Section 1050.50  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 Designated Coordinator's response to the Executive Director of the Board for final review.  The complainant shall submit these documents to the Executive Director, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within five business days after receipt by the complainant of the Designated Coordinator's response.

b)         Within 15 business days, the Executive Director shall appoint a three-member panel to review the grievance at the Final Level.  One member so appointed shall be the designated chairperson.  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 and shall have a right to appoint a representative to appear on his or her behalf.  The panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as it considers appropriate.

d)         Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make a recommendation in writing to the Executive Director as to the proper resolution of the grievance.  All such 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 signed recommendation to the Executive Director.

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

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

(Source:  Amended at 41 Ill. Reg. 10455, effective July 31, 2017)