Illinois General Assembly

Previous General Assemblies

Public Act 095-0113


 

Public Act 0113 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0113
 
SB0110 Enrolled LRB095 06718 RAS 26831 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Universities Civil Service Act is
amended by changing Section 36o as follows:
 
    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)
    Sec. 36o. Demotion, removal, and discharge. After the
completion of his or her probationary period, no employee shall
be demoted, removed or discharged except for just cause, upon
written charges, and after an opportunity to be heard in his or
her own defense if he or she makes a written request for a
hearing to the Merit Board within 15 days after the serving of
the written charges upon him or her. Upon the filing of such a
request for a hearing, the Merit Board shall grant such hearing
to be held within 45 days from the date of the service of the
demotion, removal or discharge notice by a hearing board or
hearing officer appointed by the Merit Board. The members of
the hearing board or the hearing officer shall be selected from
among the members of a panel established by the Merit Board
after consultation with the Advisory Committee provided in
Section 36c. The hearing board or hearing officer shall make
and render findings of facts on the charges and transmit to the
Merit Board a transcript of the evidence along with the hearing
board's or hearing officer's its findings of fact. The findings
of the hearing board or hearing officer when approved by the
Merit Board shall be certified to the employer. If cause for
demotion, removal or discharge is found, the employee shall be
immediately separated from the service. If cause is not found,
the employee shall forthwith be reassigned to perform the
duties of a position in his or her classification without loss
of compensation. In the course of the hearing, the Director of
the Merit Board shall have power to administer oaths and to
secure by subpoena the attendance and testimony of witnesses
and the production of books and papers relevant to the inquiry.
    The provisions of the Administrative Review Law and all
amendments and modification thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the
Merit Board hereby created. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007