Section 500.170  State Complaint Procedure

a)         Individuals or organizations may file written, signed complaints with the Department of Human Services stating that a State agency, regional intake entity or provider is violating a law or rule regarding the Part C early intervention program.  The statement must contain the facts that support the complaint.  The alleged violation must have occurred not more than one year before the date the complaint is received by the Department, unless a longer period is reasonable because:

1)         The alleged violation continues for that child or other children; or

2)         The complainant is requesting reimbursement or corrective action for a violation that occurred not more than three years before the complaint is received.

b)         The Department shall have 60 calendar days from receipt of the complaint to investigate and issue a written decision to the complainant and interested parties, addressing each allegation in the complaint.  During this time, the Department may carry out an independent on-site investigation if deemed necessary and must give the complainant an opportunity to submit additional information, either orally or in writing, about the allegations made in the complaint.  Complaints must be submitted in writing to:

Chief

Bureau of Early Intervention

Department of Human Services

222 South College, 2^nd Floor

Springfield, Illinois 62704-1958

c)         After reviewing all relevant information, the Department must issue a written decision to the complainant and the subject of the complaint as to whether the public agency is violating a requirement of Part C, addressing each allegation in the complaint and containing findings of fact as well as conclusions, the reasons for the final decision, and, if the complaint was found to be valid, corrective actions required to correct the causes of the complaint.

d)         Final decisions are enforceable and binding.  They may be amended only upon agreement in writing between the Department and the organization or individual upon whom corrective actions are imposed.

e)         Organizations or individuals upon whom corrective actions are imposed may request reasonable technical assistance or alternative corrective actions. However, these requests do not change the final decision unless it is amended in writing between the Department and the party.

f)         The 60 day time period in subsection (b) may be extended if exceptional circumstances exist with respect to a particular complaint.

g)         The lead agency shall monitor implementation of the final decision to determine that corrective actions and timelines have been met.

h)         Organizations or individuals upon whom corrective actions are imposed may be terminated from participation in Part C programs if corrective actions are not met.

i)          If an issue raised in a written complaint (or any part of a complaint) is also the subject of an administrative resolution under Section 500.140, the Department must set aside any part that is being addressed under the procedure in Section 500.140 but resolve any other issues within the 60 day timeline.

j)          If an issue is raised in a written complaint that has already been decided in a proceeding under Section 500.140, the previous decision is binding and the complainant must be so informed.

k)         A complaint alleging failure of a public agency or private service provider to implement a decision under Section 500.140 must be resolved by the Department.

(Source:  Amended at 29 Ill. Reg. 2254, effective January 31, 2005)