Section 1000.50  Final Level

a)         If the grievance has not been resolved to the satisfaction of the Complainant at the ADA Coordinator level, the Complainant may appeal the matter to the Director of the Agency for final review.  The Complainant shall have ten business days from receipt of the ADA Coordinator's response to file an appeal.  The date of service of the ADA Coordinator's written response shall be considered the date of its mailing.

b)         The Complainant shall submit a copy of the grievance and the ADA Coordinator's response, along with a short written explanation of the reasons for dissatisfaction with the response, to constitute an appeal.

c)         The Director shall appoint a 3-member panel to review the grievance at the final level.  One member so appointed shall be designated chairman.

d)         The Complainant shall be afforded an opportunity, within 30 days after the Director's receipt of the appeal, to appear before the panel and present testimony, written argument or other evidence, and shall have the right to designate a representative to appear on his or her behalf. The Panel shall review the grievance and the evidence presented, and may conduct interviews and seek additional information, evidence and/or advice as it deems appropriate.

e)         The panel shall make written recommendations as to approval, disapproval or modification of the ADA Coordinator's decision, and transmit the recommendations to the Director for final decision.

f)         The Director shall render a written decision to the Complainant, with a copy to the ADA Coordinator and each panel member, within 45 days after receipt of Complainant's appeal.

g)         The grievance, the ADA Coordinator's response and the final decision of the Director shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.

(Source:  Amended at 21 Ill. Reg. 8882, effective June 26, 1997)