Section 175.10  Purpose

 

a)         This Part establishes an Americans With Disabilities Act (ADA) Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.), and specifically section 35.107 of the Title II regulations (28 CFR 35.107) requiring that a grievance procedure be established to resolve grievances asserted by qualified individuals with disabilities.  Any individual desiring to review the ADA or its regulations to understand the rights, privileges and remedies afforded by it, may do so by contacting the Designated Coordinator.  This Part shall govern the Illinois Emergency Management Agency (Agency) proceedings of any such grievance under the ADA.

 

b)         In general, the ADA requires that each program, service and activity offered by the Agency, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intent of the Agency to foster open communication with all individuals requesting ready access to programs, services and activities.  The Agency encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.20  Definitions

 

            "Complainant" is an individual with a disability who files a grievance form provided by the Agency in accordance with this Part.

 

            "Designated Coordinator" is the person appointed by the Agency Director to coordinate the Agency's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  You may contact the Designated Coordinator by calling (217)785-9900.

 

            "Director" means the Director of the Illinois Emergency Management Agency.

 

            "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

 

            "Grievance" is any complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in, or receipt of the benefits of, a program, activity or service offered by the Agency, and who believes he or she has been excluded from participation in or denied the benefits of any program, service or activity of the Agency, or has been subject to discrimination by the Agency in violation of the ADA.

 

            "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 Agency.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.30  Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Sections 175.40 and 175.50 of this Part, in the form and manner described, and within the specified time limits.  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 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.

 

c)         The Agency 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.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.40  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 exclusion, denial or discrimination, submit the grievance to the Designated Coordinator in writing on the grievance form prescribed by the Agency for that purpose.

 

b)         Upon request by the complainant, the Agency shall provide assistance to the complainant in completing the grievance form.

 

c)         The Designated Coordinator, or his/her representative, shall investigate the grievance and shall make reasonable efforts to resolve the grievance. Within 10 business days after receipt of the grievance form, the Designated Coordinator shall provide a written response to the complainant and a copy to the Director.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.50  Final Level

 

a)         If the grievance has not been resolved at the Designated Coordinator Level to the satisfaction of the complainant, the complainant may, within 5 days after receipt by the complainant of the Designated Coordinator's response, submit a copy of the grievance form and Designated Coordinator's written response to the Director of the Agency 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.

 

b)         The complainant shall be afforded an opportunity to appear before the Director or the Director's designee.  The complainant shall have a right to appoint a representative to appear on behalf of the complainant.  The Director or designee shall review the Designated Coordinator's written response and may conduct interviews and seek advice as the Director or designee deems appropriate.

 

c)         If the Director appoints a designee for the procedure under subsection (b) of this Section, the designee shall present both his/her findings and the written response of the Designated Coordinator to the Director.

 

d)         The Director shall approve, disapprove or modify the recommendations of the Designated Coordinator.  Within 30 days after receiving the statement of dissatisfaction under subsection (a) of this Section, the Director shall render a decision thereon in writing, stating the basis for the decision and shall cause a copy of the decision to be served on the complainant and Designated Coordinator.  If the Director disapproves or modifies the recommendations contained in the written response of the Designated Coordinator, the Director shall include in the written decision reasons for such disapproval or modification.  The Director's decision shall be final.

 

e)         The Agency shall maintain the grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, the findings of the Director's designee, if any, and the Director's written decision in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.60  Accessibility

 

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

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)

 

Section 175.70  Case-by-Case Resolution

 

a)         Each grievance involves a unique set of factors that includes, but is not limited to:

 

1)         the specific nature of the disability;

 

2)         the essential eligibility requirements, the benefits to be derived, and the nature of the service, program or activity at issue;

 

3)         the health and safety of others; and

 

4)         whether or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Agency.

 

b)         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.

 

(Source:  Amended at 33 Ill. Reg. 4291, effective March 9, 2009)