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)