 7^th 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:

 

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

 

2)         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.

 

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

 

Section 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.

 

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

 

Section 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:

 

1)         The Complainant's name, and if applicable, address and telephone number;

 

2)         the best means and time for contacting the Complainant;

 

3)         the program, activity or service that was denied Complainant or in which alleged discrimination occurred;

 

4)         the date and nature of the alleged denial or discrimination;

 

5)         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.

 

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

 

Section 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.

 

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

 

Section 300.60  Accessibility

 

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

 

Section 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.

 

Section 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.

 

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