Section 825.60  Final Review

a)                  If the grievance is not resolved pursuant to Section 825.50 of this Part to the satisfaction of the complainant, the complainant may submit a copy of the Grievance Form and ADA Coordinator's response to the Director for Final Review.  The complainant shall submit these documents to the Director, together with a short written statement explaining the reasons for dissatisfaction with the ADA Coordinator's written response, within 15 business days after service of the ADA Coordinator's response.  Service is deemed complete five business days after mailing.

b)                  The Director will extend the period for submitting the review request and supporting documents for up to five additional days upon complainant's request.

c)                  Within 15 business days after receipt of the complainant's request to the Director for Final Review, the Director shall appoint a three-member panel to evaluate the grievance.  The Director shall designate one panel member as chair.  The panel shall schedule a review of the grievance, which shall commence no later than 15 business days after the last panel member is appointed.

d)                  The complainant shall be afforded an opportunity to appear before the panel.  The complainant shall have the right to appoint a representative to appear on his or her behalf.  The panel shall review the complainant's Grievance Form and the ADA Coordinator's written response, and may conduct interviews and seek advice as it deems appropriate.

e)                  Upon agreement of at least two of the panel members, but not later than 15 business days after the review described in subsection (c), the panel shall make written recommendations to the Director regarding 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 his or her recommendation.

f)                   Within 15 business days after receipt of the panel's recommendations, the Director shall approve, disapprove, or modify the panel recommendations; shall render a decision on those recommendations in writing; shall state the basis for his or her decision; 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 shall include written reasons for such disapproval or modification.

g)                  The Grievance Form, the ADA Coordinator's response, the complainant's statement of the reasons for dissatisfaction, the panel's recommendations, and the Director's decision shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.