(775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
Sec. 8-103. Request for review.
(A) Jurisdiction. The Commission,
through a panel of 3 members, shall have jurisdiction to hear and
determine requests for review of (1) decisions of the Department to dismiss
a charge; and (2) notices of default issued by the Department.
In each instance, the Department shall be the respondent. The respondent on the charge, in the case of dismissal, or the complainant, in the case of default, may file a response to the request for review.
(B) Review. When a request for review is properly filed, the Commission
may consider the Department's report, any argument and supplemental evidence
timely submitted, and the results of any additional investigation conducted by
the
Department in response to the request. In its discretion, the Commission
may designate a hearing officer to conduct a hearing into the factual basis
of the matter at issue. Within 120 days after the effective date of this amendatory Act of the 100th General Assembly, the Commission shall adopt rules of minimum standards for the contents of responses to requests for review, including, but not limited to, proposed statements of uncontested facts and proposed statements of the legal issues.
(C) Default Order. When a respondent fails to file a timely request
for review of a notice of default, or the default is sustained on review,
the Commission shall enter a default order and notify the parties that the complainant has the right to either commence a civil action in the appropriate circuit court to determine the complainant's damages or request that the Commission set a hearing on damages before one of its hearing officers. The complainant shall have 90 days after receipt of the Commission's default order to either commence a civil action in the appropriate circuit court or request that the Commission set a hearing on damages.
(D) Time Period Toll. Proceedings on requests for review shall toll
the time limitation established in paragraph (G) of Section 7A-102 from
the date on which the Department's notice of dismissal or default is issued until 30 days after
the date
on which the Commission's order is served on the chief legal counsel of the Department.
(E) The changes made to this Section by Public Act 95-243 apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes. (F) The changes made to this Section by this amendatory Act of the 96th General Assembly apply to charges or complaints filed with the Department or Commission on or
after the effective date of those changes. (G) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to charges filed or pending with the Department or Commission on or
after the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 103-335, 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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