Ill. Admin. Code tit. 89, § 510.100 - Informal Resolution Conference
a) Every proceeding pursuant to this Section
is to be confidential and not open to the general public unless the grievant so
requests.
b) The Informal
Resolution Conference is an informal review of the decision with the goal of
mutually resolving the issues being appealed. Procedures set forth in the Code
of Civil Procedures [735 ILCS 5 ] do not apply.
c) A grievant may request an Informal
Resolution Conference, in the period between the filing of the appeal and the
hearing decision, by contacting the office out of which the grievant receives
services.
d) The grievant may
choose to have a representative present at the conference.
e) If the grievance pertains to the
customer's VR program or HSP, the supervisor of the DHS-ORS employee whose
action is being grieved must schedule and chair the Informal Resolution
Conference at a time and date convenient to all parties. For grievances by a
blind vendor, the chair shall be the Administrator or that person's supervisor.
The grievant must be notified of the name, address and telephone number of the
DHS-ORS employee chairing the meeting. The informal resolution conference shall
be held in the local DHS-ORS facility unless, in the request, the grievant
indicates that due to the grievant's disability the grievant cannot attend at
the local DHS-ORS facility. In this case the conference shall be held in the
grievant's home.
f) During the
Informal Resolution Conference the chair should:
1) initiate the conference with an opening
statement explaining the purpose of the conference;
2) assist the parties in determining and
clarifying the issues;
3)
facilitate a fair and complete presentation and discussion of relevant
information, both oral and written;
4) as appropriate, summarize the positions of
the grievant and DHS-ORS;
5)
provide an opportunity to discuss settlement or agree on a course of action;
and
6) if no resolution is reached,
assure the grievant is made aware of the next step of the appeal
process.
g) The Informal
Resolution Conference is concluded either with a mutually agreed upon
resolution of the issue or some of the issues, or with the conclusion that the
issues cannot be resolved and the grievance should proceed to hearing. At the
conclusion of the informal resolution process, the DHS-ORS staff person
chairing the conference shall reduce any mutually agreed upon resolutions to
writing. The confirmation of the agreement must be signed by both the grievant
and the chair. The confirmation must also include the agreement of the customer
to withdraw the grievance on the agreed issues. The agreement should list all
agreed issues and all outstanding issues. Unless circumstances prohibit, the
agreement should be reduced to writing while all parties are still there. If
all disputed issues are resolved, the parties should inform the Hearings
Coordinator to withdraw the grievance.
h) Sessions held as a part of the informal
resolution conference shall be scheduled in a timely manner and shall not deny
or delay the grievant's right to pursue resolution of the dispute through an
impartial hearing held within the applicable time period set out in this Part
or any other right under this Part.
Notes
Amended at 27 Ill. Reg. 9576, effective June 13, 2003
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