TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XX: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 575 AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 575.50 FINAL REVIEW


 

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.