Section 875.10  Applicability

 

This Part applies to all offices of the Illinois Department of Revenue.

 

Section 875.20  Purposes

 

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 U.S.C. Section 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 Department of Revenue (hereinafter referred to as "Department"), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of the Department to foster open communication with all individuals requesting readily accessible programs, services and activities.  The Department encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 875.30  Definitions

 

            "Complainant" is an individual with a disability who files a Grievance Form provided by the Department under this procedure.

 

            "Department" means the Illinois Department of Revenue.

 

            "Designated Coordinator" is the person appointed by the Department Director who is responsible for the coordination of efforts of the Department 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 The Illinois Department of Revenue, Attn:  Personnel Manager, 101 W. Jefferson Street, Springfield, IL 62794.  See 28 CFR 35.107.

 

            "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 Department, and believes he or she has been excluded from participation in, or denied the benefits of any program, service or activity of the Department or has been subject to discrimination by the Department.

 

Section 875.40  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 Designated Coordinator, at the Designated Coordinator Level, or the Complainant and panel chairperson at the Final Level.

 

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 Department's last response.

 

c)         Upon being informed by an individual that the individual desires to file a formal grievance, the Department shall provide the individual with a copy of this procedure and the Grievance Form.

 

Section 875.50  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. 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 Department 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 875.60  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 Department 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 chairperson of the panel.  The Designated Coordinator, or any representative of the Designated Coordinator, who conducted the investigation at the Designated Coordinator Level, may not be a member of the panel.

 

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.  Such appearance before the panel shall be an informal meeting to discuss the matter at issue.  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 sign such recommendation.

 

e)         Upon receipt of recommendations from the panel, the Director shall approve, disapprove or modify the panel's recommendations, rendering a decision thereon in writing that states the basis for the decision, and cause a copy of the decision to be served on the Complainant. If the Director disapproves or modifies the panel's recommendations, the Director shall in the written decision state the reasons for such disapproval or modification.  The Director's decision shall be the final decision of the Department on the grievance.

 

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 (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

 

Section 875.70  Accessibility

 

The Department shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.  The Designated Coordinator shall keep on file a copy of the ADA and its regulations for review at the Department's offices by any individual who requests to review them.  The Designated Coordinator or representative shall be available on reasonable notice to answer questions with respect to the rights, privileges and remedies afforded by the ADA and its regulations.

 

Section 875.80  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 Department.  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.