Section 1725.60  Final Level Review

a)         If a grievance has not been resolved by the ADA/Civil Rights Program Coordinator to the satisfaction of the complainant, the complainant may appeal to the Director for final review.  Within 15 business days after service of the notice of dismissal or the Coordinator's recommendations, the complainant must submit a copy of the formal grievance intake form, any responses from the Coordinator, together with a short written statement explaining the reasons for dissatisfaction with the possible recommendations to resolve the pending dispute, and any other supporting documentation.  The date of service of the written response shall be deemed to be the date of its mailing.  The Director will extend the period for submitting the appeal and supporting documentation for up to five additional calendar days, upon complainant's request.

b)         The Director may request that the complainant either appear in person, or by an advocate, or respond to pertinent questions in writing.  The Director is authorized to conduct interviews and seek relevant advice and additional evidentiary information with respect to the grievance as he or she deems appropriate.

c)         The Director will approve, disapprove, or modify the Coordinator's dismissal or recommendations and issue a written decision stating the reasons for the official position of the Department.  A copy of the decision will be sent by certified mail to the complainant and other concerned parties within 45 business days after receipt of the appeal.  The Director's decision shall be the final decision of the Department.

d)         The record of a formal grievance, including the formal grievance intake form, the Coordinator's responses, the complainant's statement of reasons for dissatisfaction, 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.