TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5300 PROCEDURAL RULES
SECTION 5300.1150 REHEARING BEFORE FULL COMMISSION


 

Section 5300.1150  Rehearing Before Full Commission

 

a)         Within 30 days after service of the Commission's Order and Decision, or a notice that review has been declined, issued in accordance with this Article, a Party may petition for rehearing before the entire Commission.

 

b)         Such petition shall be in writing and filed at the Commission's Chicago office, with service thereof at the same time on all other Parties. The petition shall clearly specify the reasons why rehearing should be granted.  The Commission, at its discretion, may order that a response to the petition be filed.

 

c)         The petition, and response if any, shall be reviewed by the entire Commission and shall be granted only by a vote of six Commissioners when it is clear that the petition raises legal issues of significant impact or that panels of the Commission have reached conflicting decisions.

 

d)         The Commission shall issue an Order on every petition, and shall serve a copy thereof on all Parties personally or by registered or certified mail.  Whenever a petition for rehearing is granted, the Order shall notify the Parties of the time and place of oral argument before the Commission and whether any additional written arguments will be considered.  Upon the granting of the petition for rehearing, the Commission's Order and Decision will be vacated.

 

e)         When rehearing has been granted by the Commission in a matter where the Department is not a Party, the Department may request leave to file an amicus brief upon a question of law presented by the petition for rehearing upon motion to the Commission, a copy of which shall be served on all Parties. Such a motion by the Department will be granted by the Commission if it is satisfied that the interests of justice would be served thereby.

 

f)         Whenever rehearing is granted by the Commission in accordance with this Section, the Commission shall issue an Order and Decision en banc in the same manner as provided in Section 5300.1140.

 

(Source:  Amended at 20 Ill. Reg. 7820, effective June 1, 1996)