Section 525.10  Non-Discrimination Compliance Requirements

 

a)         The Department of Human Services (DHS) shall not enter into any contract, agreement or grant with subrecipients who are not in compliance with Section 504 of the Rehabilitation Act, as amended, (29 U.S.C.A. 794), Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance (34 CFR 104), the Illinois Human Rights Act [775 ILCS 5], the Illinois Accessibility Code (71 Ill. Adm. Code 400), the Environmental Barriers Act [410 ILCS 25] and Article I, Section 19 of the Illinois Constitution.  These statutes and rules require subrecipients to be accessible (attainable by elimination of architectural, transportation and communication barriers facing persons with disabilities) in terms of employment practices, programs and physical structure.

 

b)         "Subrecipient" is defined as any entity with which DHS enters into service contracts, agreements or grants, which serves more than one individual at a time.

 

c)         Prior to a contract, agreement or grant being signed or renewed, each new and current subrecipient shall submit a statement of compliance with the requirements stated in subsection (a).

 

d)         Subrecipients are subject to a compliance review whenever a complaint is received by a client or DHS staff or prior to recommendation to the Secretary of DHS for entering into a contract, agreement or grant.  The complaint shall be made in writing to the local DHS office, who will send a copy to the DHS regional office and the Administrator of Field Operations.  DHS regional staff shall use the statutes and rules  contained in subsection (a) as standards to determine if the subrecipient is in compliance.  If found in compliance, regional staff shall notify the subrecipient in writing with a copy to the Administrator of Field Operations.  If found not to be in compliance, the subrecipient may appeal per 89 Ill. Adm. Code 510.

 

e)         If the subrecipient is not in compliance, the following actions shall occur:

 

1)         the subrecipient shall be placed on notice by regional staff in writing that the following must occur:

 

A)        DHS regional staff must receive a letter of assurance from the subrecipient within 60 calendar days from the date that the subrecipient was notified that they were out of compliance.  The letter of assurance shall be approved by the subrecipient's Board of Directors, Chief Executive Officer or President, acknowledging the compliance deficiencies.  Included with this letter shall be a plan of action, approved by the Board of Directors, Chief Executive Officer or President to correct the deficiencies. Time frames for each of the activities shall be included.

 

B)        Within 10 calendar days the regional staff shall review the letter and plan, make recommendations regarding adoption, modification or rejection based on the requirements of subsection (a), and forward the recommendations to the Administrator of Field Operations.  The Administrator of Field Operations shall then receive approval of the recommendations from the Deputy Director.

 

C)        The Associate Director – Office of Rehabilitation Services of DHS shall make the final decision regarding the continued referrals to the program and possible termination of the contract, agreement or grant.  Continued referrals are contingent upon the subrecipient's plan of action, per subsection (e)(1)(A), meeting the standards in subsection (a) and the subrecipient's meeting the time frames specified in the plan.  Referrals shall continue as long as the plan meets the requirements in subsection (a) and the time frames are being met. Written notification will be forwarded to the subrecipient within 30 calendar days of receipt of the letter and proposed plan by the regional office.  For subrecipients whose plan does not meet the requirements in subsection (a) or for those subrecipients who do not meet the time frames specified in their plan of action, the contracts, agreements, or grants shall be terminated per subsection (e)(4).  The Associate Director - Office of Rehabilitation Services decision may be appealed through the court system.

 

2)         DHS shall provide temporary services up to the completion of the client's program.  Temporary services include such things as interpreters, readers and attendants.

 

3)         The Administrator of Field Operations or designee shall monitor progress made in the compliance plan.  That individual shall be required to submit a report to the Associate Director – Office of Rehabilitation Services upon completion of the plan time frames.  This report shall indicate whether or not the subrecipient was successful in removing the deficiencies identified initially.

 

4)         If DHS does not receive a letter of assurance per subsection (e)(1)(A) from the subrecipient in the designated time frame, or if the plan is not followed, the existing contract, agreement or grant shall be terminated.

 

Section 525.500  TTY/TDD Requirements for Contractors/Rate Agreement Holders

 

a)         Contractor/Rate Agreement Holder Requirements

 

1)         Any entity which holds a contract or contracts with DHS which singly or aggregately exceed $15,000, with the exception of Professional and Artistic Contracts and Personal Services Contracts, and/or any entity which has a Rate Agreement or Rate Agreements which are expected to generate in excess of $15,000, must have a Teletypewriter/Telecommunication Device for the Deaf (TTY/TDD) to ensure programmatic accessibility for individuals who are deaf or hard of hearing.

 

2)         The TTY/TDD should be located on the site where services are provided to DHS clients, or the majority of the work is done under the contract/rate agreement.  Exception to this requirement will be made if the contractor/rate agreement holder can provide a reasonable plan to DHS to use a TTY/TDD off-site to fulfill this requirement.  This plan must be submitted and approved by the Project Officer, as described in subsection (b), below.

 

b)         Contractor/Rate Agreement Holder Compliance Time Frames

 

1)         All contractors/rate agreement holders with existing contracts/rate agreements shall have 90 calendar days from the effective date of these rules to come into compliance with this requirement.  All entities seeking contracts/rate agreements with DHS shall come into compliance with this requirement within 10 days after the date the contract is signed and put into effect by DHS.

 

2)         All contractors/rate agreement holders shall ensure that enough staff (i.e., at least one staff person per shift) is trained to adequately handle all anticipated telephone calls made or received via the TTY/TDD.  If insufficient staff has been trained to fulfill this requirement, the contractor/rate agreement holder must submit a TTY/TDD training plan to the Project Officer for review and approval.

 

c)         Termination of Contracts/Rate Agreements for Non-compliance

            Pursuant to the termination clause in all contracts/rate agreements let by DHS, DHS shall notify the contractor/rate agreement holder that the contract/rate agreement shall be terminated for failure of the contractor/rate agreement holder to comply with this requirement and that DHS shall make no further payments under the contract/rate agreement.

 

d)         Contractor/Rate Agreement Holder Grievance Procedures

 

1)         Any contractor/rate agreement holder that feels aggrieved because of this action by DHS may appeal this requirement.  The contractor/rate agreement holder may request an appeal of the decision to terminate the contract/rate agreement by making a written request to the DHS Central Office.  This request must be received no later than 10 working days after the date the contractor/rate agreement holder was informed of the violation and DHS' intent to make the contract/rate agreement null and void.

 

2)         DHS shall acknowledge receipt of the request for the hearing and shall inform the contractor/rate agreement holder of the date for the hearing.  The date of the hearing shall be within 10 working days after the date the request is received from the contractor/rate agreement holder.

 

3)         The Committee shall be comprised of three persons:  an individual appointed by the Associate Director - Office of Rehabilitation Services designee who will act as the chairperson; the Manager - Division of Services for Persons who are Deaf or Hard of Hearing; and the DHS Americans with Disabilities Act Coordinator or his/her designee.

 

4)         Within 5 working days after the hearing, the Committee shall send the grievant a written decision on the grievance.  Copies will also be provided to the Associate Director - Office of Rehabilitation Services and the DHS staff person who is the contact person for the contract/rate agreement.

 

5)         Within 10 working days after the issuance of the Committee's decision, the Associate Director - Office of Rehabilitation Services may issue an intent to review letter to the contractor/rate agreement holder.

 

6)         If the Associate Director - Office of Rehabilitation Services issues a letter of intent to review, he/she shall, within 5 working days, issue the final decision on the grievance.  Copies shall be sent to the contractor/rate agreement holder, the Committee chairperson and the DHS staff person who is the contact person for the contract/rate agreement.

 

7)         If the Associate Director - Office of Rehabilitation Services does not issue a letter of intent to review, the decision of the Committee shall become final the fifth day after the decision is issued by the Committee.

 

8)         This shall constitute the final administrative decision by the Department.

 

(Source:  Added at 17 Ill. Reg. 9980, effective June 22, 1993)