TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.10 APPLICABILITY
Section 875.10 Applicability
This Part applies to all offices
of the Illinois Department of Revenue.
 | TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.20 PURPOSES
Section 875.20 Purposes
a) The Americans With Disabilities Act Grievance Procedure
(hereinafter referred to as "Procedure") is established pursuant to
the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq.
(hereinafter referred to as "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 Department of Revenue (hereinafter referred to as
"Department"), when viewed in its entirety, be readily accessible to
and usable by qualified individuals with disabilities.
c) It is the intention of the Department to foster open
communication with all individuals requesting readily accessible programs,
services and activities. The Department encourages supervisors of programs,
services and activities to respond to requests for modifications before they
become grievances.
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CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.30 DEFINITIONS
Section 875.30 Definitions
"Complainant" is an individual with a disability
who files a Grievance Form provided by the Department under this procedure.
"Department" means the Illinois Department of
Revenue.
"Designated Coordinator" is the person appointed by
the Department Director who is responsible for the coordination of efforts of
the Department 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 Illinois Department of Revenue,
Attn: Personnel Manager, 101 W. Jefferson Street, Springfield, IL 62794. See
28 CFR 35.107.
"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 Department, and believes he or she has been excluded
from participation in, or denied the benefits of any program, service or
activity of the Department or has been subject to discrimination by the
Department.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.40 PROCEDURE
Section 875.40 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 Designated Coordinator, at the Designated
Coordinator Level, or the Complainant and panel chairperson at the Final Level.
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 Department's last
response.
c) Upon being informed by an individual that the individual
desires to file a formal grievance, the Department shall provide the individual
with a copy of this procedure and the Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.50 DESIGNATED COORDINATOR LEVEL
Section 875.50 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. 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 Department
to complete the Grievance Form.
c) The Designated Coordinator, or his/her representative, shall
investigate the grievance and shall make reasonable efforts to resolve it. The
Designated Coordinator shall provide a written response to the Complainant and
Director within ten (10) business days after receipt of the Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.60 FINAL LEVEL
Section 875.60 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 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 five (5) business days after receipt by the Complainant
of the Designated Coordinator's response.
b) The Director shall appoint a 3-member panel to review the
grievance at the Final Level. One member so appointed shall be designated
chairperson of the panel. The Designated Coordinator, or any representative of
the Designated Coordinator, who conducted the investigation at the Designated
Coordinator Level, may not be a member of the panel.
c) The 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. Such appearance before the panel shall be an
informal meeting to discuss the matter at issue. 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 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) Upon receipt of recommendations from the panel, the Director
shall approve, disapprove or modify the panel's recommendations, rendering a
decision thereon in writing that states the basis for the decision, and cause a
copy of the decision to be served on the Complainant. If the Director
disapproves or modifies the panel's recommendations, the Director shall in the
written decision state the reasons for such disapproval or modification. The
Director's decision shall be the final decision of the Department on the
grievance.
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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.70 ACCESSIBILITY
Section 875.70 Accessibility
The Department shall ensure that
all stages of the Procedure are readily accessible to and usable by individuals
with disabilities. The Designated Coordinator shall keep on file a copy of the
ADA and its regulations for review at the Department's offices by any
individual who requests to review them. The Designated Coordinator or
representative shall be available on reasonable notice to answer questions with
respect to the rights, privileges and remedies afforded by the ADA and its
regulations.
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CHAPTER XXXII: DEPARTMENT OF REVENUE
PART 875
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 875.80 CASE-BY-CASE RESOLUTION
Section 875.80 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
Department. 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 complainant should rely.
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