Section 550.10  Definitions

 

"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.

 

Section 550.20  Purposes

 

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.

 

Section 550.30  Procedure

 

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.

 

Section 550.40  Designated Coordinator Level

 

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.

 

b)         Upon request, assistance shall be provided by the Department to complete the grievance form.

 

c)         The Designated Coordinator shall investigate the grievance and shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the complainant and to the Director within 15 working days after receipt of the grievance form.

 

Section 550.50  Final Level

 

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.

 

Section 550.60  Accessibility

 

The Department shall ensure that all stages of the grievance procedure are readily accessible to and usable by individuals with disabilities.

 

Section 550.70  Case-by-Case Resolution

 

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.