Section 850.10  Definitions

 

            "ADA" means the Americans With Disabilities Act of 1990 (42 USC 12101).

 

            "Commission" means the Illinois Guardianship and Advocacy Commission.

 

            "Complainant" means an individual with a disability who files a grievance form provided by the Commission in accordance with this Part.

 

            "Designated Coordinator" means the person(s) appointed by the Director of the Illinois Guardianship and Advocacy Commission who is/are responsible for the coordination of efforts of the Commission 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 State of Illinois Building, 160 N. LaSalle St., Suite S-500, Chicago IL 60601.

 

            "Director" means the Director of the Illinois Guardianship and Advocacy Commission or his or her duly authorized representative.

 

            "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.

 

            "Grievance" means any formal, written 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 Commission and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Commission or has been subject to discrimination by the Commission on the basis of his or her 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, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for receipt of services or the participation in programs or activities provided by the Commission.

 

            "Working days" means Monday through Friday, excluding Saturday, Sunday, and State holidays.

 

(Source:  Amended at 24 Ill. Reg. 15055, effective October 2, 2000)

 

Section 850.20  Purpose

 

a)         This ADA Grievance Procedure ("Procedure") is established pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101), and specifically Section 35.107 of the Title II regulations (28 CFR 35.107 (1991)), 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 Commission, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of the Commission to foster open communication with all individuals requesting readily accessible programs, services and activities.  The Commission encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.  Upon the filing of a formal written grievance, it is mutually desirable and beneficial that grievances be satisfactorily resolved in a prompt manner.

 

(Source:  Amended at 24 Ill. Reg. 15055, effective October 2, 2000)

 

Section 850.30  Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Sections 850.40 and 850.50 of this Part, in the form and manner described, and within specified time limits.  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 Commission's final response.

 

c)         The Commission 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 the grievance form.

 

Section 850.40  Designated Coordinator Level

 

a)         If an individual desires to file a formal written grievance, the individual shall promptly, but no later than 90 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, and shall include:

 

1)         the Complainant's name, address and telephone number;

 

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

 

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

 

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

 

5)         the signature of the Complainant.

 

b)         Upon request, assistance shall be provided by the Commission 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 25 working days after receipt of the grievance form.

 

Section 850.50  Final Level

 

a)         If the grievance is not resolved to the satisfaction of the Complainant at the Designated Coordinator Level, the Complainant may submit a copy of the grievance form and Designated Coordinator's response to the Director of the Commission for final review.  The Complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 5 working 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 chairperson.

 

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 the panel deems appropriate. The panel shall not be bound by the rules of evidence or procedure, but shall conduct the proceedings in a manner intended to ensure a full and fair review.

 

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 the 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 the recommendation.

 

e)         Upon receipt of recommendations from a panel, the Director shall approve, disapprove or modify the panel's recommendations, shall render a decision on the recommendations in writing, shall state the basis for the decision, and shall cause a copy of the decision to be given by personal delivery or by first class mail, to the Complainant. The Director's decision shall be final.  If the Director disapproves or modifies the panel's recommendations, the Director shall include written reasons for disapproval or modification.

 

f)         The grievance form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, the recommendations of the panel, and the decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160], or as otherwise required by law.

 

(Source:  Amended at 24 Ill. Reg. 15055, effective October 2, 2000)

 

Section 850.60  Accessibility

 

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

 

Section 850.70  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, 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 Commission.  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 Complainant should rely.