Ill. Admin. Code tit. 4, § 1725.60 – Final Level Review | Midpage
§ 1725.60
Ill. Admin. Code tit. 4, § 1725.60
Final Level Review
AUTHORITY: Implementing the Americans With Disabilities Act of 1990 (42 USC 12101 et seq., and section 35.107 of the Title II regulations (28 CFR 35.107)) and the Rehabilitation Act of 1973, as amended (Pub. L. 93-112); and authorized by Section 4.01(11) of the Illinois Act on the Aging [20 ILCS 105/4.01(11)], the Age Discrimination Act of 1975 (Pub. L. 94-135), the Age Discrimination in Employment Act of 1967 (Pub. L. 101-433), Titles VI and VII of the Civil Rights Act of 1964 (Pub. L. 88-352), the Civil Rights Act of 1991 (Pub. L. 102-166), the Conspiracy to Obstruct Justice Act (42 USC 1985), Employee Polygraph Protection (29 USC Chapter 22), the Equal Employment Opportunity Act of 1972 (Pub. L. 92-261), the Equal Pay Act of 1963 (Pub. L. 88-38), the Family and Medical Leave Act of 1993 (Pub. L. 103-3), the Immigration Reform and Control Act of 1986 (Pub. L. 99-603), the Older Workers Benefit Protection Act (Pub. L. 101-433), the Pregnancy Discrimination Act (42 USC 2000e(k)), Vocational Rehabilitation and Other Rehabilitation Services (29 USC Chapter 16), the Illinois Civil Rights Act of 2003 [740 ILCS 23/5], the Whistleblower Reward and Protection Act [740 ILCS 175/4], the Illinois Human Rights Act [775 ILCS 5/1-102, 5-102, 6-101], the Victims' Economic Security and Safety Act [820 ILCS 180/15, 20, 30], the Equal Pay Act of 2003 [820 ILCS 112/10], and the Family Medical Leave Act [820 ILCS 151/25].DEPARTMENT ON AGING
a) If a grievance has not been resolved by the ADA/Civil Rights Program Coordinator to the satisfaction of the complainant, the complainant may appeal to the Director for final review. Within 15 business days after service of the notice of dismissal or the Coordinator's recommendations, the complainant must submit a copy of the formal grievance intake form, any responses from the Coordinator, together with a short written statement explaining the reasons for dissatisfaction with the possible recommendations to resolve the pending dispute, and any other supporting documentation. The date of service of the written response shall be deemed to be the date of its mailing. The Director will extend the period for submitting the appeal and supporting documentation for up to five additional calendar days, upon complainant's request.
b) The Director may request that the complainant either appear in person, or by an advocate, or respond to pertinent questions in writing. The Director is authorized to conduct interviews and seek relevant advice and additional evidentiary information with respect to the grievance as he or she deems appropriate.
c) The Director will approve, disapprove, or modify the Coordinator's dismissal or recommendations and issue a written decision stating the reasons for the official position of the Department. A copy of the decision will be sent by certified mail to the complainant and other concerned parties within 45 business days after receipt of the appeal. The Director's decision shall be the final decision of the Department.
d) The record of a formal grievance, including the formal grievance intake form, the Coordinator's responses, the complainant's statement of reasons for dissatisfaction, and the decision of the Director, shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.