Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1725 - AMERICANS WITH DISABILITIES ACT AND CIVIL RIGHTS PROGRAM GRIEVANCE PROCEDURE › Subpart A - GENERAL RULES › Section 1725.30 - General Grievance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
The Department will endeavor to respond to and resolve
				  reasonable accommodation requests and any complaints of alleged discrimination
				  without the need to resort to the formal grievance procedure established by
				  this Part.
b) Outreach
The Department will provide a copy of this formal grievance
				  procedure and the required formal grievance intake forms to anyone making a
				  request or expressing a desire to file a formal grievance.
c) Assistance
The Department will assist a complainant with the completion
				  of the formal grievance intake form upon request.
d) Timeliness
Unless there are extenuating circumstances, the formal
				  grievance intake forms must be received by the ADA/Civil Rights Program
				  Coordinator in writing within 5 days after the date of denial of a request for
				  reasonable accommodation or 180 days after the date of the last incident of
				  alleged discrimination under the ADA (see
				  28
				  CFR 35.170(b) ), or the
				  deadlines set by other applicable federal and State civil rights laws. The time
				  limits established in this procedure are in calendar days, unless otherwise
				  stated, and may be extended with just cause by the Department or by mutual
				  agreement of the parties. Extensions will be put in writing and signed by the
				  complainant and the Coordinator at the Initial Level Review and by the
				  complainant and the Director at the Final Level Review.
e) ADA/Civil Rights Program Formal Grievance
				Intake Forms
A formal grievance must be submitted in writing in the manner
				  described in Section
				  1725.40 on the
				  formal grievance intake form prescribed in Appendix A.
f) Screening
The Coordinator will notify the complainant and other
				  concerned parties within 10 business days by certified mail after the receipt
				  of the formal grievance intake form if the filing is untimely or
				  incomplete.
g) Advocacy
A complainant may use the assistance of an advocate in any
				  stage of this formal grievance procedure.
h) Withdrawal of the ADA/Civil Rights Program
				Formal Grievance Intake Form
The formal grievance intake form, or any part of the
				  allegations, may be withdrawn by the complainant during the investigation upon
				  receipt by the Coordinator of a written request for withdrawal.
i) Waiver
A complainant's failure to submit a formal grievance, to
				  rectify an incomplete filing, or to appeal a notice of dismissal or the
				  recommendation for resolution by the Coordinator 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 Department given in
				  the grievance procedure.
j)
				Dismissal of the Formal Grievance
If a formal grievance is filed in an untimely or incomplete
				  manner, then the Coordinator will document that finding and notify the
				  complainant and other concerned parties of dismissal within 10 business days by
				  certified mail.
k)
				Completeness
The formal grievance intake form must be completed in full to
				  receive proper consideration by the Coordinator.