TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.1 PURPOSES
Section 200.1 Purposes
a) This Americans with Disabilities Act (ADA) Grievance Procedure
("Procedure") is established.
b) In general, the ADA requires that each program, service and
activity offered by the Office of the State Fire Marshal (Office), when viewed
in its entirety, be readily accessible to and usable by qualified individuals
with disabilities.
c) It is the intention of the Office to foster open communication
with all individuals requesting readily accessible programs, services and
activities. The Office encourages supervisors of programs, services and
activities to respond to requests for modifications before they become
grievances.
 | TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.2 DEFINITIONS
Section 200.2 Definitions
"Complainant" is an individual with a disability
who files a Grievance Form provided by the Office under this procedure.
"Designated Coordinator" is the person(s) appointed
by the State Fire Marshal who is/are responsible for the coordination of
efforts of the Office 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 the Office of the
State Fire Marshal, 1035 Stevenson Drive, Springfield, Illinois 62703
(217)785-0969. See 28 CFR 25.107.
"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 Office, and believes he or she 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.
"Office" means Office of the State Fire Marshal.
"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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.20 PROCEDURE
Section 200.20 Procedure
a) Grievances must be submitted through the channels 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
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 as the Office's last response.
c) The Office shall, upon being informed of that individual's
desire to file a formal grievance, instruct the individual how to receive a
copy of this Procedure and the Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.30 DESIGNATED COORDINATOR LEVEL
Section 200.30 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 must be
completed in full in order to receive proper consideration by the Designated
Coordinator.
b) Upon request, assistance shall be provided by the Office to
complete the Grievance Form.
c) The Designated Coordinator, and his/her representative, shall
investigate the grievance and shall make reasonable efforts to resolve it. The
Designated Coordiantor shall provide a written response to the complainant and
State Fire Marshal within ten (10) business days after receipt of the Grievance
Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.50 FINAL LEVEL
Section 200.50 Final Level
a) If the grievance has not been resolved at the Designated
Coordinator Level to the satisfaction of the complainant, the complainant may
submit a copy of the Grievance Form and Designated Coordinator's response to
the State Fire Marshal for final review. The complainant shall submit these
documents to the State Fire Marshal, together with a short written statement
explaining the reason(s) for dissatisfaction with the Designated Coordinator's
written response, within five (5) business days after receipt by the
complainant of the Designated Coordinator's response.
b) The State Fire Marshal shall appoint a 3-member panel to
review the grievance at the Final Level. One member so appointed shall be
designated chairman by the State Fire Marshal.
c) The complainant shall be afforded an opportunity to appear
before the panel. Complainant shall have a right to appoint a representation
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 reaching a concurrence, the panel shall make
recommendations in writing to the State Fire Marshal 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 State Fire
Marshal in writing and shall also sign such recommendation.
e) Upon receipt of recommendations from a panal, the State Fire
Marshal 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 State Fire
Marshal's decision shall be final. If the State Fire Marshal disapproves or
modifies the Panel recommendations, the State Fire Marshal shall include
written reasons for such disapproval or modification.
f) The Grievance Form, the Designated Coordinator's response, the
statement of reasons for dissatisfaction, the recommendations of the panel and
the decision of the State Fire Marshal 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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.60 ACCESSIBILITY
Section 200.60 Accessibility
The Office shall ensure that all
stages of the Procedure are readily accessible to and usable by individuals
with disabilities.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER V: OFFICE OF THE STATE FIRE MARSHAL
PART 200
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 200.70 CASE-BY-CASE RESOLUTION
Section 200.70 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
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.
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