Section 2100.50  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 State Appellate Defender for final review.  The complainant shall submit these documents to the State Appellate Defender, together with a short written statement explaining the reasons for dissatisfaction with the Designated Coordinator's written response, within 15 business days after receipt by the complainant of the Designated Coordinator's response.

b)         Within 15 business days, the State Appellate Defender shall appoint a three-member panel to review the grievance at the Final Level. One member shall be designated chairman. The panel shall schedule a review of the grievance, which shall commence no later than 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 or 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 of the panel members, but not later than 15 business days after the review described in subsection (b), the panel shall make recommendations in writing to the State Appellate Defender 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 Appellate Defender in writing and shall sign the recommendation.

e)         Within 15 business days after receipt of recommendations from a panel, the State Appellate Defender or designee 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 State Appellate Defender's decision shall be final. If the State Appellate Defender disapproves or modifies the panel's recommendations, the State Appellate Defender may include written reasons for that 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 State Appellate Defender shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.