Illinois General Assembly - Full Text of SB0020
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Full Text of SB0020  100th General Assembly

SB0020enr 100TH GENERAL ASSEMBLY



 


 
SB0020 EnrolledLRB100 05173 KTG 15183 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7-109.1, 7A-102, 7B-102, 8-101, 8-102,
68-103, 8-110, 8A-103, and 8B-103 as follows:
 
7    (775 ILCS 5/7-109.1)  (from Ch. 68, par. 7-109.1)
8    Sec. 7-109.1. Administrative dismissal of charges Federal
9or State Court Proceedings. For charges filed under this Act,
10if the charging party has initiated litigation for the purpose
11of seeking final relief in a State or federal court or before
12an administrative law judge or hearing officer in an
13administrative proceeding before a local government
14administrative agency, and if a final decision on the merits in
15that litigation or administrative hearing would preclude the
16charging party from bringing another action based on the
17pending charge, the Department shall cease its investigation
18and dismiss the pending charge by order of the Director, who
19shall provide the charging party notice of his or her right to
20commence a civil action in the appropriate circuit court or
21other appropriate court of competent jurisdiction. The
22Director shall also provide the charging party notice of his or
23her right to seek review of the dismissal order before the

 

 

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1Commission. Any review by the Commission of the dismissal shall
2be limited to the question of whether the charge was properly
3dismissed pursuant to this Section. Nothing in this Section
4shall preclude the Department from continuing to investigate an
5allegation in a charge that is unique to this Act or otherwise
6could not have been included in the litigation or
7administrative proceeding. The Department may administratively
8close a charge pending before the Department if the issues
9which are the basis of the charge are being litigated in a
10State or federal court proceeding.
11(Source: P.A. 86-1343.)
 
12    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
13    Sec. 7A-102. Procedures.
14    (A) Charge.
15        (1) Within 300 calendar 180 days after the date that a
16    civil rights violation allegedly has been committed, a
17    charge in writing under oath or affirmation may be filed
18    with the Department by an aggrieved party or issued by the
19    Department itself under the signature of the Director.
20        (2) The charge shall be in such detail as to
21    substantially apprise any party properly concerned as to
22    the time, place, and facts surrounding the alleged civil
23    rights violation.
24        (3) Charges deemed filed with the Department pursuant
25    to subsection (A-1) of this Section shall be deemed to be

 

 

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1    in compliance with this subsection.
2    (A-1) Equal Employment Opportunity Commission Charges.
3        (1) If a charge is filed with the Equal Employment
4    Opportunity Commission (EEOC) within 300 calendar 180 days
5    after the date of the alleged civil rights violation, the
6    charge shall be deemed filed with the Department on the
7    date filed with the EEOC. If the EEOC is the governmental
8    agency designated to investigate the charge first, the
9    Department shall take no action until the EEOC makes a
10    determination on the charge and after the complainant
11    notifies the Department of the EEOC's determination. In
12    such cases, after receiving notice from the EEOC that a
13    charge was filed, the Department shall notify the parties
14    that (i) a charge has been received by the EEOC and has
15    been sent to the Department for dual filing purposes; (ii)
16    the EEOC is the governmental agency responsible for
17    investigating the charge and that the investigation shall
18    be conducted pursuant to the rules and procedures adopted
19    by the EEOC; (iii) it will take no action on the charge
20    until the EEOC issues its determination; (iv) the
21    complainant must submit a copy of the EEOC's determination
22    within 30 days after service of the determination by the
23    EEOC on complainant; and (v) that the time period to
24    investigate the charge contained in subsection (G) of this
25    Section is tolled from the date on which the charge is
26    filed with the EEOC until the EEOC issues its

 

 

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1    determination.
2        (2) If the EEOC finds reasonable cause to believe that
3    there has been a violation of federal law and if the
4    Department is timely notified of the EEOC's findings by
5    complainant, the Department shall notify complainant that
6    the Department has adopted the EEOC's determination of
7    reasonable cause and that complainant has the right, within
8    90 days after receipt of the Department's notice, to either
9    file his or her own complaint with the Illinois Human
10    Rights Commission or commence a civil action in the
11    appropriate circuit court or other appropriate court of
12    competent jurisdiction. This notice shall be provided to
13    the complainant within 10 business days after the
14    Department's receipt of the EEOC's determination. The
15    Department's notice to complainant that the Department has
16    adopted the EEOC's determination of reasonable cause shall
17    constitute the Department's Report for purposes of
18    subparagraph (D) of this Section.
19        (3) For those charges alleging violations within the
20    jurisdiction of both the EEOC and the Department and for
21    which the EEOC either (i) does not issue a determination,
22    but does issue the complainant a notice of a right to sue,
23    including when the right to sue is issued at the request of
24    the complainant, or (ii) determines that it is unable to
25    establish that illegal discrimination has occurred and
26    issues the complainant a right to sue notice, and if the

 

 

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1    Department is timely notified of the EEOC's determination
2    by complainant, the Department shall notify the parties,
3    within 10 business days after receipt of the EEOC's
4    determination, that the Department will adopt the EEOC's
5    determination as a dismissal for lack of substantial
6    evidence unless the complainant requests in writing within
7    35 days after receipt of the Department's notice that the
8    Department review the EEOC's determination.
9            (a) If the complainant does not file a written
10        request with the Department to review the EEOC's
11        determination within 35 days after receipt of the
12        Department's notice, the Department shall notify
13        complainant, within 10 business days after the
14        expiration of the 35-day period, that the decision of
15        the EEOC has been adopted by the Department as a
16        dismissal for lack of substantial evidence and that the
17        complainant has the right, within 90 days after receipt
18        of the Department's notice, to commence a civil action
19        in the appropriate circuit court or other appropriate
20        court of competent jurisdiction. The Department's
21        notice to complainant that the Department has adopted
22        the EEOC's determination shall constitute the
23        Department's report for purposes of subparagraph (D)
24        of this Section.
25            (b) If the complainant does file a written request
26        with the Department to review the EEOC's

 

 

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1        determination, the Department shall review the EEOC's
2        determination and any evidence obtained by the EEOC
3        during its investigation. If, after reviewing the
4        EEOC's determination and any evidence obtained by the
5        EEOC, the Department determines there is no need for
6        further investigation of the charge, the Department
7        shall issue a report and the Director shall determine
8        whether there is substantial evidence that the alleged
9        civil rights violation has been committed pursuant to
10        subsection (D) of Section 7A-102. If, after reviewing
11        the EEOC's determination and any evidence obtained by
12        the EEOC, the Department determines there is a need for
13        further investigation of the charge, the Department
14        may conduct any further investigation it deems
15        necessary. After reviewing the EEOC's determination,
16        the evidence obtained by the EEOC, and any additional
17        investigation conducted by the Department, the
18        Department shall issue a report and the Director shall
19        determine whether there is substantial evidence that
20        the alleged civil rights violation has been committed
21        pursuant to subsection (D) of Section 7A-102 of this
22        Act.
23        (4) Pursuant to this Section, if the EEOC dismisses the
24    charge or a portion of the charge of discrimination
25    because, under federal law, the EEOC lacks jurisdiction
26    over the charge, and if, under this Act, the Department has

 

 

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1    jurisdiction over the charge of discrimination, the
2    Department shall investigate the charge or portion of the
3    charge dismissed by the EEOC for lack of jurisdiction
4    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
5    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
6    this Act.
7        (5) The time limit set out in subsection (G) of this
8    Section is tolled from the date on which the charge is
9    filed with the EEOC to the date on which the EEOC issues
10    its determination.
11        (6) The failure of the Department to meet the
12    10-business-day notification deadlines set out in
13    paragraph (2) of this subsection shall not impair the
14    rights of any party.
15    (B) Notice and Response to Charge. The Department shall,
16within 10 days of the date on which the charge was filed, serve
17a copy of the charge on the respondent and provide all parties
18with a notice of the complainant's right to opt out of the
19investigation within 60 days as set forth in subsection (C-1).
20This period shall not be construed to be jurisdictional. The
21charging party and the respondent may each file a position
22statement and other materials with the Department regarding the
23charge of alleged discrimination within 60 days of receipt of
24the notice of the charge. The position statements and other
25materials filed shall remain confidential unless otherwise
26agreed to by the party providing the information and shall not

 

 

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1be served on or made available to the other party during
2pendency of a charge with the Department. The Department may
3require the respondent to file a response to the allegations
4contained in the charge. Upon the Department's request, the
5respondent shall file a response to the charge within 60 days
6and shall serve a copy of its response on the complainant or
7his or her representative. Notwithstanding any request from the
8Department, the respondent may elect to file a response to the
9charge within 60 days of receipt of notice of the charge,
10provided the respondent serves a copy of its response on the
11complainant or his or her representative. All allegations
12contained in the charge not denied by the respondent within 60
13days of the Department's request for a response may be deemed
14admitted, unless the respondent states that it is without
15sufficient information to form a belief with respect to such
16allegation. The Department may issue a notice of default
17directed to any respondent who fails to file a response to a
18charge within 60 days of receipt of the Department's request,
19unless the respondent can demonstrate good cause as to why such
20notice should not issue. The term "good cause" shall be defined
21by rule promulgated by the Department. Within 30 days of
22receipt of the respondent's response, the complainant may file
23a reply to said response and shall serve a copy of said reply
24on the respondent or his or her representative. A party shall
25have the right to supplement his or her response or reply at
26any time that the investigation of the charge is pending. The

 

 

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1Department shall, within 10 days of the date on which the
2charge was filed, and again no later than 335 days thereafter,
3send by certified or registered mail written notice to the
4complainant and to the respondent informing the complainant of
5the complainant's rights right to either file a complaint with
6the Human Rights Commission or commence a civil action in the
7appropriate circuit court under subparagraph (2) of paragraph
8(G) and under subsection (C-1), including in such notice the
9dates within which the complainant may exercise these rights
10this right. In the notice the Department shall notify the
11complainant that the charge of civil rights violation will be
12dismissed with prejudice and with no right to further proceed
13if a written complaint is not timely filed with the Commission
14or with the appropriate circuit court by the complainant
15pursuant to subparagraph (2) of paragraph (G) or subsection
16(C-1) or by the Department pursuant to subparagraph (1) of
17paragraph (G).
18    (B-1) Mediation. The complainant and respondent may agree
19to voluntarily submit the charge to mediation without waiving
20any rights that are otherwise available to either party
21pursuant to this Act and without incurring any obligation to
22accept the result of the mediation process. Nothing occurring
23in mediation shall be disclosed by the Department or admissible
24in evidence in any subsequent proceeding unless the complainant
25and the respondent agree in writing that such disclosure be
26made.

 

 

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1    (C) Investigation.
2        (1) If the complainant does not elect to opt out of an
3    investigation pursuant to subsection (C-1), the The
4    Department shall conduct an investigation sufficient to
5    determine whether the allegations set forth in the charge
6    are supported by substantial evidence.
7        (2) The Director or his or her designated
8    representatives shall have authority to request any member
9    of the Commission to issue subpoenas to compel the
10    attendance of a witness or the production for examination
11    of any books, records or documents whatsoever.
12        (3) If any witness whose testimony is required for any
13    investigation resides outside the State, or through
14    illness or any other good cause as determined by the
15    Director is unable to be interviewed by the investigator or
16    appear at a fact finding conference, his or her testimony
17    or deposition may be taken, within or without the State, in
18    the same manner as is provided for in the taking of
19    depositions in civil cases in circuit courts.
20        (4) Upon reasonable notice to the complainant and the
21    respondent, the Department shall conduct a fact finding
22    conference, unless prior to 365 days after the date on
23    which the charge was filed the Director has determined
24    whether there is substantial evidence that the alleged
25    civil rights violation has been committed, the charge has
26    been dismissed for lack of jurisdiction, or the parties

 

 

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1    voluntarily and in writing agree to waive the fact finding
2    conference. Any party's failure to attend the conference
3    without good cause shall result in dismissal or default.
4    The term "good cause" shall be defined by rule promulgated
5    by the Department. A notice of dismissal or default shall
6    be issued by the Director. The notice of default issued by
7    the Director shall notify the respondent that a request for
8    review may be filed in writing with the Commission within
9    30 days of receipt of notice of default. The notice of
10    dismissal issued by the Director shall give the complainant
11    notice of his or her right to seek review of the dismissal
12    before the Human Rights Commission or commence a civil
13    action in the appropriate circuit court. If the complainant
14    chooses to have the Human Rights Commission review the
15    dismissal order, he or she shall file a request for review
16    with the Commission within 90 days after receipt of the
17    Director's notice. If the complainant chooses to file a
18    request for review with the Commission, he or she may not
19    later commence a civil action in a circuit court. If the
20    complainant chooses to commence a civil action in a circuit
21    court, he or she must do so within 90 days after receipt of
22    the Director's notice.
23    (C-1) Opt out of Department's investigation. At any time
24within 60 days after receipt of notice of the right to opt out,
25a complainant may submit a written request seeking notice from
26the Director indicating that the complainant has opted out of

 

 

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1the investigation and may commence a civil action in the
2appropriate circuit court. The Department shall respond to a
3complainant's opt-out request within 10 business days by
4issuing the complainant a notice of the right to commence an
5action in circuit court. The Department shall also notify the
6respondent that the complainant has elected to opt out of the
7administrative process within 10 business days of receipt of
8the complainant's request. If the complainant chooses to
9commence an action in a circuit court under this subsection, he
10or she must do so within 90 days after receipt of the
11Director's notice of the right to commence an action in circuit
12court. The complainant shall notify the Department and the
13respondent that a complaint has been filed with the appropriate
14circuit court and shall mail a copy of the complaint to the
15Department and the respondent on the same date that the
16complaint is filed with the appropriate circuit court. Upon
17receipt of notice that the complainant has filed an action with
18the appropriate circuit court, the Department shall
19immediately cease its investigation and dismiss the charge of
20civil rights violation. Once a complainant has commenced an
21action in circuit court under this subsection, he or she may
22not file or refile a substantially similar charge with the
23Department arising from the same incident of unlawful
24discrimination or harassment.
25    (D) Report.
26        (1) Each charge investigated under subsection (C)

 

 

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1    shall be the subject of a report to the Director. The
2    report shall be a confidential document subject to review
3    by the Director, authorized Department employees, the
4    parties, and, where indicated by this Act, members of the
5    Commission or their designated hearing officers.
6        (2) Upon review of the report, the Director shall
7    determine whether there is substantial evidence that the
8    alleged civil rights violation has been committed. The
9    determination of substantial evidence is limited to
10    determining the need for further consideration of the
11    charge pursuant to this Act and includes, but is not
12    limited to, findings of fact and conclusions, as well as
13    the reasons for the determinations on all material issues.
14    Substantial evidence is evidence which a reasonable mind
15    accepts as sufficient to support a particular conclusion
16    and which consists of more than a mere scintilla but may be
17    somewhat less than a preponderance.
18        (3) If the Director determines that there is no
19    substantial evidence, the charge shall be dismissed by
20    order of the Director and the Director shall give the
21    complainant notice of his or her right to seek review of
22    the dismissal order before the Commission or commence a
23    civil action in the appropriate circuit court. If the
24    complainant chooses to have the Human Rights Commission
25    review the dismissal order, he or she shall file a request
26    for review with the Commission within 90 days after receipt

 

 

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1    of the Director's notice. If the complainant chooses to
2    file a request for review with the Commission, he or she
3    may not later commence a civil action in a circuit court.
4    If the complainant chooses to commence a civil action in a
5    circuit court, he or she must do so within 90 days after
6    receipt of the Director's notice.
7        (4) If the Director determines that there is
8    substantial evidence, he or she shall notify the
9    complainant and respondent of that determination. The
10    Director shall also notify the parties that the complainant
11    has the right to either commence a civil action in the
12    appropriate circuit court or request that the Department of
13    Human Rights file a complaint with the Human Rights
14    Commission on his or her behalf. Any such complaint shall
15    be filed within 90 days after receipt of the Director's
16    notice. If the complainant chooses to have the Department
17    file a complaint with the Human Rights Commission on his or
18    her behalf, the complainant must, within 30 days after
19    receipt of the Director's notice, request in writing that
20    the Department file the complaint. If the complainant
21    timely requests that the Department file the complaint, the
22    Department shall file the complaint on his or her behalf.
23    If the complainant fails to timely request that the
24    Department file the complaint, the complainant may file his
25    or her complaint with the Commission or commence a civil
26    action in the appropriate circuit court. If the complainant

 

 

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1    files a complaint with the Human Rights Commission, the
2    complainant shall give notice to the Department of the
3    filing of the complaint with the Human Rights Commission.
4    (E) Conciliation.
5         (1) When there is a finding of substantial evidence,
6    the Department may designate a Department employee who is
7    an attorney licensed to practice in Illinois to endeavor to
8    eliminate the effect of the alleged civil rights violation
9    and to prevent its repetition by means of conference and
10    conciliation.
11        (2) When the Department determines that a formal
12    conciliation conference is necessary, the complainant and
13    respondent shall be notified of the time and place of the
14    conference by registered or certified mail at least 10 days
15    prior thereto and either or both parties shall appear at
16    the conference in person or by attorney.
17        (3) The place fixed for the conference shall be within
18    35 miles of the place where the civil rights violation is
19    alleged to have been committed.
20        (4) Nothing occurring at the conference shall be
21    disclosed by the Department unless the complainant and
22    respondent agree in writing that such disclosure be made.
23        (5) The Department's efforts to conciliate the matter
24    shall not stay or extend the time for filing the complaint
25    with the Commission or the circuit court.
26    (F) Complaint.

 

 

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1        (1) When the complainant requests that the Department
2    file a complaint with the Commission on his or her behalf,
3    the Department shall prepare a written complaint, under
4    oath or affirmation, stating the nature of the civil rights
5    violation substantially as alleged in the charge
6    previously filed and the relief sought on behalf of the
7    aggrieved party. The Department shall file the complaint
8    with the Commission.
9        (2) If the complainant chooses to commence a civil
10    action in a circuit court, he or she must do so in the
11    circuit court in the county wherein the civil rights
12    violation was allegedly committed. The form of the
13    complaint in any such civil action shall be in accordance
14    with the Illinois Code of Civil Procedure.
15    (G) Time Limit.
16        (1) When a charge of a civil rights violation has been
17    properly filed, the Department, within 365 days thereof or
18    within any extension of that period agreed to in writing by
19    all parties, shall issue its report as required by
20    subparagraph (D). Any such report shall be duly served upon
21    both the complainant and the respondent.
22        (2) If the Department has not issued its report within
23    365 days after the charge is filed, or any such longer
24    period agreed to in writing by all the parties, the
25    complainant shall have 90 days to either file his or her
26    own complaint with the Human Rights Commission or commence

 

 

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1    a civil action in the appropriate circuit court. If the
2    complainant files a complaint with the Commission, the form
3    of the complaint shall be in accordance with the provisions
4    of paragraph (F)(1). If the complainant commences a civil
5    action in a circuit court, the form of the complaint shall
6    be in accordance with the Illinois Code of Civil Procedure.
7    The aggrieved party shall notify the Department that a
8    complaint has been filed and shall serve a copy of the
9    complaint on the Department on the same date that the
10    complaint is filed with the Commission or in circuit court.
11    If the complainant files a complaint with the Commission,
12    he or she may not later commence a civil action in circuit
13    court.
14        (3) If an aggrieved party files a complaint with the
15    Human Rights Commission or commences a civil action in
16    circuit court pursuant to paragraph (2) of this subsection,
17    or if the time period for filing a complaint has expired,
18    the Department shall immediately cease its investigation
19    and dismiss the charge of civil rights violation. Any final
20    order entered by the Commission under this Section is
21    appealable in accordance with paragraph (B)(1) of Section
22    8-111. Failure to immediately cease an investigation and
23    dismiss the charge of civil rights violation as provided in
24    this paragraph (3) constitutes grounds for entry of an
25    order by the circuit court permanently enjoining the
26    investigation. The Department may also be liable for any

 

 

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1    costs and other damages incurred by the respondent as a
2    result of the action of the Department.
3        (4) (Blank) The Department shall stay any
4    administrative proceedings under this Section after the
5    filing of a civil action by or on behalf of the aggrieved
6    party under any federal or State law seeking relief with
7    respect to the alleged civil rights violation.
8    (H) This amendatory Act of 1995 applies to causes of action
9filed on or after January 1, 1996.
10    (I) This amendatory Act of 1996 applies to causes of action
11filed on or after January 1, 1996.
12    (J) The changes made to this Section by Public Act 95-243
13apply to charges filed on or after the effective date of those
14changes.
15    (K) The changes made to this Section by this amendatory Act
16of the 96th General Assembly apply to charges filed on or after
17the effective date of those changes.
18    (L) The changes made to this Section by this amendatory Act
19of the 100th General Assembly apply to charges filed on or
20after the effective date of this amendatory Act of the 100th
21General Assembly.
22(Source: P.A. 100-492, eff. 9-8-17.)
 
23    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
24    Sec. 7B-102. Procedures.
25    (A) Charge.

 

 

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1        (1) Within one year after the date that a civil rights
2    violation allegedly has been committed or terminated, a
3    charge in writing under oath or affirmation may be filed
4    with the Department by an aggrieved party or issued by the
5    Department itself under the signature of the Director.
6        (2) The charge shall be in such detail as to
7    substantially apprise any party properly concerned as to
8    the time, place, and facts surrounding the alleged civil
9    rights violation.
10    (B) Notice and Response to Charge.
11        (1) The Department shall serve notice upon the
12    aggrieved party acknowledging such charge and advising the
13    aggrieved party of the time limits and choice of forums
14    provided under this Act. The Department shall, within 10
15    days of the date on which the charge was filed or the
16    identification of an additional respondent under paragraph
17    (2) of this subsection, serve on the respondent a copy of
18    the charge along with a notice identifying the alleged
19    civil rights violation and advising the respondent of the
20    procedural rights and obligations of respondents under
21    this Act and may require the respondent to file a response
22    to the allegations contained in the charge. Upon the
23    Department's request, the respondent shall file a response
24    to the charge within 30 days and shall serve a copy of its
25    response on the complainant or his or her representative.
26    Notwithstanding any request from the Department, the

 

 

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1    respondent may elect to file a response to the charge
2    within 30 days of receipt of notice of the charge, provided
3    the respondent serves a copy of its response on the
4    complainant or his or her representative. All allegations
5    contained in the charge not denied by the respondent within
6    30 days after the Department's request for a response may
7    be deemed admitted, unless the respondent states that it is
8    without sufficient information to form a belief with
9    respect to such allegation. The Department may issue a
10    notice of default directed to any respondent who fails to
11    file a response to a charge within 30 days of the
12    Department's request, unless the respondent can
13    demonstrate good cause as to why such notice should not
14    issue. The term "good cause" shall be defined by rule
15    promulgated by the Department. Within 10 days of the date
16    he or she receives the respondent's response, the
17    complainant may file his or her reply to said response. If
18    he or she chooses to file a reply, the complainant shall
19    serve a copy of said reply on the respondent or his or her
20    representative. A party may supplement his or her response
21    or reply at any time that the investigation of the charge
22    is pending.
23        (2) A person who is not named as a respondent in a
24    charge, but who is identified as a respondent in the course
25    of investigation, may be joined as an additional or
26    substitute respondent upon written notice, under

 

 

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1    subsection (B), to such person, from the Department. Such
2    notice, in addition to meeting the requirements of
3    subsections (A) and (B), shall explain the basis for the
4    Department's belief that a person to whom the notice is
5    addressed is properly joined as a respondent.
6    (C) Investigation.
7        (1) The Department shall conduct a full investigation
8    of the allegations set forth in the charge and complete
9    such investigation within 100 days after the filing of the
10    charge, unless it is impracticable to do so. The
11    Department's failure to complete the investigation within
12    100 days after the proper filing of the charge does not
13    deprive the Department of jurisdiction over the charge.
14        (2) If the Department is unable to complete the
15    investigation within 100 days after the charge is filed,
16    the Department shall notify the complainant and respondent
17    in writing of the reasons for not doing so.
18        (3) The Director or his or her designated
19    representative shall have authority to request any member
20    of the Commission to issue subpoenas to compel the
21    attendance of a witness or the production for examination
22    of any books, records or documents whatsoever.
23        (4) If any witness whose testimony is required for any
24    investigation resides outside the State, or through
25    illness or any other good cause as determined by the
26    Director is unable to be interviewed by the investigator or

 

 

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1    appear at a fact finding conference, his or her testimony
2    or deposition may be taken, within or without the State, in
3    the same manner as provided for in the taking of
4    depositions in civil cases in circuit courts.
5        (5) Upon reasonable notice to the complainant and the
6    respondent, the Department shall conduct a fact finding
7    conference, unless prior to 100 days from the date on which
8    the charge was filed, the Director has determined whether
9    there is substantial evidence that the alleged civil rights
10    violation has been committed or the parties voluntarily and
11    in writing agree to waive the fact finding conference. A
12    party's failure to attend the conference without good cause
13    may result in dismissal or default. A notice of dismissal
14    or default shall be issued by the Director and shall notify
15    the relevant party that a request for review may be filed
16    in writing with the Commission within 30 days of receipt of
17    notice of dismissal or default.
18    (D) Report.
19        (1) Each investigated charge investigated under
20    subsection (C) shall be the subject of a report to the
21    Director. The report shall be a confidential document
22    subject to review by the Director, authorized Department
23    employees, the parties, and, where indicated by this Act,
24    members of the Commission or their designated hearing
25    officers.
26            The report shall contain:

 

 

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1            (a) the names and dates of contacts with witnesses;
2            (b) a summary and the date of correspondence and
3        other contacts with the aggrieved party and the
4        respondent;
5            (c) a summary description of other pertinent
6        records;
7            (d) a summary of witness statements; and
8            (e) answers to questionnaires.
9        A final report under this paragraph may be amended if
10    additional evidence is later discovered.
11        (2) Upon review of the report and within 100 days of
12    the filing of the charge, unless it is impracticable to do
13    so, the Director shall determine whether there is
14    substantial evidence that the alleged civil rights
15    violation has been committed or is about to be committed.
16    If the Director is unable to make the determination within
17    100 days after the filing of the charge, the Director shall
18    notify the complainant and respondent in writing of the
19    reasons for not doing so. The Director's failure to make
20    the determination within 100 days after the proper filing
21    of the charge does not deprive the Department of
22    jurisdiction over the charge.
23            (a) If the Director determines that there is no
24        substantial evidence, the charge shall be dismissed
25        and the aggrieved party notified that he or she may
26        seek review of the dismissal order before the

 

 

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1        Commission. The aggrieved party shall have 90 days from
2        receipt of notice to file a request for review by the
3        Commission. The Director shall make public disclosure
4        of each such dismissal.
5            (b) If the Director determines that there is
6        substantial evidence, he or she shall immediately
7        issue a complaint on behalf of the aggrieved party
8        pursuant to subsection (F).
9    (E) Conciliation.
10        (1) During the period beginning with the filing of
11    charge and ending with the filing of a complaint or a
12    dismissal by the Department, the Department shall, to the
13    extent feasible, engage in conciliation with respect to
14    such charge.
15        When the Department determines that a formal
16    conciliation conference is feasible, the aggrieved party
17    and respondent shall be notified of the time and place of
18    the conference by registered or certified mail at least 7
19    days prior thereto and either or both parties shall appear
20    at the conference in person or by attorney.
21        (2) The place fixed for the conference shall be within
22    35 miles of the place where the civil rights violation is
23    alleged to have been committed.
24        (3) Nothing occurring at the conference shall be made
25    public or used as evidence in a subsequent proceeding for
26    the purpose of proving a violation under this Act unless

 

 

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1    the complainant and respondent agree in writing that such
2    disclosure be made.
3        (4) A conciliation agreement arising out of such
4    conciliation shall be an agreement between the respondent
5    and the complainant, and shall be subject to approval by
6    the Department and Commission.
7        (5) A conciliation agreement may provide for binding
8    arbitration of the dispute arising from the charge. Any
9    such arbitration that results from a conciliation
10    agreement may award appropriate relief, including monetary
11    relief.
12        (6) Each conciliation agreement shall be made public
13    unless the complainant and respondent otherwise agree and
14    the Department determines that disclosure is not required
15    to further the purpose of this Act.
16    (F) Complaint.
17        (1) When there is a failure to settle or adjust any
18    charge through a conciliation conference and the charge is
19    not dismissed, the Department shall prepare a written
20    complaint, under oath or affirmation, stating the nature of
21    the civil rights violation and the relief sought on behalf
22    of the aggrieved party. Such complaint shall be based on
23    the final investigation report and need not be limited to
24    the facts or grounds alleged in the charge filed under
25    subsection (A).
26        (2) The complaint shall be filed with the Commission.

 

 

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1        (3) The Department may not issue a complaint under this
2    Section regarding an alleged civil rights violation after
3    the beginning of the trial of a civil action commenced by
4    the aggrieved party under any State or federal law, seeking
5    relief with respect to that alleged civil rights violation.
6    (G) Time Limit.
7        (1) When a charge of a civil rights violation has been
8    properly filed, the Department, within 100 days thereof,
9    unless it is impracticable to do so, shall either issue and
10    file a complaint in the manner and form set forth in this
11    Section or shall order that no complaint be issued. Any
12    such order shall be duly served upon both the aggrieved
13    party and the respondent. The Department's failure to
14    either issue and file a complaint or order that no
15    complaint be issued within 100 days after the proper filing
16    of the charge does not deprive the Department of
17    jurisdiction over the charge.
18        (2) The Director shall make available to the aggrieved
19    party and the respondent, at any time, upon request
20    following completion of the Department's investigation,
21    information derived from an investigation and any final
22    investigative report relating to that investigation.
23    (H) This amendatory Act of 1995 applies to causes of action
24filed on or after January 1, 1996.
25    (I) The changes made to this Section by Public Act 95-243
26apply to charges filed on or after the effective date of those

 

 

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1changes.
2    (J) The changes made to this Section by this amendatory Act
3of the 96th General Assembly apply to charges filed on or after
4the effective date of those changes.
5(Source: P.A. 100-492, eff. 9-8-17.)
 
6    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
7    Sec. 8-101. Illinois Human Rights Commission.
8    (A) Creation; appointments. The Human Rights Commission is
9created to consist of 7 13 members appointed by the Governor
10with the advice and consent of the Senate. No more than 4 7
11members shall be of the same political party. The Governor
12shall designate one member as chairperson. All appointments
13shall be in writing and filed with the Secretary of State as a
14public record.
15    (B) Terms. Of the members first appointed, 4 shall be
16appointed for a term to expire on the third Monday of January,
172021 1981, and 3 5 (including the Chairperson) shall be
18appointed for a term to expire on the third Monday of January,
192023 1983.
20    Notwithstanding any provision of this Section to the
21contrary, the term of office of each member of the Illinois
22Human Rights Commission is abolished on January 19, 2019.
23Incumbent July 29, 1985, but the incumbent members holding a
24position on the Commission that was created by Public Act
2584-115 and whose terms, if not for this amendatory Act of the

 

 

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1100th General Assembly, would have expired January 18, 2021
2shall continue to exercise all of the powers and be subject to
3all of the duties of members of the Commission until June 30,
42019 or until their respective successors are appointed and
5qualified, whichever is earlier. Subject to the provisions of
6subsection (A), of the 9 members appointed under Public Act
784-115, effective July 29, 1985, 5 members shall be appointed
8for terms to expire on the third Monday of January, 1987, and 4
9members shall be appointed for terms to expire on the third
10Monday of January, 1989; and of the 4 additional members
11appointed under Public Act 84-1084, effective December 2, 1985,
12two shall be appointed for a term to expire on the third Monday
13of January, 1987, and two members shall be appointed for a term
14to expire on the third Monday of January, 1989.
15    Thereafter, each member shall serve for a term of 4 years
16and until his or her successor is appointed and qualified;
17except that any member chosen to fill a vacancy occurring
18otherwise than by expiration of a term shall be appointed only
19for the unexpired term of the member whom he or she shall
20succeed and until his or her successor is appointed and
21qualified.
22    (C) Vacancies.
23        (1) In the case of vacancies on the Commission during a
24    recess of the Senate, the Governor shall make a temporary
25    appointment until the next meeting of the Senate when he or
26    she shall appoint a person to fill the vacancy. Any person

 

 

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1    so nominated and confirmed by the Senate shall hold office
2    for the remainder of the term and until his or her
3    successor is appointed and qualified.
4        (2) If the Senate is not in session at the time this
5    Act takes effect, the Governor shall make temporary
6    appointments to the Commission as in the case of vacancies.
7        (3) Vacancies in the Commission shall not impair the
8    right of the remaining members to exercise all the powers
9    of the Commission. Except when authorized by this Act to
10    proceed through a 3 member panel, a majority of the members
11    of the Commission then in office shall constitute a quorum.
12    (D) Compensation. On and after January 19, 2019, the The
13Chairperson of the Commission shall be compensated at the rate
14of $125,000 $22,500 per year, or as set by the Compensation
15Review Board, whichever is greater, during his or her service
16as Chairperson, and each other member shall be compensated at
17the rate of $119,000 $20,000 per year, or as set by the
18Compensation Review Board, whichever is greater. In addition,
19all members of the Commission shall be reimbursed for expenses
20actually and necessarily incurred by them in the performance of
21their duties.
22    (E) Notwithstanding the general supervisory authority of
23the Chairperson, each commissioner, unless appointed to the
24special temporary panel created under subsection (H), has the
25authority to hire and supervise a staff attorney. The staff
26attorney shall report directly to the individual commissioner.

 

 

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1    (F) A formal training program for newly appointed
2commissioners shall be implemented. The training program shall
3include the following:
4        (1) substantive and procedural aspects of the office of
5    commissioner;
6        (2) current issues in employment discrimination and
7    public accommodation law and practice;
8        (3) orientation to each operational unit of the Human
9    Rights Commission;
10        (4) observation of experienced hearing officers and
11    commissioners conducting hearings of cases, combined with
12    the opportunity to discuss evidence presented and rulings
13    made;
14        (5) the use of hypothetical cases requiring the newly
15    appointed commissioner to issue judgments as a means of
16    evaluating knowledge and writing ability;
17        (6) writing skills; and
18        (7) professional and ethical standards.
19    A formal and ongoing professional development program
20including, but not limited to, the above-noted areas shall be
21implemented to keep commissioners informed of recent
22developments and issues and to assist them in maintaining and
23enhancing their professional competence. Each commissioner
24shall complete 20 hours of training in the above-noted areas
25during every 2 years the commissioner remains in office.
26    (G) Commissioners must meet one of the following

 

 

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1qualifications:
2        (1) licensed to practice law in the State of Illinois;
3        (2) at least 3 years of experience as a hearing officer
4    at the Human Rights Commission; or
5        (3) at least 4 years of professional experience working
6    for or dealing with individuals or corporations affected by
7    this Act or similar laws in other jurisdictions, including,
8    but not limited to, experience with a civil rights advocacy
9    group, a fair housing group, a trade association, a union,
10    a law firm, a legal aid organization, an employer's human
11    resources department, an employment discrimination
12    consulting firm, or a municipal human relations agency.
13    The Governor's appointment message, filed with the
14Secretary of State and transmitted to the Senate, shall state
15specifically how the experience of a nominee for commissioner
16meets the requirement set forth in this subsection. The
17Chairperson must have public or private sector management and
18budget experience, as determined by the Governor.
19    Each commissioner shall devote full time to his or her
20duties and any commissioner who is an attorney shall not engage
21in the practice of law, nor shall any commissioner hold any
22other office or position of profit under the United States or
23this State or any municipal corporation or political
24subdivision of this State, nor engage in any other business,
25employment, or vocation.
26    (H) Notwithstanding any other provision of this Act, the

 

 

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1Governor shall appoint, by and with the consent of the Senate,
2a special temporary panel of commissioners comprised of 3
3members. The members shall hold office until the Commission, in
4consultation with the Governor, determines that the caseload of
5requests for review has been reduced sufficiently to allow
6cases to proceed in a timely manner, or for a term of 18 months
7from the date of appointment by the Governor, whichever is
8earlier. Each of the 3 members shall have only such rights and
9powers of a commissioner necessary to dispose of the cases
10assigned to the special panel. Each of the 3 members appointed
11to the special panel shall receive the same salary as other
12commissioners for the duration of the panel. The panel shall
13have the authority to hire and supervise a staff attorney who
14shall report to the panel of commissioners.
15(Source: P.A. 99-642, eff. 7-28-16.)
 
16    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)
17    Sec. 8-102. Powers and Duties. In addition to the other
18powers and duties prescribed in this Act, the Commission shall
19have the following powers and duties:
20    (A) Meetings. To meet and function at any place within the
21State.
22    (B) Offices. To establish and maintain offices in
23Springfield and Chicago.
24    (C) Employees. To select and fix the compensation of such
25technical advisors and employees as it may deem necessary

 

 

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1pursuant to the provisions of "The Personnel Code".
2    (D) Hearing Officers. To select and fix the compensation of
3hearing officers who shall be attorneys duly licensed to
4practice law in this State and full time employees of the
5Commission.
6    A formal and unbiased training program for hearing officers
7shall be implemented. The training program shall include the
8following:
9        (1) substantive and procedural aspects of the hearing
10    officer position;
11        (2) current issues in human rights law and practice;
12        (3) lectures by specialists in substantive areas
13    related to human rights matters;
14        (4) orientation to each operational unit of the
15    Department and Commission;
16        (5) observation of experienced hearing officers
17    conducting hearings of cases, combined with the
18    opportunity to discuss evidence presented and rulings
19    made;
20        (6) the use of hypothetical cases requiring the hearing
21    officer to issue judgments as a means to evaluating
22    knowledge and writing ability;
23        (7) writing skills;
24        (8) computer skills, including but not limited to word
25    processing and document management.
26    A formal, unbiased and ongoing professional development

 

 

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1program including, but not limited to, the above-noted areas
2shall be implemented to keep hearing officers informed of
3recent developments and issues and to assist them in
4maintaining and enhancing their professional competence.
5    (E) Rules and Regulations. To adopt, promulgate, amend, and
6rescind rules and regulations not inconsistent with the
7provisions of this Act pursuant to the Illinois Administrative
8Procedure Act.
9    (F) Compulsory Process. To issue and authorize requests for
10enforcement of subpoenas and other compulsory process
11established by this Act.
12    (G) Decisions. Through a panel of three members designated
13by the Chairperson on a random basis, to hear and decide by
14majority vote complaints filed in conformity with this Act and
15to approve proposed settlements. Decisions by commissioners
16must be based strictly on neutral interpretations of the law
17and the facts.
18    (H) Rehearings. To order, by a vote of 3 6 members,
19rehearing of its decisions by the entire Commission in
20conformity with this Act.
21    (I) Judicial Enforcement. To authorize requests for
22judicial enforcement of its orders in conformity with this Act.
23    (J) Opinions. To publish each decision within 180 days of
24the decision its decisions in timely fashion to assure a
25consistent source of precedent. Published decisions shall be
26subject to the Personal Information Protection Act.

 

 

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1    (K) Public Grants; Private Gifts. To accept public grants
2and private gifts as may be authorized.
3    (L) Interpreters. To appoint at the expense of the
4Commission a qualified sign language interpreter whenever a
5hearing impaired person is a party or witness at a public
6hearing.
7    (M) Automated Processing Plan. To prepare an electronic
8data processing and telecommunications plan jointly with the
9Department in accordance with Section 7-112.
10    (N) The provisions of this amendatory Act of 1995 amending
11subsection (G) of this Section apply to causes of action filed
12on or after January 1, 1996.
13(Source: P.A. 91-357, eff. 7-29-99.)
 
14    (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
15    Sec. 8-103. Request for Review.
16    (A) Jurisdiction. The Commission, through a panel of three
17members, shall have jurisdiction to hear and determine requests
18for review of (1) decisions of the Department to dismiss a
19charge; and (2) notices of default issued by the Department.
20    In each instance, the Department shall be the respondent.
21The respondent on the charge, in the case of dismissal, or the
22complainant, in the case of default, may file a response to the
23request for review.
24    (B) Review. When a request for review is properly filed,
25the Commission may consider the Department's report, any

 

 

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1argument and supplemental evidence timely submitted, and the
2results of any additional investigation conducted by the
3Department in response to the request. In its discretion, the
4Commission may designate a hearing officer to conduct a hearing
5into the factual basis of the matter at issue. Within 120 days
6after the effective date of this amendatory Act of the 100th
7General Assembly, the Commission shall adopt rules of minimum
8standards for the contents of responses to requests for review,
9including, but not limited to, proposed statements of
10uncontested facts and proposed statements of the legal issues.
11    (C) Default Order. When a respondent fails to file a timely
12request for review of a notice of default, or the default is
13sustained on review, the Commission shall enter a default order
14and notify the parties that the complainant has the right to
15either commence a civil action in the appropriate circuit court
16to determine the complainant's damages or request that the
17Commission set a hearing on damages before one of its hearing
18officers. The complainant shall have 90 days after receipt of
19the Commission's default order to either commence a civil
20action in the appropriate circuit court or request that the
21Commission set a hearing on damages.
22    (D) Time Period Toll. Proceedings on requests for review
23shall toll the time limitation established in paragraph (G) of
24Section 7A-102 from the date on which the Department's notice
25of dismissal or default is issued to the date on which the
26Commission's order is entered.

 

 

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1    (E) The changes made to this Section by Public Act 95-243
2apply to charges or complaints filed with the Department or
3Commission on or after the effective date of those changes.
4    (F) The changes made to this Section by this amendatory Act
5of the 96th General Assembly apply to charges or complaints
6filed with the Department or Commission on or after the
7effective date of those changes.
8    (G) The changes made to this Section by this amendatory Act
9of the 100th General Assembly apply to charges filed or pending
10with the Department or Commission on or after the effective
11date of this amendatory Act of the 100th General Assembly.
12(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
 
13    (775 ILCS 5/8-110)  (from Ch. 68, par. 8-110)
14    Sec. 8-110. Publication of Opinions. Decisions of the
15Commission or panels thereof, whether on requests for review or
16complaints, shall be made available on the Commission's website
17and to online legal research companies within 14 calendar days
18after publication by the Commission as required by subsection
19(J) of Section 8-102. Published decisions shall be subject to
20the Personal Information Protection Act published within 120
21calendar days of the completion of service of the written
22decision on the parties to ensure a consistent source of
23precedent.
24    This amendatory Act of 1995 applies to causes of action
25filed on or after January 1, 1996.

 

 

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1    The changes made to this Section by this amendatory Act of
2the 95th General Assembly apply to decisions of the Commission
3entered on or after the effective date of those changes.
4(Source: P.A. 95-243, eff. 1-1-08.)
 
5    (775 ILCS 5/8A-103)  (from Ch. 68, par. 8A-103)
6    Sec. 8A-103. Review by Commission.
7    (A) Exceptions. Within 30 days of the receipt of service of
8the hearing officer's recommended order, a party may file with
9the Commission any written exceptions to any part of the order.
10Exceptions shall be supported by argument and served on all
11parties at the time they are filed. If no exceptions are filed,
12the recommended order shall become the order of the Commission
13without further review. The Commission shall issue a notice
14that no exceptions have been filed no later than 30 days after
15the exceptions were due.
16    (B) Response. Within 21 days of the receipt of service of
17exceptions, a party may file with the Commission any response
18to the exceptions. Responses shall be supported by argument and
19served on all parties at the time they are filed.
20    (C) Oral Argument. A party may request oral argument at the
21time of filing exceptions or a response to exceptions. When any
22party requests oral argument in this manner, the Commission may
23schedule oral argument to be heard by a panel of 3 Commission
24members. If the panel grants oral argument, it shall notify all
25parties of the time and place of argument. Any party so

 

 

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1notified may present oral argument.
2    (D) Remand.
3        (1) The Commission, on its own motion or at the written
4    request of any party made at the time of filing exceptions
5    or responses, may remand a case to a hearing officer for
6    purposes of a rehearing to reconsider evidence or hear
7    additional evidence in the matter. The Commission shall
8    issue and serve on all parties a written order remanding
9    the cause and specifying the additional evidence.
10        (2) The hearing officer presiding at a rehearing shall
11    set a hearing date, in accordance with subsection (B) of
12    Section 8A-102, upon due notice to all parties.
13        (3) After conclusion of the rehearing, the hearing
14    officer shall file written findings and recommendations
15    with the Commission and serve copies at the same time on
16    all parties in the same manner as provided in subsection
17    (I) of Section 8A-102. The findings and recommendations
18    shall be subject to review by the Commission as provided in
19    this Section.
20    (E) Review.
21        (1) Following the filing of the findings and
22    recommended order of the hearing officer and any written
23    exceptions and responses, and any other proceedings
24    provided for in this Section, the Commission, through a
25    panel of 3 members, shall decide whether to accept the case
26    for review. If the panel declines to review the recommended

 

 

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1    order, it shall become the order of the Commission. The
2    Commission shall issue a notice within 30 days after a
3    Commission panel votes to decline review. If the panel
4    accepts the case, it shall review the record and may adopt,
5    modify, or reverse in whole or in part the findings and
6    recommendations of the hearing officer.
7        (2) When reviewing a recommended order, the Commission
8    shall adopt the hearing officer's findings of fact if they
9    are not contrary to the manifest weight of the evidence.
10        (3) If the Commission accepts a case for review, it
11    shall file its written order and decision in its office and
12    serve copies on all parties together with a notification of
13    the date when it was filed. If the Commission declines to
14    review a recommended order or if no exceptions have been
15    filed, it shall issue a short statement notifying the
16    parties that the recommended order has become the order of
17    the Commission. The statement shall be served on the
18    parties by first class mail.
19        (4) A recommended order authored by a non-presiding
20    hearing officer under subparagraph 8A-102(I)(4) of this
21    Act shall be reviewed in the same manner as a recommended
22    order authored by a presiding hearing officer.
23    (F) Rehearing.
24        (1) Within 30 days after service of the Commission's
25    order or statement declining review, a party may file an
26    application for rehearing before the full Commission. The

 

 

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1    application shall be served on all other parties. The
2    Commission shall have discretion to order a response to the
3    application. The filing of an application for rehearing is
4    optional. The failure to file an application for rehearing
5    shall not be considered a failure to exhaust administrative
6    remedies. This amendatory Act of 1991 applies to pending
7    proceedings as well as those filed on or after its
8    effective date.
9        (2) Applications for rehearing shall be viewed with
10    disfavor and may be granted, by vote of 6 Commission
11    members, only upon a clear demonstration that a matter
12    raises legal issues of significant impact or that
13    Commission decisions are in conflict.
14        (3) When an application for rehearing is granted, the
15    original order shall be nullified and oral argument before
16    the full Commission shall be scheduled. The Commission may
17    request the parties to file any additional written
18    arguments it deems necessary.
19    (G) Modification of Order.
20        (1) At any time before a final order of the court in a
21    proceeding for judicial review under this Act, the
22    Commission or the 3-member panel that decided the matter,
23    upon reasonable notice, may modify or set aside in whole or
24    in part any finding or order made by it in accordance with
25    this Section.
26        (2) Any modification shall be accomplished by the

 

 

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1    filing and service of a supplemental order and decision by
2    the Commission in the same manner as provided in this
3    Section.
4    (H) Extensions of time. All motions for extensions of time
5with respect to matters being considered by the Commission
6shall be decided by the full Commission or a 3-member panel. If
7a motion for extension of time cannot be ruled upon before the
8filing deadline sought to be extended, the Chairperson of the
9Commission shall be authorized to extend the filing deadline to
10the date of the next Commission meeting at which the motion can
11be considered.
12(Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95;
1389-626, eff. 8-9-96.)
 
14    (775 ILCS 5/8B-103)  (from Ch. 68, par. 8B-103)
15    Sec. 8B-103. Review by Commission.
16    (A) Exceptions. Within 30 days of the receipt of service of
17the hearing officer's recommended order, a party may file with
18the Commission any written exceptions to any part of the order.
19Exceptions shall be supported by argument and served on all
20parties at the time they are filed. If no exceptions are filed,
21the recommended order shall become the order of the Commission
22without further review. The Commission shall issue a notice
23that no exceptions have been filed no later than 30 days after
24the exceptions were due.
25    (B) Response. Within 21 days of the receipt of service of

 

 

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1exceptions, a party may file with the Commission any response
2to the exceptions. Responses shall be supported by argument and
3served on all parties at the time they are filed.
4    (C) Oral Argument. A party may request oral argument at the
5time of filing exceptions or a response to exceptions. When any
6party requests oral argument in this manner, the Commission may
7schedule oral argument to be heard by a panel of 3 Commission
8members. If the panel grants oral argument, it shall notify all
9parties of the time and place of argument. Any party so
10notified may present oral argument.
11    (D) Remand.
12        (1) The Commission, on its own motion or at the written
13    request of any party made at the time of filing exceptions
14    or responses, may remand a case to a hearing officer for
15    purposes of a rehearing to reconsider evidence or hear
16    additional evidence in the matter. The Commission shall
17    issue and serve on all parties a written order remanding
18    the cause and specifying the additional evidence.
19        (2) The hearing officer presiding at a rehearing shall
20    set a hearing date, in accordance with Section 8B-102(C),
21    upon due notice to all parties.
22        (3) After conclusion of the rehearing, the hearing
23    officer shall file written findings and recommendations
24    with the Commission and serve copies at the same time on
25    all parties in the same manner as provided in Section
26    8B-102(J). The findings and recommendations shall be

 

 

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1    subject to review by the Commission as provided in this
2    Section.
3    (E) Review.
4        (1) Following the filing of the findings and
5    recommended order of the hearing officer and any written
6    exceptions and responses, and any other proceedings
7    provided for in this Section, the Commission, through a
8    panel of 3 members, may review the record and may adopt,
9    modify, or reverse in whole or in part the findings and
10    recommendations of the hearing officer.
11        (2) When reviewing a recommended order, the Commission
12    shall adopt the hearing officer's findings of fact if they
13    are not contrary to the manifest weight of the evidence.
14        (3) If the Commission accepts a case for review, it
15    shall file its written order and decision in its office and
16    serve copies on all parties together with a notification of
17    the date when it was filed. If the Commission declines to
18    review a recommended order or if no exceptions have been
19    filed, it shall issue a short statement notifying the
20    parties that the recommended order has become the order of
21    the Commission. The statement shall be served on the
22    parties by first class mail.
23        (3.1) A recommended order authored by a non-presiding
24    hearing officer under subparagraph 8B-102(J)(4) shall be
25    reviewed in the same manner as a recommended order authored
26    by a presiding hearing officer.

 

 

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1        (4) The Commission shall issue a final decision within
2    one year of the date a charge is filed with the Department
3    unless it is impracticable to do so. If the Commission is
4    unable to issue a final decision within one year of the
5    date the charge is filed with the Department, it shall
6    notify all parties in writing of the reasons for not doing
7    so.
8    (F) Rehearing.
9        (1) Within 30 days after service of the Commission's
10    order or statement declining review, a party may file an
11    application for rehearing before the full Commission. The
12    application shall be served on all other parties. The
13    Commission shall have discretion to order a response to the
14    application. The filing of an application for rehearing is
15    optional. The failure to file an application for rehearing
16    shall not be considered a failure to exhaust administrative
17    remedies. This amendatory Act of 1991 applies to pending
18    proceedings as well as those filed on or after its
19    effective date.
20        (2) Applications for rehearing shall be viewed with
21    disfavor, and may be granted, by vote of 6 Commission
22    members, only upon a clear demonstration that a matter
23    raises legal issues of significant impact or that
24    Commission decisions are in conflict.
25        (3) When an application for rehearing is granted, the
26    original order shall be nullified and oral argument before

 

 

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1    the full Commission shall be scheduled. The Commission may
2    request the parties to file any additional written
3    arguments it deems necessary.
4    (G) Modification of Order.
5        (1) At any time before a final order of the court in a
6    proceeding for judicial review under this Act, the
7    Commission or the 3-member panel that decided the matter,
8    upon reasonable notice, may modify or set aside in whole or
9    in part any finding or order made by it in accordance with
10    this Section.
11        (2) Any modification shall be accomplished by the
12    filing and service of a supplemental order and decision by
13    the Commission in the same manner as provided in this
14    Section.
15    (H) Extensions of time. All motions for extensions of time
16with respect to matters being considered by the Commission
17shall be decided by the full Commission or a 3-member panel. If
18a motion for extension of time cannot be ruled upon before the
19filing deadline sought to be extended, the Chairperson of the
20Commission shall be authorized to extend the filing deadline to
21the date of the next Commission meeting at which the motion can
22be considered.
23(Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95;
2489-626, eff. 8-9-96.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.