(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other powers
and duties prescribed in this Act, the Commission shall have the following
powers and duties:
(A) Meetings. To meet and function at any place |
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(B) Offices. To establish and maintain offices in
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(C) Employees. To select and fix the compensation of
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| such technical advisors and employees as it may deem necessary pursuant to the provisions of the Personnel Code.
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(D) Hearing Officers. To select and fix the
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| compensation of hearing officers who shall be attorneys duly licensed to practice law in this State and full-time employees of the Commission.
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A formal and unbiased training program for hearing
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| officers shall be implemented. The training program shall include the following:
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(1) substantive and procedural aspects of the
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| hearing officer position;
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(2) current issues in human rights law and
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(3) lectures by specialists in substantive areas
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| related to human rights matters;
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(4) orientation to each operational unit of the
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| Department and Commission;
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(5) observation of experienced hearing officers
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| conducting hearings of cases, combined with the opportunity to discuss evidence presented and rulings made;
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(6) the use of hypothetical cases requiring the
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| hearing officer to issue judgments as a means to evaluating knowledge and writing ability;
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(7) writing skills;
(8) computer skills, including, but not limited
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| to, word processing and document management.
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A formal, unbiased and ongoing professional
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| development program including, but not limited to, the above-noted areas shall be implemented to keep hearing officers informed of recent developments and issues and to assist them in maintaining and enhancing their professional competence.
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(E) Rules and Regulations. To adopt, promulgate,
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| amend, and rescind rules and regulations not inconsistent with the provisions of this Act pursuant to the Illinois Administrative Procedure Act.
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(F) Compulsory Process. To issue and authorize
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| requests for enforcement of subpoenas and other compulsory process established by this Act.
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(G) Decisions. Through a panel of 3 members
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| designated by the Chairperson on a random basis, to hear and decide by majority vote complaints filed in conformity with this Act and to approve proposed settlements. Decisions by commissioners must be based strictly on neutral interpretations of the law and the facts.
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(H) Rehearings. To order, by a vote of 3 members,
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| rehearing of its decisions by the entire Commission in conformity with this Act.
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(I) Judicial Enforcement. To authorize requests for
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| judicial enforcement of its orders in conformity with this Act.
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(J) Opinions. To publish each decision within 180
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| days of the decision to assure a consistent source of precedent. Published decisions shall be subject to the Personal Information Protection Act.
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(K) Public Grants; Private Gifts. To accept public
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| grants and private gifts as may be authorized.
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(L) Interpreters. To appoint at the expense of the
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| Commission a qualified interpreter whenever a hearing impaired individual or an individual who lacks proficiency in the English language is a party or witness in proceedings before the Commission.
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(M) Automated Processing Plan. To prepare an
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| electronic data processing and telecommunications plan jointly with the Department in accordance with Section 7-112.
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The provisions of Public Act 89-370 amending subsection (G)
of this Section apply to causes of action filed on or after January 1, 1996.
(Source: P.A. 103-326, eff. 1-1-24 .)
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(775 ILCS 5/8-104) (from Ch. 68, par. 8-104)
Sec. 8-104.
Compulsory Process.
(A) Subpoenas. Any member of the
Commission may issue a subpoena:
(1) At the request of the Department to facilitate |
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(2) At the request of a party to a proceeding which
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| is the subject of a complaint pending before the Commission.
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(B) Form. The subpoena shall be on a form prescribed by the
Commission in its rules and regulations, and a copy of the subpoena shall be
served upon all parties of record by the party requesting the subpoena.
(C) Content. A subpoena may be issued when necessary to compel the
attendance of a witness or to require the production for examination of
any relevant books, records or documents whatsoever.
(D) Contests.
(1) On motion of the person to whom the subpoena is
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| directed or a party, and for good cause shown the Commission or the hearing officer presiding in the case may quash or modify any subpoena;
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(2) In the case of a subpoena duces tecum issued and
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| served at the request of the Department, the Commission or the hearing officer presiding in the case shall upon request order the Department to pay the reasonable expense of producing or providing any item specified in the subpoena.
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(E) Enforcement.
(1) When anyone fails or refuses to obey a subpoena,
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| the Commission, through a panel of 3 members, shall authorize Commission staff to prepare and file a petition for enforcement in the circuit court of the county in which the person to whom the subpoena was directed resides or has his or her principal place of business.
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(2) Not less than five days before the petition is
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| filed in the appropriate court, it shall be served on the person along with a notice of the time and place the petition is to be presented.
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(3) Following a hearing on the petition, the circuit
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| courts shall have jurisdiction to enforce subpoenas issued pursuant to this Section.
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(F) Witnesses.
(1) If any witness whose testimony is required for
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| hearing resides outside the state, or through illness or any other good cause as determined by the hearing officer is unable to testify at the hearing, his or her testimony or deposition may be taken, within or without the State, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
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(2) Witnesses subject to subpoena shall be paid the
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| same fees and mileage as are paid witnesses in the circuit courts of this state, and witnesses whose depositions are taken or the person taking them shall be entitled to the same fees as are paid for like services in the circuit courts of this State.
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(G) Service of Process.
(1) Except as otherwise provided in this Act,
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| complaints, orders and other process and proper papers shall be served in accordance with such rules and regulations as the Commission may from time to time prescribe. The verified return of the individual making service in accordance with this Section and setting forth the manner of such service shall constitute proof of service.
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(2) For the purposes of this Act, any documents
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| served upon any officer of a labor organization shall be sufficient to acquire jurisdiction against such labor organization, or labor union, or voluntary unincorporated union association, and all of its officers, members and representatives.
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(Source: P.A. 89-370, eff. 8-18-95.)
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(775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
Sec. 8-105. Settlement.
(A) Approval.
(1) When a proposed settlement is submitted by the |
| Department, the Commission, through a panel of 3 members, shall determine whether to approve its terms and conditions.
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(2) A settlement of any complaint and its underlying
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| charge or charges may be effectuated at any time upon agreement of the parties, with or without the Commission's approval, and shall act as a full and final resolution of the matter. If the parties desire that the Commission retain jurisdiction over the matter for purposes of enforcing the terms of the settlement, the terms shall be reduced to writing, signed by the parties, and submitted to the Commission for approval. The Commission, through a panel of 3 members, shall determine whether to approve the settlement.
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(3) Approval of the settlement shall be accomplished
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| by an order, served on the parties and the Department, in accord with the written terms of the settlement.
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(B) Violation. When the Department files notice of a settlement order
violation, the Commission, through a panel of three members, may either
order the Department to seek enforcement of the settlement order pursuant
to paragraph (C) of Section 8-111 or remand for any type of hearing as it
may deem necessary pursuant to paragraph (D) of Section 8A-103.
(C) Dismissal for Refusal to Accept Settlement Offer. The Commission
shall dismiss a complaint and the underlying charge or charges of
the
complaint if the Commission is satisfied that:
1. the respondent has eliminated the effects of the
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| civil rights violation charged and taken steps to prevent repetition of the violation; or
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2. the respondent offers and the complainant declines
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| to accept the terms of settlement that the Commission determines are sufficient to eliminate the effect of the civil rights violation charged and to prevent repetition of the violation.
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In determining whether the respondent has eliminated the effects
of the civil rights violation charged, or has offered terms of settlement
sufficient to eliminate same, the Commission shall consider the extent to
which the respondent has either fully provided, or reasonably offered by
way of terms of settlement, as the case may be, the relevant relief
available to the complainant under Section 8A-104 of this Act.
At any time after the service of a complaint pursuant to Section 8A-102
of this Act, and prior to service of a decision prepared pursuant to
Section 8A-102(I), a respondent may move for a recommended
order dismissing
a complaint and the underlying charge or charges for complainant's refusal
to accept terms of settlement that are sufficient to eliminate the effects
of the civil rights violation charged in the complaint and to eliminate
repetition of the violation. Respondent's motion and complainant's reply, if
any, shall
comply with the requirements for summary decision set forth in Section
8-106.1 of this Act.
(D) This amendatory Act of 1996 applies to causes of action filed on or
after January 1, 1996.
(Source: P.A. 101-661, eff. 4-2-21.)
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