reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1775.50 - 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 business 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 or 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 such 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 1775 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1775.70 - 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 System. 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 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Americans
			 With Disabilities Act grievance procedure is established pursuant to the
			 Americans With Disabilities Act of 1990 (
			 42 USC 12101
			 et seq.) (ADA) and specifically
			 28
			 CFR 35.107 requiring that a procedure be
			 established to resolve grievances asserted by qualified individuals with
			 disabilities. Any individual desiring to review the ADA or its regulations to
			 understand the rights, privileges and remedies afforded by it may contact the
			 Designated Coordinator.
b) In
			 general, the ADA requires that each program, service and activity offered by
			 the State Board of Elections (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 ready access to programs,
			 services and activities. The Office encourages directors of programs, services
			 and activities to respond to requests for modifications before they become
			 grievances.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ADA" means the Americans With Disabilities Act (
				42 USC 12101
				et seq.).
"Complainant" is an individual with a disability who files a
				Grievance Form provided by the Office in accordance with Section
				1800.30.
"Designated Coordinator" is the person appointed by the State
				Board of Elections to coordinate the Office's efforts to comply with and carry
				out its responsibilities under Title II of the ADA (State and Local Government
				Services and Public Transportation), including the investigation of grievances
				filed by complainants. The Designated Coordinator may be contacted at the
				Office of the State Board of Elections, 1020 South Spring Street, Springfield,
				Illinois 62704 or by telephone at 217/782-4141 (voice), 217/782-1518
				(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 that individual, a record of such an impairment, or being
				regarded as having such an impairment.
"Executive Director" means the Executive Director of the State
				Board of Elections.
"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 she or he 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
				her or his disability.
"Office" means the Office of the State Board of
				Elections.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted through the channels defined in this Section, in the form and
			 manner described, and 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 business 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 by the Office.
c) Upon being informed by an individual that
			 the individual desires to file a formal grievance, the Office shall provide the
			 individual with a copy of this Part and the Grievance Form.
d) In order to be deemed filed and to receive
			 proper consideration by the Designated Coordinator, the Grievance Form must be
			 completed in full except as otherwise indicated. The Designated Coordinator
			 will notify the complainant within 10 days after the receipt of the form if the
			 filing is not complete. The Office will assist with completion of the Grievance
			 Form upon request.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.40 - 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
			 calendar days after the alleged discrimination, submit the grievance to the
			 Designated Coordinator in writing on the prescribed Grievance Form. The
			 Grievance Form must be completed in full in order to receive proper
			 consideration by the Designated Coordinator.
b) Upon request, assistance shall be provided
			 by the Office to complete the Grievance Form.
c) The Designated Coordinator, or her or his
			 representative, shall investigate the grievance and shall make reasonable
			 efforts to resolve it. The Designated Coordinator shall provide a written
			 response to the complainant and the Executive Director within 10 days after
			 receipt of the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.50 - Review at the Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 grievance has not been resolved at the Designated Coordinator Level to the
			 satisfaction of the complainant, the complainant may submit a copy of the
			 Grievance Form and the Designated Coordinator's response to the Executive
			 Director for final review within 10 days after receipt of the Designated
			 Coordinator's written response. 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.
			 The Executive Director will extend the period for submitting the review request
			 and supporting documents for up to 10 additional days upon complainant's
			 request.
b) The Executive Director
			 shall appoint a 3 member Review Panel to review the grievance at the Final
			 Level. One member so appointed shall be designated chairperson. The Designated
			 Coordinator or any representative of the Designated Coordinator, who conducted
			 the investigation at the Designated Coordinator Level, may not be a member of
			 the Review Panel.
c) The
			 complainant shall be afforded an opportunity to appear before the Review Panel.
			 The Review Panel shall review the Designated Coordinator's written response and
			 may conduct interviews and seek advice as it deems appropriate.
d) The Review Panel shall approve, disapprove
			 or modify the recommendation of the Designated Coordinator, shall render a
			 decision in writing within 30 days, shall state the basis for the decision, 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 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 [5 ILCS 160 ] or as otherwise required by law.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 1800 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 1800.70 - 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 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 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.10 - 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, 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
			 State Appellate Defender, when viewed in its entirety, be readily accessible to
			 and usable by qualified individuals with disabilities.
c) It is the intention of the Office to
			 foster open communication with all individuals requesting readily accessible
			 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 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.20 - 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 Form provided by the Office under this procedure.
"Designated Coordinator" is the person appointed by the State
				Appellate Defender who is responsible for coordination of efforts of the Office
				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 Office of the State Appellate Defender, 400 W.
				Monroe St., Suite 202, Springfield IL 62704. (See
				28
				CFR 35.107.)
"Disabilities" shall have the same meaning set forth in the
				Americans With Disabilities Act.
"Grievance" is any complaint under the ADA that is reduced to
				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 Office and 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.
"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.
"Office" means the Office of the State Appellate
				Defender.
"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 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted in accordance with procedures established in Sections
			 2100.40
			 and
			 2100.50. 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 the Final Levels described in Sections
			 2100.40
			 and 2100.50.
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 Office given
			 in the grievance procedure.
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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.40 - 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 prescribed for that purpose. 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
			 Office.
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 State Appellate Defender within 15 business days after
			 receipt of the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.50 - 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 State Appellate
			 Defender for final review. The complainant shall submit these documents to the
			 State Appellate Defender, together with a short written statement explaining
			 the reasons for dissatisfaction with the Designated Coordinator's written
			 response, within 15 business days after receipt by the complainant of the
			 Designated Coordinator's response.
b) Within 15 business days, the State
			 Appellate Defender 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 or 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 State
			 Appellate Defender 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 State Appellate Defender in writing and
			 shall sign the recommendation.
e)
			 Within 15 business days after receipt of recommendations from a panel, the
			 State Appellate Defender 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 State Appellate Defender's
			 decision shall be final. If the State Appellate Defender disapproves or
			 modifies the panel's recommendations, the State Appellate Defender 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 State Appellate Defender
			 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 2100 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2100.70 - 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 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 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.10 - 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, 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 Healthcare and Family Services' ('HFS') 504/ADA
				Coordinator.
b) In general, the ADA requires that each program, service and
				activity offered by HFS, when viewed in its entirety, be readily accessible to
				and usable by qualified individuals with disabilities.
c) It is the intention of HFS to foster open communication with
				all individuals requesting readily accessible programs, services and activities.
				HFS 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 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.20 - 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 Form provided by HFS under this procedure.
"504/ADA Coordinator" is the person appointed by the Director who
				is responsible for coordination of efforts of HFS to comply with and carry out
				its responsibilities under Title II of the ADA, including investigation of
				grievances filed by complainants. The 504/ADA Coordinator may be contacted at 401
				South Clinton, Chicago, IL 60607. (See  28 CFR 35.107)
"Chief Equal Employment Opportunity/Affirmative Action Officer"
				means the Chief EEO/AA Officer of HFS.
"Disability" shall have the same meaning set forth in the
				Americans with Disabilities Act.
"Grievance" is any complaint under the ADA that is reduced to
				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 HFS and believes he or she has been excluded from
				participation in, or denied the benefits of, any program, service or activity of
				HFS or has been subject to discrimination by HFS.
"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" shall have the same
				meaning set forth in the Americans with Disabilities Act.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must be submitted in accordance with procedures
				established in Sections 2110.40 and 2110.50 of this Part. 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 504/ADA Coordinator and/or the Final Level
				described in Sections 2110.40 and 2110.50.
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 HFS given in the grievance procedure.
c) HFS 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.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.40 - 504/ADA 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 504/ADA 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 504/ADA Coordinator.
b) Upon request, assistance in completing the Grievance Form
				shall be provided by HFS.
c) The 504/ADA Coordinator, or the 504/ADA Coordinator's
				representative, shall investigate the grievance and, if the grievance is found to
				be valid, shall make reasonable efforts to resolve it. The 504/ADA Coordinator
				shall provide a written response to the Complainant and Chief EEO/AA Officer
				within 15 business days after receipt of the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.50 - Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the grievance is not resolved at the 504/ADA Coordinator
				Level to the satisfaction of the Complainant, the Complainant may submit a copy
				of the Grievance Form and 504/ADA Coordinator's response to the Chief EEO/AA
				Officer for final review. The Complainant shall submit these documents to the
				Chief EEO/AA Officer, together with a short written statement explaining the
				reasons for dissatisfaction with the 504/ADA Coordinator's written response,
				within 15 business days after receipt by the Complainant of the 504/ADA
				Coordinator's response.
b) Within 15 business days, the Chief EEO/AA Officer shall
				appoint a three-member panel to review the grievance at the Final Level. One
				member shall be 504/ADA 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) Complainant shall be afforded an opportunity to appear before
				the panel. Complainant shall have a right to appoint a representative to appear
				on the Complainant's behalf. The panel shall review the 504/ADA 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 Chief EEO/AA Officer 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 Chief
				EEO/AA Officer in writing and shall sign the recommendation.
e) Within 15 business days after receipt of recommendations from
				a panel, the Chief EEO/AA Officer or designee shall: approve, disapprove or
				modify the panel recommendations; render a decision on those recommendations in
				writing; state the basis for the decision; and cause a copy of the decision to be
				served on the parties. The Chief EEO/AA Officer's decision shall be final. If the
				Chief EEO/AA Officer disapproves or modifies the panel's recommendations, the
				Chief EEO/AA Officer may include written reasons for that disapproval or
				modification.
f) The Grievance Form, the 504/ADA Coordinator's response, the
				Complainant's statement of the reasons for dissatisfaction, the recommendations
				of the panel, and the decision of the Chief EEO/AA Officer 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 2110 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 2110.70 - 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 HFS. 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 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.15 - Nature of Formal Administrative Proceedings; Contested Cases; Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
8 Ill. Adm. Code 1: Subpart B governs practices and
				  procedures applicable to formal administrative proceedings conducted by the
				  Department of Agriculture in hearing contested cases under the laws
				  administered by the Department. "Where the Act creating or conferring power on
				  an agency establishes administrative proceduresnot covered by this Act, such
				  procedures shall remain in effect" ( Section 1-5 of the Illinois Administrative
				  Procedure Act). Procedures governing contested cases or licensing shall be
				  those established by the Illinois Administrative Procedure Act and in Subpart B
				  of this Part; "If,however,an agency has existing procedures on July 1,
				  1977,specifically for contested cases or licensing, those existing provisions
				  control" (quoted from Section 1-5 of the Illinois Administrative Procedure
				  Act).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.20 - Initiation of Formal Administrative Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A formal administrative proceeding to hear
				contested cases under the laws administered by the Department of Agriculture
				shall be initiated by the Department in accordance with Section
				1.60
				of this Part.
b) The Director of
				the Department shall designate an administrative law judge.
c) The respondent may file an affidavit
				setting forth specific allegations of personal bias, prejudice or
				disqualification of a presiding administrative law judge. Such affidavit shall
				be filed, if at all, prior to the start of a contested case hearing.
d) The Director, on his or her own motion or
				upon petition of the respondent, shall disqualify the administrative law judge
				when the Director finds the administrative law judge has direct involvement in
				the case.
e) An administrative law
				judge may, at any time, voluntarily disqualify himself or herself.
f) When an administrative law judge is
				disqualified, the Director shall appoint another administrative law
				judge.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.22 - Qualifications and Authority of the Department's Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appointment and
				qualifications of the administrative law judges: In accordance with Section
				10-20 of the Illinois Administrative Procedure Act, the following persons are
				authorized to act as administrative law judges:
1) the Director;
2) the Director may appoint an attorney
				licensed to practice law in Illinois; or
3) the Director may appoint a person as an
				administrative law judge who is not licensed to practice law in Illinois,
				provided such person meets the following minimum qualifications:
A) The person has at least two years of
				experience in administrative law.
B) The person has knowledge of evidentiary
				procedures and of the procedures for formal administrative
				proceedings.
C) The person has
				knowledge of the laws, rules and regulations applicable to the
				Department.
D) The person has the
				ability to prepare complex and technical legal documents.
E) The person has the ability and skill to
				analyze and appraise facts, evidence, legal and administrative documents,
				records, and audits in order to obtain a clear mental picture of the issues
				involved.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.25 - Record of Formal Administrative Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
The record of a formal administrative proceeding shall
				  include the following:
a) Any petition
				that has been filed with the Director and all submitted data and information on
				which it relies.
b) All pleadings
				(including all notices and responses thereto), motions and ruling.
c) A statement of matters officially
				noticed.
d) The transcript of the
				hearing, if any, discovery documentation, if any, and evidence received, if
				any.
e) The memorandum of the
				administrative law judge that states the action taken at conference(s), if
				held, and notes of ex parte communication, if any, in accordance with Section
				10-60 of the Illinois Administrative Procedure Act.
f) The Director's or administrative law
				judge's decision or order on such petition, proposal or administrative
				action.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.30 - Time Limit That Record of Proceeding Remains Open (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.35 - Rules of Practice in Formal Administrative Hearings, Contested Cases and Licensing Proceedings (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.40 - Formal Administrative Proceeding: Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) All communications to the Department
				concerning formal administrative proceedings shall be addressed to the Director
				or administrative law judge, State Fairgrounds, P.O. Box 19281, Springfield,
				Illinois 62794-9281, unless otherwise instructed.
b) A copy of the formal complaint shall
				either be served personally or shall be served by registered or certified mail
				on the respondent or his or her authorized agent. Proof of service of the
				complaint shall be made by affidavit of the person making personal service, or
				by the registered or certified mail receipt.
c) Any pleadings, motions, orders, and
				conference or discovery notices, after issuance of the complaint, shall be
				served personally or by First Class United States Mail, and copies thereof
				shall be filed with the administrative law judge.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.42 - Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) The respondent
				or the respondent's attorney may request verbally or in writing a conference
				with the Department and its administrative law judge at any time prior to or
				during the course of a hearing. The administrative law judge shall direct the
				parties or their attorneys to appear at a specific time and place for a
				conference when it appears that one or more of the following may be
				accomplished:
1) the simplification of
				issues;
2) the necessity or
				desirability of amending the pleadings for the purposes of clarification,
				amplification or limitation;
3) the
				possibility of making admissions of certain facts or stipulations concerning
				the use of either or both parties of matters of public record to avoid
				unnecessary introduction of proof;
4) the limitation of the number of
				witnesses;
5) the propriety of
				prior mutual exchange between or among the parties of prepared testimony and
				exhibits; and
6) such other matters
				as may aid in the simplification of the evidence and disposition of the
				proceeding.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.44 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
				request of any party, the following discovery procedures shall be ordered by
				the administrative law judge when necessary to expedite the proceedings, to
				ensure a clear or concise record, to ensure a fair opportunity to prepare for
				the hearing, or to avoid surprise at the hearing:
1) production or inspection of documents,
				books, and records pertinent to the case;
2) depositions;
3) interrogatories.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.45 - Notice of Formal Administrative Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director or the administrative law
				judge shall set the date, time, and place of all formal administrative
				proceedings.
b) The formal
				administrative proceeding shall be held in the offices of the Department in
				Springfield, Illinois, or in such other place as the Director or administrative
				law judge shall for stated cause designate (e.g., respondent unable to travel
				because of age or infirmity).
c)
				The Department shall give written notice to affected parties not later than 10
				days prior to the date on which the formal administrative proceeding is
				scheduled, unless the specific statute or rules under which the alleged
				violation occurred state otherwise.
d) Failure to comply with the provisions of
				this Subpart may not be used as a defense to an enforcement action, but any
				person adversely affected by such failure of compliance may have the hearing
				postponed upon motion to the administrative law judge.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.50 - Formal Administrative Proceeding: Complainants, Petitioners, and Respondents

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				initiating a complaint, the Department shall be designated the complainant. Any
				adverse party shall be designated as the respondent.
b) Any person who has been affected by an
				adverse decision of the Department may file a petition with the Director. Such
				person shall be designated the petitioner, and the Department shall be
				designated the respondent.
c)
				Misnomer of a party is not grounds for dismissal, but the name of any party may
				be corrected at any time.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.55 - Formal Administrative Proceeding: Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may appear in a formal
				administrative proceeding as follows:
1) A
				natural person may appear in his or her own behalf or be represented by an
				attorney at law who is licensed to practice law in the State of Illinois, or
				both. Any attorney or counselor at law from any other jurisdiction in the
				United States or foreign country, who is admitted to practice in that
				jurisdiction, may participate in a formal administrative proceeding.
2) A business, nonprofit or government
				organization may appear by any bonafide officer, employee or representative, or
				may be represented by an attorney licensed to practice law in the State of
				Illinois or both. Any attorney or counselor at law from any other jurisdiction
				in the United States or foreign country, who is admitted to practice in that
				jurisdiction, may participate in a formal administrative proceeding.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.60 - Initiation of Complaints: Formal Complaints and Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints may be initiated by the
				Department and shall be in the form of a formal complaint.
1) A formal complaint shall:
A) be in writing and be addressed to the
				person alleged to be in violation of the statute or rules.
B) serve as notice and contain the following:
i) a statement of the date, time, place and
				nature of the hearing;
ii) a
				statement of the legal authority and jurisdiction under which the hearing is to
				be held and the official file number;
iii) a reference to the particular section(s)
				of the statute(s) and rule(s) of which the respondent is alleged to be in
				violation;
iv) a statement of when
				and where the alleged violation(s) occurred;
v) a short and plain statement of facts that
				the alleged violation(s) occurred;
vi) a statement indicating all possible
				consequences that the complainant seeks if the allegations in the complaint are
				proven; and
vii) the names and
				addresses of the administrative law judge, all affected parties, and all other
				persons to whom the Department gives notice of the contested case
				hearing.
C) The Formal
				Complaint shall be served in the manner as prescribed in the specific enabling
				Act or as set forth in Section
				1.40 of
				this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.65 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions may be
				presented requesting a postponement of the hearing; a more sufficient pleading;
				a bill of particulars; the striking of irrelevant or immaterial matter; the
				dismissal of the proceedings for want of jurisdiction; the quashing of a
				subpoena; the postponement of an effective date of an order; the extension of
				time for compliance with an order; or such other relief or order as may be
				appropriate.
b) Motions, unless
				made orally during a hearing, shall be made in writing at least 5 days prior to
				the date of the hearing or on such other date as the administrative law judge
				shall designate, shall set forth the relief or order sought, and shall be ruled
				upon on the day of such hearing, or prior to such hearing after notice to all
				parties and opportunity to be heard on such motion.
c) Motions made orally during the hearing
				shall be ruled on immediately by the administrative law judge or taken under
				advisement and ruled upon at a later date.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1 - ADMINISTRATIVE RULES (FORMAL ADMINISTRATIVE PROCEEDINGS; CONTESTED CASES; PETITIONS; PUBLIC DISCLOSURE) › Subpart B - FORMAL ADMINISTRATIVE PROCEEDINGS › Section 1.70 - Documents Filed in a Formal Administrative Proceeding: Format

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any papers filed in a proceeding shall be
				legible and lines should be double spaced, except that long quotations may be
				single spaced. Printed papers, if legible, will be accepted.
b) All papers, except exhibits, shall be cut
				or folded so as not to exceed a width of 8 1/2 inches and a length of 14
				inches. Whenever practical, all exhibits of a documentary character shall
				conform to said requirements.
c)
				The original of a pleading, written motion, notice or application for further
				hearing shall be signed in ink by the party filing the paper or by an officer,
				agent or attorney thereof.
d)
				Pleadings, written motions, notices, and applications for further hearings
				shall contain the address of the party filing the paper or, if the filing party
				is an attorney, the name and business address of such attorney.