reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 400 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 400.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted as set forth in Sections
			 400.40 and
			 400.50.
			 It is mutually beneficial that grievances be satisfactorily resolved in a
			 prompt manner, but time limits may be extended by agreement in writing by the
			 complainant and the Designated Coordinator or another employee authorized by
			 the Executive Director.
b) A
			 complainant's failure to follow the steps outlined in Sections
			 400.40 and
			 400.50
			 within the time limits stated or any agreed extension of the time limits shall
			 constitute a withdrawal of the grievance.
c) The Commission shall, upon being informed
			 of an individual's desire to file a grievance, furnish the individual a copy of
			 this Part and the grievance form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 400 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 400.40 - Designated Coordinator Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual who wishes to file a
			 grievance shall promptly, but no later than 180 calendar days after the alleged
			 violation of the ADA, submit the grievance to the designated coordinator in
			 writing on the form prescribed for that purpose.
b) The grievance form must be completed in
			 full. Upon request, the Commission shall provide assistance in the completion
			 of the grievance form.
c) The
			 designated coordinator, or his or her representative, shall investigate the
			 grievance and shall make efforts to resolve it. The designated coordinator
			 shall provide a written response to the complainant and the Commission's
			 Executive Director within ten business days after receipt of the completed
			 grievance form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 400 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 400.50 - Final Level

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 designated coordinator has not resolved the grievance to the satisfaction of
			 the complainant, the complainant may submit a copy of the grievance form and
			 designated coordinator's response to the Commission's Executive Director for
			 final review. The complainant shall submit these documents to the Executive
			 Director, together with a written statement explaining the reasons for
			 dissatisfaction with the designated coordinator's response, within twenty
			 business days after receipt by the complainant of the designated coordinator's
			 response.
b) The Executive Director
			 shall appoint one or more Commission employees to review the grievance. The
			 complainant shall have the opportunity to discuss the grievance with the person
			 or persons appointed to review the grievance. The employee or employees shall
			 review the designated coordinator's response and shall conduct any interviews
			 necessary to further investigate the grievance.
c) The employee or employees shall make
			 written recommendations to the Executive Director as to the proper resolution
			 of the grievance. All recommendations shall include reasons for such
			 recommendations and shall bear the signature of the employee or employees
			 making the recommendation.
d) Upon
			 receipt of the recommendations, the Executive Director shall approve,
			 disapprove or modify the recommendations, and shall render a written decision
			 on the grievance, stating the basis for the decision. The Executive Director's
			 decision shall be furnished to the complainant, and shall be final.
e) The grievance form, the designated
			 coordinator's response, the statement of reasons for dissatisfaction, the
			 employee recommendations and the decision of the Executive Director shall be
			 maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch.
			 116, par. 43.3 et seq.).
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 400 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 400.70 - Case-by-case Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
Each grievance involves a unique set of factors including the
				nature of the disability, the otherwise applicable eligibility requirements,
				the benefits to be derived, the nature of the agency service, program or
				activity at issue, the health and safety of others, and whether an accomodation
				would constitute a fundamental alteration of the program, service or activity
				or an undue hardship to 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 person should rely.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.10 - 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:
DCFS ADA Officer
1921 South Indiana
Chicago IL 60616
(312)808-5000
DCFS.OfficeofAffirmativeAction@illinois.gov
b) In general, the ADA requires that each
			 program, service and activity offered by the Department of Children and Family
			 Services, 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 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.20 - 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 Department under this procedure.
"Department" means the Department of Children and Family
				Services.
"Designated Coordinator" is the person appointed by the
				Department 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. (See
				28
				CFR 35.107.)
"Director" means the Director of the Department of Children and
				Family Services.
"Disabilities" shall have the same meaning as set forth in the
				ADA.
"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 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.
"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
				Department.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted in accordance with procedures established in Sections
			 425.40
			 and
			 425.50.
			 It is mutually desirable and beneficial that grievances be satisfactorily
			 resolved in a prompt manner. Time limits established in this Part 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 Section 425.50.
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 Department given during
			 the grievance procedure.
c) The
			 Department shall, upon being informed of an individual's desire to file a
			 formal grievance, instruct the individual how to receive a copy of this Part
			 and the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.40 - 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
			 Department.
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 Director within 15 business days after receipt of the Grievance
			 Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.50 - 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 chair. 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 those 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 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 425 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 425.70 - 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 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 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Americans
			 With Disabilities Act (ADA) Grievance Procedure (Procedure) is established
			 pursuant to the Americans With Disabilities Act of 1990 ( 42 USC Section 12101
			 et seq.) 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,
			 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 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievance
A grievance is any complaint under the ADA by an individual
				with a disability who:
1) meets the
			 essential eligibility requirements for participation in or receipt of the
			 benefits of a program, activity or service offered by the Department,
			 and
2) 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 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.30 - 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 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 Department's last response.
c)
			 The Department shall, upon being informed of that 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 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.40 - 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 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 shall be provided
			 by the Department to complete the Grievance Form.
c) The Designated Coordinator, or his/her
			 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 Director within ten (10) business days after
			 receipt of the Grievance Form.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.50 - 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 Designated Coordinator's response to the Director of the
			 Department for final review. The complainant shall submit these documents to
			 the Director, together with a short written statement explaining the reason(s)
			 for dissatisfaction with the Designated Coordinator's written response, within
			 five (5) business 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 chairman.
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 it deems appropriate.
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 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 also sign such recommendation.
e) Upon receipt of recommendations from a
			 panel, the Director shall approve, disapprove or modify the Panel
			 recommendations, shall render a decision thereon in writing, shall state the
			 basis therefor, 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 recommendations, the Director shall include written reasons
			 for such disapproval or modification.
f) The Grievance Form, the Designated
			 Coordinator's response, the statement of reasons for dissatisfaction, the
			 recommendations of the panel and the decision of the Director shall be
			 maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch.
			 116, par. 43.3 et seq.) or as otherwise required by law.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 450 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 450.70 - 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 are not limited to: the specific nature of the disability; the essential
				eligibility requirements, the benefit 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 accomodation would constitute a fundamental alteration to the
				program, service or activity or undue hardship on 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 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "ADA" means the
			 Americans With Disabilities Act of 1990 (
			 42 U.S.C.
			 12101 et seq.).
b) "ADA Coordinator" means the person or
			 persons designated by the Director or Chief Administrative Officer to
			 coordinate efforts of the Department or a facility in carrying out its
			 responsibilities under Title II of the ADA.
c) "Chief Administrative Officer" means the
			 highest ranking official of a correctional facility.
d) "Department" means the Department of
			 Corrections.
e) "Director" means
			 the Director of the Department of Corrections.
f) "Grievance" means any formal, written
			 complaint under the ADA by an individual with a disability who:
1) Meets the essential eligibility
			 requirements for participation in or receipt of the benefits of a program,
			 activity, or service offered by the Department; and
2) 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 on
			 the basis of disability.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.17 - Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
			 specified, the Director or Chief Administrative Officer may delegate
			 responsibilities stated in this Part to another person or persons or designate
			 another person or persons to perform the duties specified.
b) No other individual may routinely perform
			 duties whenever a Section in this Part specifically states the Director or
			 Chief Administrative Officer shall personally perform the duties. However, the
			 Director or Chief Administrative Officer may designate another person or
			 persons to perform the duties during periods of his temporary absence or in an
			 emergency.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.20 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall promptly review grievances and consider any reasonable
			 requests for modification to its programs, services, or activities which
			 allegedly discriminate under the ADA on the basis of disability.
b) Each grievance or request for modification
			 shall be considered on a case-by-case basis, based on the unique set of factors
			 of each case which may include, but not be limited to:
1) The specific nature of the
			 disability;
2) The essential
			 eligibility requirements, the benefits to be derived, and the nature of the
			 program, service, or activity;
3)
			 The health, safety, or security of any person; and
4) Whether or not a modification would
			 constitute a fundamental alteration to the program, service, or activity or an
			 undue hardship on the Department.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.30 - Verbal Requests and Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
Employees, applicants and persons other than committed persons
				may make verbal requests for reasonable modifications or verbal complaints
				regarding alleged discrimination to staff at any Department facility or office.
				Such requests or complaints shall be forwarded through chain-of-command to
				determine whether any immediate action may be taken. If the request or
				complaint is not resolved to the satisfaction of the individual, a written
				grievance may be filed in accordance with Section
				475.40.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.40 - Grievance Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
This Section applies to any persons except committed
				persons.
a) Grievances under the ADA
			 shall be submitted to:
Americans With Disabilities Act Coordinator
Illinois Department of Corrections
4-200 State of Illinois Center
100 W. Randolph
Chicago, Illinois 60601
Attention: ADA Grievance
b) Grievances shall be in writing and should
			 be on the form provided by the Department. The grievance shall include, among
			 other matters:
1) The program, service, or
			 activity in which alleged discrimination occurred;
2) Date and nature of the alleged
			 discrimination;
3) If applicable,
			 the reasonable modification allegedly denied and the estimated cost of such
			 modification; and
4) Alternative
			 modifications that may provide accessibility and the estimated cost of such
			 alternatives.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 475 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 475.50 - Appeal Process

Current through Register Vol. 48, No. 28, July 12, 2024
This Section applies to any persons except committed
				persons.
a) If the grievance is not
			 resolved to the satisfaction of the grievant, the grievant may appeal the ADA
			 Coordinator's decision to the Director. Failure to appeal in a timely manner
			 shall be construed to mean the grievant has withdrawn the grievance or has
			 accepted the ADA Coordinator's response.
b) Appeals shall be submitted in writing,
			 within 15 working days after the date of the ADA Coordinator's response, to:
Director
Illinois Department of Corrections
1301 Concordia Court
P. O. Box 19277
Springfield, Illinois 62794-9277
Attention: ADA Appeal
c) Written appeals shall include:
1) A brief statement explaining the reasons
			 for dissatisfaction with the ADA Coordinator's response;
2) A statement indicating whether or not the
			 grievant wishes to appear before the person or persons appointed by the
			 Director;
3) A copy of the
			 grievance form and the ADA Coordinator's response; and
4) Any other supporting materials.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.10 - Purpose

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 Department of
			 Juvenile Justice, 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 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.20 - 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 Agency under this procedure.
"Department" means the Department of Juvenile Justice.
"Designated Coordinator" is the person appointed by the
				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 2715 West Monroe Street, Springfield IL 62704.
				(See
				28
				CFR 35.107.)
"Director" means the Director of the Department of Juvenile
				Justice.
"Disabilities" shall have the 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 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.
"Grievance Form" is prescribed for the purpose of filing a
				grievance under this Part and includes information such as name, address, phone
				number, and nature of the grievance, with specificity, including date, time and
				place of the incident 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 from, or the
				participation in programs or activities provided by, the
				Department.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances must
			 be submitted in accordance with procedures established in Sections
			 530.40
			 and
			 530.50.
			 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 Level and/or the Final Levels described in Section
			 530.50.
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 Department given in
			 the grievance procedure.
c) The
			 Designated Coordinator shall, upon being informed of the 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 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.40 - 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
			 Department.
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 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.50 - 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 days, the Director shall appoint
			 a three-member panel to review the grievance at the Final Level. One member
			 shall be the 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 the 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 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 sign that
			 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 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 530 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 530.70 - 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 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 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ADA" means the Americans With Disabilities Act of 1990 (
				42 U.S.C.
				12101 et seq. (1991)).
"Complainant" means an individual with a disability who files a
				grievance form provided by the Department in accordance with this Part.
"Department" means the Illinois Department of
				Agriculture.
"Designated Coordinator" means the person appointed by the
				Director to coordinate the Department's efforts to comply with and carry out
				its responsibilities under Title II of the ADA, including the investigation of
				grievances filed by complainants. Grievances under the ADA shall be submitted
				to:
Americans With Disabilities Act Coordinator
Department of Agriculture
State Fairgrounds, P.O. Box 19281
Springfield, Illinois 62794-9281
(Telephone: 217/782-2172)
"Director" means the Director of the Illinois Department of
				Agriculture 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" (Section 12101 of the ADA (42 U.S.C.
				(1991)).
"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
				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 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 Department" (Section
				12131 of the ADA (42 U.S.C. (1991)).
"Working days" means Monday through Friday, excluding State
				holidays.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.20 - Purposes

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
			 U.S.C. 12131 -
			 12134(1991)
			 ), 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 Department, when viewed in its
			 entirety, be readily accessible to and usable by qualified individuals with
			 disabilities.
c) It is the intent
			 of the Department to foster open communication with all individuals requesting
			 ready access to 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 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.30 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grievances shall
			 be submitted in accordance with the procedures established in Sections
			 550.40 and
			 550.50
			 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 means that the complainant
			 has withdrawn the grievance or has accepted the last response given in the
			 grievance procedure as the Department's final response.
c) The Department 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 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.40 - 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 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 shall 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 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.50 - 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
			 Department for final review. The complainant shall submit these documents to
			 the Director together with a short written statement explaining the reason(s)
			 for dissatisfaction with the Designated Coordinator's written response, within
			 15 working days after receipt by the complainant of the Designated
			 Coordinator's response.
b) The
			 complainant shall be afforded an opportunity to appear before the Director. The
			 complainant shall have a right to appoint a representative to appear on his or
			 her behalf. The Director shall review the Designated Coordinator's written
			 response and may conduct interviews and seek advice as the Director deems
			 appropriate.
c) The Director shall
			 approve, disapprove or modify the recommendation of the Designated Coordinator,
			 shall render a decision thereon in writing within 30 working days, shall state
			 the basis therefor, 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 Designated Coordinator's recommendations, the Director shall
			 include written reasons for such disapproval or modification.
d) The grievance form, the Designated
			 Coordinator's response, the statement of reasons for dissatisfaction, and the
			 decision of the Director shall be maintained in accordance with the State
			 Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.4 et seq.) or as otherwise
			 required by law.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 550 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 550.70 - 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 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 reply.
Illinois Administrative Code › Title 4 - DISCRIMINATION PROCEDURES › Part 575 - AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE › Section 575.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Title II, Subtitle A of the Americans With
				Disabilities Act of 1990 (ADA) (
				42
				U.S.C. 12131 -
				12134 ) and Section
				35.107 of the Equal Employment Opportunity Commission's rules entitled
				"Nondiscrimination on the Basis of Disability in State and Local Government
				Services" (
				28
				CFR 35.107 ), this Part establishes a
				grievance procedure for the prompt and equitable resolution of complaints
				regarding discrimination on the basis of a disability against the Department of
				Commerce and Community Affairs (Department) and/or entities which administer
				programs, services or activities on behalf of the Department under a contract,
				a grant or any other legally binding agreement. However, Title II and this Part
				do not apply to private entities unless they are legally obligated to
				administer a program, service or activity on the Department's
				behalf.