Section 950.10  Purposes

 

a)         This Grievance Procedure (Procedure) is 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 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 Illinois Development Finance Authority, when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intention of the Illinois Development Finance Authority to foster open communication with all individuals requesting readily accessible programs, services and activities.  The Illinois Development Finance Authority encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 950.20  Definitions

 

            "Complainant" is an individual with a disability who files a Grievance Form provided by the Illinois Development Finance Authority under this procedure.

 

            "Designated Coordinator" is the person(s) appointed by the Illinois Development Finance Authority who is/are responsible for the coordination of efforts of the Illinois Development Finance Authority 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 2 N. LaSalle, Suite 980, Chicago IL 60602.  See 28 CFR 35.107.

 

            "Director" means the Executive Director of the Illinois Development Finance Authority.

 

            "Disabilities" shall have the same meaning as set forth in the Americans With Disabilities Act, 42 U.S.C. Section 12101.

 

            "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 Illinois Development Finance Authority, and believes he or she has been excluded from participation in, or denied the benefits of, any program, service or activity of the Illinois Development Finance Authority or has been subject to discrimination by the Illinois Development Finance Authority.

 

            "Grievance Form" is prescribed for the purpose of filing a grievance under this Section 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.

 

Section 950.30  Procedure

 

a)         Grievances must be submitted in accordance with procedures established in 950.40 and 950.50 of this Part 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/or the 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 from the Illinois Development Finance Authority given in the grievance procedure.

 

c)         The Illinois Development Finance Authority 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.

 

Section 950.40  Designated Coordinator Level

 

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 Illinois Development Finance Authority.

 

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 fifteen (15) business days after receipt of the Grievance Form.

 

Section 950.50  Final Level

 

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 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 fifteen (15) business days after receipt by the complainant of the Designated Coordinator's response.

 

b)         Within fifteen (15) business days, the Director shall appoint a three-member panel to review the grievance at the Final Level.  One member so appointed shall be designated chairman.  The panel shall schedule a review of the grievance which shall commence no later than fifteen (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/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 (2) of the panel members, but not later than fifteen (15) business days after the review in subsection (b) above, 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 such recommendation.

 

e)         Within fifteen (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 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'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 (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.), or as otherwise required by law.

 

Section 950.60  Accessibility

 

The Illinois Development Finance Authority shall ensure that all stages of the Procedure are readily accessible to and usable by individuals with disabilities.

 

Section 950.70  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 Illinois Development Finance Authority.  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.