Section 675.10  Purposes

 

a)         This Part establishes an Americans With Disabilities Act Grievance Procedure (Procedure) pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (ADA), and specifically Section 35.107 of the Title II regulations (28 CRF 35.107) 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 Department of the Lottery (Department), when viewed in its entirety, be readily accessible to and usable by qualified individuals with disabilities.

 

c)         It is the intent of the Department to foster open communication with all individuals requesting ready access to programs, services and activities.  The Department encourages supervisors of programs, services and activities to respond to requests for modifications before they become grievances.

 

Section 675.20  Definitions

 

            "Complainant" is an individual with a disability who files a grievance form provided by the Department in accordance with this Part.

 

            "Designated Coordinator" is the person appointed by the Department Director to coordinate the Department's efforts 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 Mr. Greg Poepl.   Mr.Poepl can be contacted at 201 East Madison Street, Springfield IL 62702 or by telephone at 217/524-5246.

 

            "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

 

            "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 who 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, on the basis of his or her disability.

 

            "Qualified individual with a disability" means an individual with a disability who, with or without reasonable  modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the Department.

 

Section 675.30  Procedure

 

a)         Grievances shall be submitted in accordance with the procedures established in Sections 675.40 and 675.50 of this Part, in the form and manner described, and within specified time limits.  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 final response.

 

c)         The Department shall, upon being informed of an individual's desire to file a formal grievance, instruct the individual how to receive a copy of this procedure and the grievance form.

 

Section 675.40  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 shall be completed in full in order to receive proper consideration by the Designated Coordinator, and shall include:

 

1)         the complainant's name and, if applicable, address and telephone number;

 

2)         the best means and time for contacting the complainant;

 

3)         the program, activity or service which was denied complainant or in which alleged discrimination occurred;

 

4)         the date and nature of the alleged denial or discrimination;

 

5)         the signature of the complainant.

 

b)         Upon request, assistance shall be provided by the Department to complete the grievance form.

 

c)         The Designated Coordinator or his 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 to the Director of the Department within ten (10) business days after receipt of the grievance form.

 

Section 675.50  Final Level

 

a)         If the grievance is not resolved to the satisfaction of the complainant at the Designated Coordinator Level, 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, or his or her designee, 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 complainant shall be afforded an opportunity to appear before the Director.  The complainant shall have a right to appoint a representative to appear on his or her behalf.  The Director shall review the Designated Coordinator's written response and may conduct interviews and seek advice as the Director deems appropriate.

 

c)         The Director shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, 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 Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

 

d)         The grievance form, the Designated Coordinator's response, the statement of reasons for dissatisfaction, 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.

 

Section 675.60  Accessibility

 

The Department shall ensure that all stages of the grievance procedures are readily accessible to and usable by individuals with disabilities.

 

Section 675.70  Case-by-Case Resolution

 

Each grievance involves a unique set of factors which include, but are 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.