TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.10 PURPOSES
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.
 | TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.20 DEFINITIONS
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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.30 PROCEDURE
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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.40 DESIGNATED COORDINATOR LEVEL
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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.50 FINAL LEVEL
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.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.60 ACCESSIBILITY
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.
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CHAPTER XXXV: ILLINOIS DEVELOPMENT FINANCE AUTHORITY
PART 950
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 950.70 CASE-BY-CASE RESOLUTION
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.
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