TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.10 PURPOSE
Section 650.10 Purpose
a) This Americans With Disabilities Act (ADA) Grievance Procedure
(Procedure) is established pursuant to the Americans With Disabilities Act of
1990 (42 USC 12101 et seq.) 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,
they should contact the Designated Coordinator for the Department of Financial
Institutions (Department).
b) In general, the ADA requires that each program, service, and
activity offered by the Department, when viewed in its entirety, be readily
accessible to and usable by qualified individuals with disabilities.
c) It is the intention of the Department to foster open
communication with all individuals requesting readily accessible programs,
services and activities. The Department encourages supervisors of programs,
services and activities to respond to requests for modifications before they
become grievances.
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CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.20 DEFINITIONS
Section 650.20 Definitions
"Complainant" is an individual with a disability
who files a grievance with the Department under this procedure.
"Designated Coordinator" is the person(s) appointed
by the Department Director who is responsible for the coordination of efforts
of the Department to comply with and carry out its responsibilities under Title
II of the ADA, including investigation of grievances filed by complainants.
The Designated Coordinator for the Department is the Personnel Officer. The
Department's Personnel Officer can be contacted at 500 Iles Park Place, Suite
510, Springfield, Illinois 62718, (217)782-2831.
"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 Department, and believes he or she has been excluded
from participation in, or denied the benefits of, any program, service or
activity of the Department or has been subject to discrimination by the
Department.
"Grievance Form" is a Department created form
which, when completed by a complainant, includes, but is not limited to, the
name, address and telephone number of the complainant; date of incidence; a
short factual statement of the grievance; and the relief requested, if
applicable.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.30 PROCEDURE
Section 650.30 Procedure
a) Grievances must be submitted in accordance with and follow the
procedures set forth in Section 650.40 and Section 650.50 of this Part. 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 grievance procedure as the Department's last response.
c) The Department 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 provide a Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.40 DESIGNATED COORDINATOR LEVEL
Section 650.40 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 Department
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
Director within ten (10) business days after receipt of the Grievance Form.
| TITLE 4: DISCRIMINATION PROCEDURES
CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.50 FINAL LEVEL
Section 650.50 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 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 five (5) business days after receipt by the complainant
of the Designated Coordinator's response.
b) The Director 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 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 also sign such recommendation.
e) Upon receipt of recommendations from a panel, the Director
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 Director's decision
shall be final. If the Director disapproves or modifies the panel recommendations,
the Director 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 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.
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CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.60 ACCESSIBILITY
Section 650.60 Accessibility
The Department shall ensure that
all stages of the procedure are readily accessible to and usable by individuals
with disabilities.
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CHAPTER XXIII: DEPARTMENT OF FINANCIAL INSTITUTIONS
PART 650
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 650.70 CASE-BY-CASE RESOLUTION
Section 650.70 Case-by-Case
Resolution
Each grievance involves a unique
set of factors which 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 or not an accommodation would
constitute a fundamental alteration to the program, service or activity or
undue hardship on the Department. 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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