Section 1125.10  Purpose

 

a)         The Americans With Disabilities Act Grievance Procedure (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 ADA Coordinator.

 

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

 

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

 

(Source:  Amended at 33 Ill. Reg. 5371, effective April 6, 2009)

 

Section 1125.20  Definitions

 

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

 

            "ADA Coordinator" is the person appointed by the Auditor General to coordinate the Office's efforts to comply with and carry out its responsibilities under Title II of the ADA, including the investigation of grievances filed by complainants.    The ADA Coordinator may be contacted at the Office of the Auditor General, 740 E. Ash Street, Springfield, Illinois 62703 or by telephone at 217/782-6046 (voice), 888/261-2887 (TTY).

 

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

 

            "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 Office, and who believes she or he has been excluded from participation in or denied the benefits of any program, service or activity of the Office or has been subject to discrimination by the Office on the basis of her or his disability.

 

            "Office" means the Office of the Auditor General.

 

            "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 Office.

 

(Source:  Amended at 33 Ill. Reg. 5371, effective April 6, 2009)

 

Section 1125.30  Procedure

 

a)         Grievances must be submitted through the channels defined below, in the form and manner described, and 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 ADA 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 by the Office.

 

c)         Upon being informed by an individual that the individual desires to file a formal grievance, the Office shall provide the individual with a copy of this procedure and the grievance form.

 

d)         A complainant may use the assistance of an advocate in any stage of the grievance procedure.

 

(Source:  Amended at 33 Ill. Reg. 5371, effective April 6, 2009)

 

Section 1125.40  Review at the ADA 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 ADA Coordinator in writing on the prescribed grievance form.  The grievance form must be completed in full in order to receive proper consideration by the ADA Coordinator.

 

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

 

c)         The ADA Coordinator, or her or his representative, shall investigate the grievance and shall make reasonable efforts to resolve it.  The ADA Coordinator shall provide a written response to the Complainant and the Auditor General within 10 business days after receipt of the grievance form.

 

(Source:  Amended at 33 Ill. Reg. 5371, effective April 6, 2009)

 

Section 1125.50  Review at the Final Level

 

a)         If the grievance has not been resolved at the ADA Coordinator Level to the satisfaction of the complainant, the complainant may submit a copy of the grievance form and the ADA Coordinator's response to the Auditor General for final review within 10 days after receipt of the ADA Coordinator's written response.  The ADA Coordinator's written response is deemed received by complainant 5 business days after mailing.  The complainant shall submit these documents to the Auditor General, together with a short written statement explaining the reasons for dissatisfaction with the ADA Coordinator's written response.  The Auditor General will extend the period for submitting the review request and supporting documents for up to 10 additional days upon complainant's request.

 

b)         The Auditor General shall appoint a 3 member panel to review the grievance at the Final Level (the Review Panel).  One member so appointed shall be designated chairperson.  The ADA Coordinator, or any representative of the ADA Coordinator, who conducted the investigation at the ADA Coordinator Level, may not be a member of the Review Panel.

 

c)         The complainant shall be afforded an opportunity to appear before the Review Panel.  The Review Panel shall review the ADA Coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

 

d)         The Review Panel shall approve, disapprove or modify the recommendation of the ADA Coordinator, shall render a decision on the recommendation in writing within 30 days, shall state the basis of the decision, and shall cause a copy of the  decision to be served on the parties.  The Review Panel's decision shall be final.  If the Review Panel disapproves or modifies the ADA Coordinator's recommendations, the Review Panel shall include written reasons for disapproval or modification.

 

e)         The grievance form, the ADA Coordinator's response, the statement of reasons for dissatisfaction, and the decision of the Review Panel shall be maintained in accordance with the State Records Act  [5 ILCS 160], or as otherwise required by law.

 

(Source:  Amended at 33 Ill. Reg. 5371, effective April 6, 2009)

 

Section 1125.60  Accessibility Policy

 

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

 

Section 1125.70  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 or not an accommodation would constitute a fundamental alteration to the program, service or activity or undue hardship on the Office.  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.