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Public Act 92-0472
SB1175 Enrolled LRB9207908DJmg
AN ACT in relation to human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 8A-102 and 8B-102 as follows:
(775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
Sec. 8A-102. Hearing on Complaint.
(A) Services. Within five days after a complaint is
filed by the Department, or the aggrieved party, as the case
may be, the Commission shall cause it to be served on the
respondent together with a notice of hearing before a hearing
officer of the Commission at a place therein fixed.
(B) Time and Location of Hearing. An initial hearing
date shall be scheduled for not less than thirty nor more
than ninety days after service of the complaint at a place
that is within one hundred miles of the place at which the
civil rights violation is alleged to have occurred. The
hearing officer may, for good cause shown, extend the date of
the hearing.
(C) Amendment.
(1) A complaint may be amended under oath by leave
of the presiding hearing officer, for good cause shown,
upon timely written motion and reasonable notice to all
interested parties at any time prior to the issuance of a
recommended order pursuant to Section 8A-102(I) or
8B-102(J). The amended complaint shall be served upon
all parties of record and the Department of Human Rights
by the complainant, or by the Department if it prepared
and filed the amended complaint, within 7 days of the
date of the order permitting its filing or such
additional time as the hearing officer may order.
Amendments to the complaint may encompass any unlawful
discrimination which is like or reasonably related to the
charge and growing out of the allegations in such charge,
including, but not limited to, allegations of
retaliation.
(2) A motion that the complaint be amended to
conform to the evidence, made prior to the close of the
public hearing, may be addressed orally on the record to
the hearing officer, and shall be granted for good and
sufficient cause.
(D) Answer.
(1) The respondent shall file an answer under oath
or affirmation to the original or amended complaint
within 30 days of the date of service thereof, but the
hearing officer may, for good cause shown, grant further
time for the filing of an answer.
(2) When the respondent files a motion to dismiss
the complaint within 30 days and the motion is denied by
the hearing officer, the time for filing the answer shall
be within 15 days of the date of denial of the motion.
(3) Any allegation in the complaint which is not
denied or admitted in the answer is deemed admitted
unless the respondent states in the answer that he is
without sufficient knowledge or information to form a
belief with respect to such allegation.
(4) The failure to file an answer is deemed to
constitute an admission of the allegations contained in
the complaint.
(5) The respondent has the right to amend his
answer, upon leave of the hearing officer, for good cause
shown.
(E) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
complainant or respondent is a poor person, and unable to
prosecute or defend the complaint and pay the costs and
expenses thereof, the hearing officer may permit the
party to commence and prosecute or defend the action as a
poor person. Such party shall have all the necessary
subpoenas, appearances, and proceedings without
prepayment of witness fees or charges. Witnesses shall
attend as in other cases under this Act and the same
remedies shall be available for failure or refusal to
obey the subpoena as are provided for in Section 8-104 of
this Act.
(2) A person desiring to proceed without payment of
fees or charges shall file with the hearing officer an
affidavit stating that he is a poor person and unable to
pay costs, and that the action is meritorious.
(F) Discovery. The procedure for obtaining discovery of
information from parties and witnesses shall be specified by
the Commission in rules. If no rule has been promulgated by
the Commission on a particular type of discovery, the Code of
Civil Procedure may be considered persuasive authority. The
types of discovery shall be the same as in civil cases in the
circuit courts of this State, provided, however, that a party
may take discovery depositions only upon leave of the hearing
officer and for good cause shown.
(G) Hearing.
(1) Both the complainant and the respondent may
appear at the hearing and examine and cross-examine
witnesses.
(2) The testimony taken at the hearing shall be
under oath or affirmation and a transcript shall be made
and filed in the office of the Commission.
(3) The testimony taken at the hearing is subject
to the same rules of evidence that apply in courts of
this State in civil cases.
(H) Compelling Appearance of Parties at Hearing. The
appearance at the hearing of a party or a person who at the
time of the hearing is an officer, director, or employee of a
party may be required by serving the party with a notice
designating the person who is required to appear. The notice
also may require the production at the hearing of documents
or tangible things. If the party or person is a nonresident
of the county, the hearing officer may order any terms and
conditions in connection with his appearance at the hearing
that are just, including payment of his reasonable expenses.
Upon a failure to comply with the notice, the hearing officer
may enter any order that is just.
(I) Decision.
(1) When all the testimony has been taken, the
hearing officer shall determine whether the respondent
has engaged in or is engaging in the civil rights
violation with respect to the person aggrieved as charged
in the complaint. A determination sustaining a complaint
shall be based upon a preponderance of the evidence.
(2) The hearing officer shall make findings of fact
in writing and, if the finding is against the respondent,
shall issue and cause to be served on the parties and the
Department a recommended order for appropriate relief as
provided by this Act.
(3) If, upon all the evidence, the hearing officer
finds that a respondent has not engaged in the
discriminatory practice charged in the complaint or that
a preponderance of the evidence does not sustain the
complaint, he shall state his findings of fact and shall
issue and cause to be served on the parties and the
Department a recommended order dismissing the complaint.
(4) The findings and recommended order of the
hearing officer shall be filed with the Commission. The
findings and recommended order may need not be authored
by a hearing officer other than the hearing officer who
presides at the public hearing if:
(a) the hearing officer who presides at the
public hearing is unable to author the findings and
recommended order by reason of death, disability, or
separation from employment; and
(b) (a) all parties to a complaint file a
joint motion agreeing agree to have the findings and
recommended order decision written by a hearing
officer who did not preside at the public hearing.;
(b) the presiding hearing officer transmits
his or her impression of witness credibility to the
hearing officer who authors the findings and
recommended order; and
(c) there are no questions of witness
credibility presented by the record as found by the
presiding officer.
(5) A recommended order dismissing a complaint may
include an award of reasonable attorneys fees in favor of
the respondent against the complainant or the
complainant's attorney, or both, if the hearing officer
concludes that the complaint was frivolous, unreasonable
or groundless or that the complainant continued to
litigate after it became clearly so.
(6) The hearing officer may issue a recommended
order of dismissal with prejudice or a recommended order
of default as a sanction for the failure of a party to
prosecute his or her case, file a required pleading,
appear at a hearing, or otherwise comply with this Act,
the rules of the Commission, or a previous order of the
hearing officer.
(Source: P.A. 89-370, eff. 8-18-95.)
(775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
Sec. 8B-102. Hearing on complaint.
(A) Election of Judicial Determination. When a
complaint is filed under Section 7B-102(F) a complainant, a
respondent, or an aggrieved party on whose behalf the
complaint was filed, may elect to have the claims asserted in
that complaint decided in a civil action in a circuit court
of Illinois, in which case the Illinois Code of Civil
Procedure shall apply. The election must be made not later
than 20 days after the receipt by the electing person of
service of the complaint by the Commission. The person
making such election shall file it with the Commission and
shall give notice of doing so to the Department and to all
other complainants and respondents to whom the charge
relates. If an election is made, the Commission shall act no
further on the complaint and shall administratively close the
file on the complaint. If an election is not made, the
Commission shall continue proceedings on the complaint in
accordance with this Act and the hearing shall be before a
hearing officer.
(B) Services. Within 5 days after a complaint is filed
by the Department, the Commission shall cause it to be served
on the respondent and complainant together with a notice of
hearing before a hearing officer of the Commission at a place
therein fixed and with information as to how to make an
election under subsection (A) and the effect of such an
election.
(C) Time and Location of Hearing. An initial hearing
date shall be scheduled for not less than 30 nor more than 90
days after service of the complaint at a place that is within
100 miles of the place at which the civil rights violation is
alleged to have occurred. The hearing officer may, for good
cause shown, extend the date of the hearing.
(D) Amendment.
(1) A complaint may be amended under oath by leave
of the presiding hearing officer, for good cause shown,
upon timely written motion and reasonable notice to all
interested parties at any time prior to the issuance of a
recommended order pursuant to Section 8A-102(I) or
8B-102(J). The amended complaint shall be served upon
all parties of record by the Department within 7 days of
the date of the order permitting its filing or such
additional time as the hearing officer may order.
Amendments to the complaint may encompass any unlawful
discrimination which is like or reasonably related to the
charge and growing out of the allegations in such charge,
including, but not limited to, allegations of
retaliation.
(2) A motion that the complaint be amended to
conform to the evidence, made prior to the close of the
public hearing, may be addressed orally on the record to
the hearing officer, and shall be granted for good and
sufficient cause.
(E) Answer.
(1) The respondent shall file an answer under oath
or affirmation to the original or amended complaint
within 30 days of the date of service thereof, but the
hearing officer may, for good cause shown, grant further
time for the filing of an answer.
(2) When the respondent files a motion to dismiss
the complaint within 30 days and the motion is denied by
the hearing officer, the time for filing the answer shall
be within 15 days of the date of denial of the motion.
(3) Any allegation in the complaint which is not
denied or admitted in the answer is deemed admitted
unless the respondent states in the answer that he is
without sufficient knowledge or information to form a
belief with respect to such allegation.
(4) The failure to file an answer is deemed to
constitute an admission of the allegations contained in
the complaint.
(5) The respondent has the right to amend his
answer, upon leave of the hearing officer, for good cause
shown.
(F) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
complainant or respondent is a poor person, and unable to
prosecute or defend the complaint and pay the costs and
expenses thereof, the hearing officer may permit the
party to commence and prosecute or defend the action as a
poor person. Such party shall have all the necessary
subpoenas, appearances, and proceedings without
prepayment of witness fees or charges. Witnesses shall
attend as in other cases under this Act and the same
remedies shall be available for failure or refusal to
obey the subpoena as are provided for in Section 8-104 of
this Act.
(2) A person desiring to proceed without payment of
fees or charges shall file with the hearing officer an
affidavit stating that he is a poor person and unable to
pay costs, and that the action is meritorious.
(G) Discovery. The procedures for obtaining discovery
of information from parties and witnesses shall be specified
by the Commission in rules. If no rule has been promulgated
by the Commission on a particular type of discovery, the Code
of Civil Procedure may be considered persuasive authority.
The types of discovery shall be the same as in civil cases in
the circuit courts of this State, provided, however, that a
party may take discovery depositions only upon leave of the
hearing officer and for good cause shown.
(H) Hearing.
(1) The Department and the respondent shall be
parties in hearings under this Article. The Department
shall seek appropriate relief for the complainant and
vindication of the public interest. Any complainant may
intervene as a party. All parties have the right to
examine and cross examine witnesses.
(2) The testimony taken at the hearing shall be
under oath or affirmation and a transcript shall be made
and filed in the office of the Commission.
(3) The testimony taken at the hearing is subject
to the same rules of evidence that apply in courts of
this State in civil cases.
(I) Compelling Appearance of Parties at Hearing. The
appearance at the hearing of a party or a person who at the
time of the hearing is an officer, director, or employee of a
party may be required by serving the party with a notice
designating the person who is required to appear. The notice
also may require the production at the hearing of documents
or tangible things. If the party or person is a nonresident
of the county, the hearing officer may order any terms and
conditions in connection with his appearance at the hearing
that are just, including payment of his reasonable expenses.
Upon a failure to comply with the notice, the hearing officer
may enter any order that is just.
(J) Decision.
(1) When all the testimony has been taken, the
hearing officer shall determine whether the respondent
has engaged in or is engaging in the civil rights
violation with respect to the aggrieved party as charged
in the complaint. A determination sustaining a complaint
shall be based upon a preponderance of the evidence.
(2) The hearing officer shall make findings of fact
in writing and, if the finding is against the respondent,
shall issue and cause to be served on the parties and the
Department a recommended order for appropriate relief as
provided by this Act.
(3) If, upon all the evidence, the hearing officer
finds that a respondent has not engaged in the civil
rights violation charged in the complaint or that a
preponderance of the evidence does not sustain the
complaint, he shall state his findings of fact and shall
issue and cause to be served on the parties and the
Department a recommended order dismissing the complaint.
(4) The findings and recommended order of the
hearing officer shall be filed with the Commission. The
findings and recommended order may need not be authored
by a hearing officer other than the hearing officer who
presides at the public hearing if:
(a) the hearing officer who presides at the
public hearing is unable to author the findings and
recommended order by reason of death, disability, or
separation from employment; and
(b) (a) all parties to a complaint file a
joint motion agreeing agree to have the findings and
recommended order decision written by a hearing
officer who did not preside at the public hearing.;
(b) the presiding hearing officer transmits
his or her impression of witness credibility to the
hearing officer who authors the findings and
recommended order; and
(c) there are no questions of witness
credibility presented by the record as found by the
presiding officer.
(5) The hearing officer may issue a recommended
order of dismissal with prejudice or a recommended order
of default as a sanction for the failure of a party to
prosecute his or her case, file a required pleading,
appear at a hearing, or otherwise comply with this Act,
the rules of the Commission, or a previous order of the
hearing officer.
(K) Effect of Trial of Civil Action on Administrative
Proceedings. A hearing officer shall not proceed with any
administrative proceedings under this Section after the
filing of a civil action by or on behalf of the aggrieved
party under federal or State law seeking relief with respect
to the alleged civil rights violation.
(Source: P.A. 89-370, eff. 8-18-95.)
Passed in the General Assembly May 30, 2001.
Approved August 22, 2001.
Effective January 01, 2002.
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