TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.10 PURPOSES
Section 375.10 Purposes
a) This Americans With Disabilities Act Grievance Procedure
("Procedure") is established pursuant to the Americans With
Disabilities Act of 1990, 42 USC 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 Office of Banks and Real Estate ("Agency"),
when viewed in its entirety, be readily accessible to and usable by qualified
individuals with disabilities.
c) It is the intention of the Agency to foster open communication
with all individuals requesting readily accessible programs, services and
activities. The Agency encourages supervisors of programs, services and activities
to respond to requests for modifications before they become grievances.
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CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.20 DEFINITIONS
Section 375.20 Definitions
"Commissioner" is the Commissioner of Banks and
Real Estate.
"Complainant" is an individual with a disability
who files a Grievance Form provided by the Agency under this Procedure.
"Designated Coordinator" is the person appointed by
the Commissioner who is responsible for the coordination of efforts of the
Agency 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 Room 100, 117 S. Fifth, Reisch
Building, Springfield, Illinois, 62701. 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 Agency, and who believes he or she has been excluded
from participation in or denied the benefits of any program, service or
activity of the Agency, or has been subject to discrimination by the Agency.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.30 PROCEDURE
Section 375.30 Procedure
a) Grievances must be submitted in accordance with the steps and
time limits set forth in Sections 375.40 and 375.50. 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 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 given in the Procedure as the Agency's last response.
c) The Agency shall, upon being informed of that individual's
desire to file a formal grievance, instruct the individual how to receive a
copy of this Procedure and the Grievance Form.
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CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.40 DESIGNATED COORDINATOR LEVEL
Section 375.40 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 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 shall be provided by the Agency 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
Commissioner within ten (10) business days after receipt of the Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.50 FINAL LEVEL
Section 375.50 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 Commissioner for final review. The complainant shall submit these
documents to the Commissioner, 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 Commissioner shall appoint a 3-member panel to review the
grievance at the Final Level. One member so appointed shall be designated
chairman.
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. 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 Commissioner as to the proper resolution of
the grievance. All recommendations shall include reasons for such
recommendations and shall bear the signature of the concurring panel members.
A dissenting member of the panel may make a recommendation to the Commissioner
in writing and shall also sign such recommendation.
e) Upon receipt of recommendations from the panel, the
Commissioner shall approve, disapprove or modify the panel recommendations,
shall render a decision thereon in writing, shall state the basis therefore,
and shall cause a copy of the decision to be served on the parties. The
Commissioner's decision shall be final. If the Commissioner disapproves or
modifies the panel recommendations, the Commissioner shall include written
reasons for such disapproval or modification.
f) The Grievance Form, the Designated Coordinator's response, the
statement of reasons for dissatisfaction, the recommendations of the panel and
the decision of the Commissioner shall be maintained in accordance with the
State Records Act [5 ILCS 160], or as otherwise required by law.
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CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.60 ACCESSIBILITY
Section 375.60 Accessibility
The Agency shall ensure that all
stages of the Procedure are readily accessible to and usable by individuals
with disabilities.
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CHAPTER XII: OFFICE OF BANKS AND REAL ESTATE
PART 375
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 375.70 CASE-BY-CASE RESOLUTION
Section 375.70 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
Agency. Accordingly, termination of a grievance at any Level, whether through
the granting of relief or otherwise, shall not constitute a precendent on which
any other complainants should rely.
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