reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 establishes an Americans With Disabilities Act Grievance Procedure (Procedure)
			 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 35.107 ) 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 Office of the Comptroller
			 (Office), when viewed in its entirety, be readily accessible to and usable by
			 qualified individuals with disabilities.
c) It is the intent of the Office to foster
			 open communication with all individuals requesting access to programs, services
			 and activities. The Office encourages supervisors of programs, services and
			 activities to respond to requests for modifications before they become
			 grievances.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Complainant" is an individual with a disability who files a
				grievance form provided by the Office in accordance with this Part.
"Designated Coordinator" is the person appointed by the
				Comptroller to coordinate the Office's efforts to comply with and carry out its
				responsibilities under Title II of the ADA, including investigation of
				grievances filed by complainants. The Designated Coordinator for the Office is
				the ADA Coordinator. The ADA Coordinator may be contacted at the Office of the
				Comptroller, 325 West Adams, Springfield, Illinois 62706 or by telephone at
				217/782-6000 (voice), 217/782-1308 (TDD).
"Disability" means, with respect to an individual, a physical
				or mental impairment that substantially limits one or more of the major life
				activities of such individual; a record of such impairment; or being regarded
				as having such an impairment.
"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 Office, and who believes he or she has been excluded from
				participation in or denied the benefits of any program, service or activity of
				the Office, or has been subject to discrimination by the Office on the basis of
				his or her disability.
"Qualified individual with a disability" means an individual
				with a disability who, with or without reasonable modifications to rules,
				policies, or practices, the removal of architectural, communication, or
				transportation barriers, or the provision of auxiliary aids and services, meets
				the essential eligibility requirements for the receipt of services or the
				participation in programs or activities provided by the
				Office.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) A grievance
			 shall be submitted in accordance with the procedures established in Sections
			 775.40
			 and
			 775.50
			 of this Part, in the form and manner described, and within specified time
			 limits. 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 Designated 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 Office's final response.
c) The Office shall, upon being informed of
			 individual's desire to file a formal grievance, instruct the individual how to
			 receive a copy of this procedure and the grievance form.
d) A complainant may use the assistance of an
			 advocate in any stage of the grievance procedure.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.40 - Review at the Designated Coordinator Level

Current through Register Vol. 48, No. 28, July 12, 2024
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 prescribed grievance form. (See Appendix A.) The
			 grievance form shall be completed in full in order to receive proper
			 consideration by the Designated Coordinator, and shall include:
1) the complainant's name and, if applicable,
			 address and telephone number;
2)
			 the best means and time for contacting the complainant;
3) the program, activity or service which was
			 denied complainant or in which alleged discrimination occurred;
4) the date and nature of the alleged denial
			 or discrimination;
5) the signature
			 of the complainant.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.50 - Review at the Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 grievance has not been resolved by the designated coordinator to the
			 satisfaction of the complainant, the complainant shall submit a copy of the
			 grievance form and designated coordinator's response to the Comptroller for
			 final review within ten (10) days after receipt of the Designated Coordinator's
			 written response. The complainant shall submit these documents to the
			 Comptroller, together with a short written statement explaining the reason(s)
			 for dissatisfaction with the designated coordinator's response. The Comptroller
			 will extend the period for submitting the review request and supporting
			 documents for up to ten (10) additional days upon complainant's
			 request.
b) The Comptroller shall
			 appoint a three (3) member panel consisting of a representative from the
			 Personnel Department, the Legal Department and the Comptroller's Executive
			 Staff to review the grievance (hereinafter referred to as the "Review Panel").
			 The Designated Coordinator, who rendered the written response to the
			 complainant, shall not be eligible to serve on the Review Panel. One member so
			 appointed shall be designated Chairman. If possible, the Comptroller shall
			 include as one of these appointments, a person with a disability.
c) The complainant shall be afforded an
			 opportunity to appear before the Review Panel. The Review Panel shall review
			 Designated Coordinator's written response and may conduct interviews and seek
			 advice as the Review Panel deems appropriate.
d) The Review Panel shall approve, disapprove
			 or modify the recommendations of the Designated Coordinator, shall render a
			 decision thereon in writing within thirty (30) days, shall state the basis
			 therefore, and shall cause a copy of the decision to be served on the parties.
			 The Review Panel's decision shall be final. If the Review Panel disapproves or
			 modifies the Designated Coordinator's recommendations, the Review Panel shall
			 include written reasons for such disapproval or modification.
e) The grievance form, the Designated
			 Coordinator's response, the statement of reasons for dissatisfaction, and the
			 decision of the Review Panel shall be maintained in accordance with the State
			 Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) [5
			 ILCS 160/1 ] or as otherwise required by
			 law.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 775.70 - Case-by-Case Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
Each grievance involves a unique set of factors which include,
				but each are 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 or not an accommodation would constitute a fundamental alteration
				to the program, service or activity or undue hardship on the Office.
				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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Appendix A - Grievance Form

Current through Register Vol. 48, No. 28, July 12, 2024
Grievance
Discrimination Based on Disability
It is the policy of the Office of the Comptroller to provide
				assistance in filling out this form. If assistance is needed, please
				ask:
ADA Coordinator - Office of the
				Comptroller
325 West Adams Street
Springfield, Illinois 62706
217/782-6000 (Voice) - 217/782-1308 (TTD)
Name:
				________________________________________________________________
Address:
				______________________________________________________________
City, State and Zip Code:
				__________________________________________________
Telephone No.:
				__________________________________________________________
The Best Means and Time for Contacting:
				______________________________________
Program, Service, or Activity to which Access was Denied or in
				which Alleged Discrimination Occurred:
				____________________________________________________________________
Nature of Alleged Discrimination:
______________________________________________________________________
______________________________________________________________________
(Attach additional sheets, if necessary.)
I certify that I am qualified or otherwise eligible to
				participate in the program, service or activity and the above statements are
				true to the best of my knowledge and belief.
__________________
__________________
Signature
Date
Please give to the ADA Coordinator at the address listed
				above.
For Office Use Only
Date Received: ____________________ By:
				__________________________________
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.10 - Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
a) This grievance
			 procedure is established pursuant to the Americans With Disabilities Act of
			 1990 (
			 42 USC 12101
			 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (
			 28
			 CFR 35.107 ) 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 Illinois Council on Developmental
			 Disabilities, when viewed in its entirety, be readily accessible to and usable
			 by qualified individuals with disabilities.
c) It is the intention of the Council to
			 foster open communication with all individuals requesting readily accessible
			 programs, services and activities. The Council encourages supervisors of
			 programs, services and activities to respond to requests for modifications
			 before they become grievances.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" or "ADA" means the Americans With Disabilities Act of
				1990 (
				42 USC 12101
				et seq.).
"Complainant" is an individual with a disability who files a
				grievance on the form set out in Appendix A.
"Council" means the Illinois Council on Developmental
				Disabilities created by
				20 ILCS
				4010/2006.
"Designated Coordinator" is the person appointed by the
				Director of the Council who is responsible for coordination of efforts of the
				Council to comply with and carry out its responsibilities under Title II of the
				ADA, including the investigation of grievances filed by complainants. The
				Designated Coordinator for the Council can be contacted at the Illinois Council
				on Developmental Disabilities, 830 South Spring, Springfield, Illinois 62704,
				(217)782-9696 (voice) or (888)261-2717 (TTY). (See
				28
				CFR 35.107.)
"Director" means the Director of the Illinois Council on
				Developmental Disabilities.
"Disabilities" shall have the meaning set forth in the
				Americans With Disabilities Act.
"Grievance" is any complaint under the ADA that is reduced in
				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 Council and believes he or she has been
				excluded from participation in, or denied the benefits of, any program, service
				or activity of the Council or has been subject to discrimination by the
				Council.
"Grievance Form" means the form set out in Appendix A. The
				Grievance Form is prescribed for the purpose of filing a grievance under this
				Part and includes information such as name, address, phone number, nature of
				the grievance, with specificity, including date of incident, time place and
				witnesses if applicable.
"Qualified individual with a disability" means an individual
				with a disability who, with or without reasonable modifications to rules,
				policies or practices, the removal of architectural, communication or
				transportation barriers, or the provision of auxiliary aids and services, meets
				the essential eligibility requirements for the receipt of services or the
				participation in programs or activities provided by the
				Council.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.40 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted in accordance with procedures established in Sections
			 800.50 and
			 800.60. 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 Designated Coordinator
			 and/or Final Level described in Sections
			 800.50 and
			 800.60.
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 from the Designated Coordinator
			 given in the grievance procedure.
c) The Council shall, upon being informed of
			 an individual's desire to file a formal grievance, instruct the individual how
			 to receive a copy of this procedure and the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.50 - Designated Coordinator Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an individual desires to file a
			 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 in completing the
			 Grievance Form shall be provided by the Council.
c) The Designated Coordinator, or his/her
			 representative, shall investigate the grievance and, if the grievance is found
			 to be valid, shall make reasonable efforts to resolve it. The Designated
			 Coordinator shall provide a written response to the complainant and the
			 Director within 15 business days after receipt of the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.60 - Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 grievance is not 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 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 15 days after receipt by
			 the complainant of the Designated Coordinator's response.
b) Within 15 business days, the Director
			 shall appoint a three-member panel to review the grievance at the Final Level.
			 One member shall be designated chairman. 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) 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 it deems 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 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 the
			 recommendation.
e) Within 15
			 business days after receipt of recommendations from a panel, the Director or
			 designee shall approve, disapprove or modify the panel recommendations; shall
			 render a decision on those recommendations in writing; shall state the basis
			 for his or her decision; and shall cause a copy of the decision to be served on
			 the parties. The Director's decision shall be final. If the Director
			 disapproves or modifies the panel's recommendations, the Director may include
			 written reasons for that 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 800.80 - Case-by-Case Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
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 Council. 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Appendix A - Grievance Form

Current through Register Vol. 48, No. 28, July 12, 2024
Grievance
Discrimination Based on Disability
It is the policy of the Illinois Council on Developmental
				Disabilities to provide assistance in filling out this form. If assistance is
				needed, please ask:
ADA Coordinator - Illinois Council on Developmental
				Disabilities
830 South Spring Street
Springfield, Illinois 62704
(217)782-9696 (Voice)
(888)261-2717 (TTY)
Name:
				________________________________________________________________
Address:
				______________________________________________________________
City, State and Zip Code:
				__________________________________________________
Telephone No.:
				__________________________________________________________
The Best Means and Time for Contacting:
				_____________________________________
Program, Service, or Activity to which Access was Denied or in
				which Alleged Discrimination Occurred:
				___________________________________________________________________
Nature of Alleged Discrimination:
				____________________________________________
______________________________________________________________________
______________________________________________________________________
(Attach additional sheets, if necessary. If the grievance is
				based on a denial of requested reasonable modification, please fill out the
				back of this form.)
I certify that I am qualified or otherwise eligible to
				participate in the program, service or activity and the above statements are
				true to the best of my knowledge and belief.
______________________
______________________
Signature
Date
Please give to the ADA Coordinator at the address listed
				above.
For Office Use Only
Date Received: ________________________________
				By:__________________
(BACK OF FORM)
Please fill out this part of the form if this grievance is
				based upon the denial of a requested reasonable modification. A reasonable
				modification will be made to make programs, services, and activities
				accessible. Reasonable modifications could include such things as providing
				auxiliary aides and devices and changing some policies and requirements to
				allow an individual with a disability to participate. This portion of the form
				should be filled in to the extent you know the answers. The form may be
				submitted even if this portion is incomplete.
Reasonable Modification Requested:
The Date the Reasonable Modification was
				Requested:
The Person to whom the Request was made:
The Reason for Denial:
Estimated Cost of Modification (If an Assistive
				Device, such as a TTY or optical reader, or Commodity or Service to which a
				Cost is Readily Known):
Why is the requested modification necessary to use
				or participate in the program, service, or activity?
Alternative modifications which may provide
				accessibility:
Any other information you believe will aid in a fair
				resolution of this grievance.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 establishes the grievance procedure required by
			 28
			 CFR 35.107, adopted pursuant to the Americans
			 With Disabilities Act of 1990 (
			 42 USC 12101
			 et seq.) requiring the adoption of a procedure to resolve grievances asserted
			 by qualified individuals with disabilities. Interested parties may contact the
			 ADA Coordinator to review the ADA or its regulations to understand the rights,
			 privileges, and remedies afforded by it.
b) In general, the ADA requires that each
			 program, service, and activity offered by the Department of State Police, 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 communications 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ADA" means the Americans With Disabilities Act of 1990 (
				42 USC 12101
				et seq.).
"ADA Coordinator" means the person appointed by the Director of
				the Department to coordinate the Department's efforts to comply with and carry
				out its responsibilities under Title II of the ADA, including any investigation
				of grievances filed by complainants. The ADA Coordinator may be contacted at
				Department of State Police, ADA Coordinator, 3700 East Lake Shore Drive,
				Springfield, Illinois 62712, 217/782-1282 (voice), 800/255-3323 (TDD). (See
				28
				CFR 35.107.)
"Complainant" means a qualified individual with a disability
				who files a grievance on the grievance form provided by the Department.
"Department" means the Illinois Department of State
				Police.
"Director" means the Director of the Department of State Police
				or a duly authorized designee.
"Disability" shall have the same meaning as set forth in the
				ADA.
"Grievance" means any written complaint under the ADA by an
				individual with a disability who meets the eligibility requirements for
				participation in, or receipt of, the benefits of a program, activity, or
				service offered by the Department and who believes he or she has been excluded
				from participation in, or denied the benefits of, any program, service, or
				activity of the Department, or who has been subjected to discrimination by the
				Department on the basis of his or her disability.
"Grievance Form" means the form prescribed by the Department
				for the purpose of filing a grievance under this Part and includes information
				such as name, address, telephone number, nature of the grievance, with
				specificity, including date of incident, time, and place and witnesses, if
				applicable.
"Qualified individual with a disability" means an individual
				with a disability who, with or without reasonable modifications to rules,
				policies, or practices, the removal of architectural, communication, or
				transportation barriers, or the provision of auxiliary aids and services, meets
				the essential eligibility requirements for the receipt of services or the
				participation in programs or activities provided by the
				Department.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.30 - Grievances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 will endeavor to respond to and resolve grievances without the need to resort
			 to the formal grievance procedure established by this Part. However, grievances
			 must be submitted within 180 calendar days after the alleged discrimination and
			 in accordance with procedures established in Sections
			 825.40,
			 825.50,
			 and
			 825.60 of this
			 Part.
b) The Department shall, upon
			 being informed of an individual's request for a form or desire to file a formal
			 grievance, instruct the individual how to receive a copy of this procedure and
			 the Grievance Form.
c) 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's and/or
			 the Final Review described in Sections
			 825.50 and
			 825.60 of this
			 Part.
d) A complainant's failure to
			 submit a Grievance Form, or to submit or appeal it to the next level of review
			 within the specified time limits, shall mean that the complainant has withdrawn
			 the grievance or has accepted the Department's last response as given in the
			 grievance procedure.
e) A
			 complainant must exhaust the remedies provided under this Part as a
			 prerequisite for filing any action before a court or other administrative
			 body.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.40 - Manner of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The filing
			 of a grievance is accomplished by the complainant's submission of a Grievance
			 Form to the ADA Coordinator.
b) If
			 an individual desires to file a grievance, the individual shall promptly, but
			 no later than 180 days after the date of the alleged discrimination, submit a
			 grievance to the ADA Coordinator on the Grievance Form prescribed for that
			 purpose.
c) In order to be deemed
			 filed and to receive proper consideration by the Department, the Grievance Form
			 must be completed in full, except as otherwise indicated on the form. The ADA
			 Coordinator will notify the complainant, within 10 business days after the
			 receipt of the form, if the filing is not complete.
d) Upon request, the Department shall assist
			 an individual in completing the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.50 - ADA Coordinator Review

Current through Register Vol. 48, No. 28, July 12, 2024
The ADA Coordinator or his/her 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 Director within 15 business days after receipt of the
				Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.60 - Final Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 grievance is not resolved pursuant to Section
			 825.50 of
			 this Part to the satisfaction of the complainant, the complainant may submit a
			 copy of the Grievance Form and ADA Coordinator's response to the Director 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 ADA Coordinator's written response, within 15 business
			 days after service of the ADA Coordinator's response. Service is deemed
			 complete five business days after mailing.
b) The Director will extend the period for
			 submitting the review request and supporting documents for up to five
			 additional days upon complainant's request.
c) Within 15 business days after receipt of
			 the complainant's request to the Director for Final Review, the Director shall
			 appoint a three-member panel to evaluate the grievance. The Director shall
			 designate one panel member as chair. The panel shall schedule a review of the
			 grievance, which shall commence no later than 15 business days after the last
			 panel member is appointed.
d) The
			 complainant shall be afforded an opportunity to appear before the panel. The
			 complainant shall have the right to appoint a representative to appear on his
			 or her behalf. The panel shall review the complainant's Grievance Form and the
			 ADA Coordinator's written response, and may conduct interviews and seek advice
			 as it deems appropriate.
e) Upon
			 agreement of at least two of the panel members, but not later than 15 business
			 days after the review described in subsection (c), the panel shall make written
			 recommendations to the Director regarding 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 his or her recommendation.
f) Within 15 business days after receipt of
			 the panel's recommendations, the Director shall approve, disapprove, or modify
			 the panel recommendations; shall render a decision on those recommendations in
			 writing; shall state the basis for his or her decision; and shall cause a copy
			 of the decision to be served on the parties. The Director's decision shall be
			 final. If the Director disapproves or modifies the panel's recommendations, the
			 Director shall include written reasons for such disapproval or
			 modification.
g) The Grievance
			 Form, the ADA Coordinator's response, the complainant's statement of the
			 reasons for dissatisfaction, the panel's recommendations, and the Director's
			 decision shall be maintained in accordance with the State Records Act [5 ILCS
			 160 ] or as otherwise required by law.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 825 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 825.80 - Case-by-Case Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
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 cause undue hardship for 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ADA" means the Americans With Disabilities Act of 1990 (
				42 USC 12101
				).
"Commission" means the Illinois Guardianship and Advocacy
				Commission.
"Complainant" means an individual with a disability who files a
				grievance form provided by the Commission in accordance with this Part.
"Designated Coordinator" means the person(s) appointed by the
				Director of the Illinois Guardianship and Advocacy Commission who is/are
				responsible for the coordination of efforts of the Commission 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 State of Illinois Building, 160 N. LaSalle St., Suite
				S-500, Chicago IL 60601.
"Director" means the Director of the Illinois Guardianship and
				Advocacy Commission or his or her duly authorized representative.
"Disability" means, with respect to an individual, a physical
				or mental impairment that substantially limits one or more of the major life
				activities of such individual; a record of such impairment; or being regarded
				as having such an impairment.
"Grievance" means any formal, written 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 Commission and believes he or she has been
				excluded from participation in, or denied the benefits of, any program, service
				or activity of the Commission or has been subject to discrimination by the
				Commission on the basis of his or her disability.
"Qualified individual with a disability" means an individual
				with a disability who, with or without reasonable modifications to rules,
				policies, or practices, the removal of architectural, communication, or
				transportation barriers, or the provision of auxiliary aids and services, meets
				the essential eligibility requirements for receipt of services or the
				participation in programs or activities provided by the Commission.
"Working days" means Monday through Friday, excluding Saturday,
				Sunday, and State holidays.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.20 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This ADA
			 Grievance Procedure ("Procedure") is established pursuant to the Americans With
			 Disabilities Act of 1990 (
			 42 USC 12101
			 ), and specifically Section 35.107 of the Title II regulations (
			 28
			 CFR 35.107(1991) ),
			 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 Commission,
			 when viewed in its entirety, be readily accessible to and usable by qualified
			 individuals with disabilities.
c)
			 It is the intention of the Commission to foster open communication with all
			 individuals requesting readily accessible programs, services and activities.
			 The Commission encourages supervisors of programs, services and activities to
			 respond to requests for modifications before they become grievances. Upon the
			 filing of a formal written grievance, it is mutually desirable and beneficial
			 that grievances be satisfactorily resolved in a prompt manner.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances shall
			 be submitted in accordance with the procedures established in Sections
			 850.40 and
			 850.50
			 of this Part, in the form and manner described, and within specified time
			 limits. 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 Designated 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 Commission's final response.
c) The Commission shall, upon being informed
			 of an individual's desire to file a formal grievance, instruct the individual
			 how to receive a copy of this procedure and the grievance form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.40 - Designated Coordinator Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an individual desires to file a formal
			 written grievance, the individual shall promptly, but no later than 90 days
			 after the alleged discrimination, submit the grievance to the Designated
			 Coordinator in writing on the grievance form prescribed for that purpose. The
			 grievance form must be completed in full in order to receive proper
			 consideration by the Designated Coordinator, and shall include:
1) the Complainant's name, address and
			 telephone number;
2) the best means
			 and time for contacting the Complainant;
3) the program, activity or service which was
			 denied the Complainant or in which alleged discrimination occurred;
4) the date and nature of the alleged denial
			 or discrimination; and
5) the
			 signature of the Complainant.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.50 - Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 850 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 850.70 - Case-by-Case Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
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 Commission. 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 875 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 875.20 - Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 875 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 875.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 875 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 875.40 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
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.