Section 1660.10  Purpose

 

a)         This Americans With Disabilities Act Grievance Procedure is established pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA) and specifically Section 35.107 of the Title II regulations (28 CFR 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 ADA Coordinator of the Department of Innovation and Technology.  An individual may contact the ADA Coordinator by e-mail at:  DoIT.ADA@Illinois.gov or by mail at:

 

Attn:  ADA Coordinator

120 West Jefferson Street

Springfield, Illinois  62702

 

b)         In general, the ADA requires that each program, service, and activity offered by the Department, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the Department's intention 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 reasonable accommodations before they become grievances.

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.20  Definitions

 

"Act" or "ADA" means the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

 

"ADA Coordinator" means the person appointed by the Secretary who is responsible for the coordination of efforts of the Department to comply with and carry out its responsibilities under Title II of the Act, including investigation of grievances filed by complainants.  (See 28 CFR 35.107.)

 

"Complainant" means an individual with a disability who files a grievance with the Department pursuant to the provisions of this Part.

 

"Department" means the Illinois Department of Innovation and Technology.

 

"Disability" shall have the same meaning ascribed in the Act.

 

"Grievance" means any complaint under the ADA that is reduced to writing 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 they have:

 

been excluded from participation in, or denied the benefits of, any program, service, or activity of the Department; or

 

been subject to discrimination by the Department.

 

"Grievance Form" is prescribed for the purpose of filing a grievance under this Part and includes, but is not limited to, the name, address, e-mail address, and telephone number of the complainant; date of incident; a short factual statement of the grievance; identification of any witnesses; and the relief requested, if applicable.

 

"Procedure" means the Americans With Disabilities Act Grievance Procedure set forth in this Part.

 

"Qualified Individual With a Disability" shall have the same meaning ascribed in the Act.

 

"Secretary" means the Secretary of the Illinois Department of Innovation and Technology or anyone to whom the Secretary's responsibilities and authority are lawfully delegated.

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.30  Procedure

 

a)         Grievances must be submitted in accordance with and follow the procedures set forth in Section 1660.40 and Section 1660.50 of this Part.  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 reviewer at the ADA 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 Department's last response.

 

c)         The Department shall, upon being informed of the complainant's desire to file a formal grievance:

 

1)         instruct the individual how to receive a copy of this procedure; and

 

2)         provide a Grievance Form.

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.40  ADA 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 ADA Coordinator in writing on the Grievance Form prescribed for that purpose.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint will be made available for persons with disabilities upon request.  The Grievance Form must be completed in full to receive proper consideration by the ADA Coordinator.

 

b)         Upon request, assistance shall be provided by the Department to complete the Grievance Form.

 

c)         The ADA Coordinator, or their representative, shall investigate the grievance and, if the grievance is found to be valid, shall make reasonable efforts to resolve it.  The ADA Coordinator shall provide a written response to the complainant and the Secretary within 15 business days after receipt of the Grievance Form.

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.50  Final Level

 

a)         If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Secretary for final review.  The complainant shall submit these documents to the Secretary, together with a short written statement explaining the reason for dissatisfaction with the ADA Coordinator's written response, within 15 business days after receipt by the complainant of the ADA Coordinator's response.

 

b)         Within 15 business days of receipt of the appeal to the Secretary, the Secretary shall appoint a three-member panel to review the grievance at the Final Level.  One member shall be the ADA Coordinator.  The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last member of the panel is appointed.

 

c)         The complainant shall be afforded an opportunity to appear before the panel.  The complainant shall have a right to appoint a representative to appear on behalf of the complainant.  The panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as deemed appropriate.

 

d)         Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsections (b) and (c), the panel shall make a recommendation to the Secretary as to a proper resolution of the grievance. All recommendations shall include reasons for such recommendations and shall bear the signature of the concurring panel members. A dissenting member of the panel may make a recommendation to the Secretary and shall sign the recommendation.

 

e)         Within 15 business days after receipt of the recommendation from the panel, the Secretary shall approve, disapprove, or modify the panel's recommendations, render a decision on those recommendations in writing, state the basis for the decision, and cause a copy of the decision to be served on the parties.  The Secretary's decision shall be final.  If the Secretary disapproves or modifies the panel's recommendations, the Secretary shall include written reasons for disapproval or modification.

 

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

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.60  Accessibility

 

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

 

Section 1660.70  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 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 complainants should rely.

 

(Source:  Amended at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.80  ADA Notice

 

A public notice shall be posted informing applicants, participants, beneficiaries, and other interested persons of the services, programs, or activities of the Department and the Department's compliance with:

 

a)         the Americans With Disabilities Act; and

 

b)         as appropriate, the applicable provisions of Section 504 of the Rehabilitation Act (29 U.S.C. 794).

 

(Source:  Added at 49 Ill. Reg. 14979, effective November 6, 2025)

 

Section 1660.EXHIBIT A   Grievance Form  (Repealed)

 

(Source:  Repealed at 49 Ill. Reg. 14979, effective November 6, 2025)