Section 2520.560  Dismissal

a)         The Department shall serve upon the parties a written notice of dismissal of all or part of a charge.  For charges filed before January 1, 1996, or on or after January 1, 2008, the notice will state the grounds for dismissal and that the complainant may obtain review by the Commission by filing a request for review within 30 days after receipt of the notice.  For charges filed on or after January 1, 1996 and before January 1, 2008, Subpart F of this Part shall apply and the notice shall state the grounds for the dismissal and that the complainant may obtain review by the Chief Legal Counsel by filing a request for review within 30 days after receipt of the notice.

b)         The dismissal may be based upon:

1)         lack of substantial evidence of discrimination or lack of jurisdiction. An investigation report discussing the reasons for the dismissal shall accompany the notice of dismissal;

2)         complainant's failure to proceed, as provided in Section 2520.430(c) of this Part.  The notice of dismissal in such cases shall specify the manner in which the complainant has failed to proceed and shall be addressed to the complainant at the last known address; or

3)         complainant's failure to accept a settlement offer, pursuant to Section 7A-103(D) of the Act [775 ILCS 5/7A-103(D)].  The notice in such cases shall specify the reasons for the Department's dismissal.

(Source:  Amended at 32 Ill. Reg. 13482, effective August 1, 2008)