Section 568.160  Filing of Complaint/Determination of Sufficiency and Probable Cause

Upon receipt of a complaint by the Commission, the procedures set forth in Section 60(a) through (g) of the Act and in this Part, as applicable, shall apply.  All hearings, whether closed or open, shall be recorded either through an electronic device or by court reporter.  After receipt of a verified written complaint, the Commission shall:

a)         Within three business days send by certified mail, return receipt requested, a notice to the Respondent that a complaint has been filed against him or her, along with a copy of the complaint.  The notice shall also state the date, time and place of the meeting at which the Commission will determine the sufficiency of the complaint and whether probable cause exists to proceed with the complaint.

b)         Send by certified mail, return receipt requested, at the same time notification is sent to the Respondent, but no later than three business days after the submission of the complaint, a confirmation to the Complainant of receipt of the complaint.  A notice shall also be included that advises the Complainant of the date, time and place of the Commission meeting at which the Commission will determine the sufficiency of the complaint and whether probable cause exists to proceed with the complaint.  All notices sent prior to a determination of the existence of sufficiency and probable cause shall not identify the Complainant or Respondent by name, but shall designate the case by file number.

c)         Post all public notices in the Howlett Building, Springfield, Illinois and at 17 North State, Chicago, Illinois.

d)         Upon at least 24 hours public notice, meet in closed session to review the filed complaint.  At least four members of the Commission must be present for a quorum to exist to proceed with the hearing on the complaint.  If a quorum is not present, the Commission may adjourn to a date and time when a quorum may be present.

e)         Review the complaint and determine whether the complaint sufficiently alleges a violation of the Act.  If the Commission determines that the complaint is sufficient, the Commission will determine whether, solely based on the evidence identified in and attached to the complaint, probable cause exists to proceed with further hearing on the complaint.

f)          Within seven business days after the complaint is filed, issue notice to the Complainant and the Respondent as to the determination of the Commission on the sufficiency of the complaint and whether probable cause exists to proceed further. Notice shall be sent by certified mail, return receipt requested.

g)         If the complaint is not deemed to be sufficient or probable cause does not exist, the notice shall include a notice to the Complainant and the Respondent that the complaint is being dismissed.  Notice of dismissal of the complaint will be made available for public inspection.