Section 400.10  Purposes

 

a)         These ADA grievance procedures are established pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. ("ADA"), and specifically Section 35.107 of the Title II regulations, 28 CFR Part 35, requiring the adoption of grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by 28 CFR Part 35.  These procedures are to be construed as neither expanding nor diminishing the rights, privileges and remedies otherwise afforded by applicable law.

 

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

 

c)         It is the intent of the Commission to foster open communication with all individuals seeking access to programs, services and activities.  The Commission encourages prompt responses to requests for modifications before they become grievances.

 

d)         Any individual who wishes to review the ADA and applicable regulations to understand the rights, privileges and remedies they afford may contact the Commission's designated coordinator.

 

e)         The grievance procedures set forth in this Part are informal and do not give rise to a "contested case" for purposes of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) or the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

Section 400.20  Definitions

 

            Complainant – An individual with a disability or representative of such an individual who files a grievance form provided by the Commission under this Part.  The address of the Commission is 527 Capitol Avenue, Springfield, Illinois 62706.

 

            Designated Coordinator – The person appointed by the Commission's Executive Director who is responsible for the coordination of the Commission's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants.

 

            Grievance – A complaint by or on behalf of an individual with a disability who believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Commission or has been subject to discrimination by the Commission in violation of the ADA.

 

Section 400.30  Procedure

 

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.

 

Section 400.40  Designated Coordinator Level

 

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.

 

Section 400.50  Final Level

 

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.).

 

Section 400.60  Accessibility

 

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

 

Section 400.70  Case-by-case Resolution

 

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.