SB0020sam002 100TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 5/23/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 20

2    AMENDMENT NO. ______. Amend Senate Bill 20 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 7-109.1, 7A-102, 7B-102, 8-101, 8-102,
68-103, 8-110, 8A-103, and 8B-103 as follows:
 
7    (775 ILCS 5/7-109.1)  (from Ch. 68, par. 7-109.1)
8    Sec. 7-109.1. Administrative dismissal of charges Federal
9or State Court Proceedings. For charges filed under this Act,
10if the charging party has initiated litigation for the purpose
11of seeking final relief in a State or federal court or before
12an administrative law judge or hearing officer in an
13administrative proceeding before a local government
14administrative agency, and if a final decision on the merits in
15that litigation or administrative hearing would preclude the
16charging party from bringing another action based on the

 

 

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1pending charge, the Department shall cease its investigation
2and dismiss the pending charge by order of the Director, who
3shall provide the charging party notice of his or her right to
4commence a civil action in the appropriate circuit court or
5other appropriate court of competent jurisdiction. The
6Director shall also provide the charging party notice of his or
7her right to seek review of the dismissal order before the
8Commission. Any review by the Commission of the dismissal shall
9be limited to the question of whether the charge was properly
10dismissed pursuant to this Section. Nothing in this Section
11shall preclude the Department from continuing to investigate an
12allegation in a charge that is unique to this Act or otherwise
13could not have been included in the litigation or
14administrative proceeding. The Department may administratively
15close a charge pending before the Department if the issues
16which are the basis of the charge are being litigated in a
17State or federal court proceeding.
18(Source: P.A. 86-1343.)
 
19    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
20    Sec. 7A-102. Procedures.
21    (A) Charge.
22        (1) Within 300 calendar 180 days after the date that a
23    civil rights violation allegedly has been committed, a
24    charge in writing under oath or affirmation may be filed
25    with the Department by an aggrieved party or issued by the

 

 

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1    Department itself under the signature of the Director.
2        (2) The charge shall be in such detail as to
3    substantially apprise any party properly concerned as to
4    the time, place, and facts surrounding the alleged civil
5    rights violation.
6        (3) Charges deemed filed with the Department pursuant
7    to subsection (A-1) of this Section shall be deemed to be
8    in compliance with this subsection.
9    (A-1) Equal Employment Opportunity Commission Charges.
10        (1) If a charge is filed with the Equal Employment
11    Opportunity Commission (EEOC) within 300 calendar 180 days
12    after the date of the alleged civil rights violation, the
13    charge shall be deemed filed with the Department on the
14    date filed with the EEOC. If the EEOC is the governmental
15    agency designated to investigate the charge first, the
16    Department shall take no action until the EEOC makes a
17    determination on the charge and after the complainant
18    notifies the Department of the EEOC's determination. In
19    such cases, after receiving notice from the EEOC that a
20    charge was filed, the Department shall notify the parties
21    that (i) a charge has been received by the EEOC and has
22    been sent to the Department for dual filing purposes; (ii)
23    the EEOC is the governmental agency responsible for
24    investigating the charge and that the investigation shall
25    be conducted pursuant to the rules and procedures adopted
26    by the EEOC; (iii) it will take no action on the charge

 

 

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1    until the EEOC issues its determination; (iv) the
2    complainant must submit a copy of the EEOC's determination
3    within 30 days after service of the determination by the
4    EEOC on complainant; and (v) that the time period to
5    investigate the charge contained in subsection (G) of this
6    Section is tolled from the date on which the charge is
7    filed with the EEOC until the EEOC issues its
8    determination.
9        (2) If the EEOC finds reasonable cause to believe that
10    there has been a violation of federal law and if the
11    Department is timely notified of the EEOC's findings by
12    complainant, the Department shall notify complainant that
13    the Department has adopted the EEOC's determination of
14    reasonable cause and that complainant has the right, within
15    90 days after receipt of the Department's notice, to either
16    file his or her own complaint with the Illinois Human
17    Rights Commission or commence a civil action in the
18    appropriate circuit court or other appropriate court of
19    competent jurisdiction. This notice shall be provided to
20    the complainant within 10 business days after the
21    Department's receipt of the EEOC's determination. The
22    Department's notice to complainant that the Department has
23    adopted the EEOC's determination of reasonable cause shall
24    constitute the Department's Report for purposes of
25    subparagraph (D) of this Section.
26        (3) For those charges alleging violations within the

 

 

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1    jurisdiction of both the EEOC and the Department and for
2    which the EEOC either (i) does not issue a determination,
3    but does issue the complainant a notice of a right to sue,
4    including when the right to sue is issued at the request of
5    the complainant, or (ii) determines that it is unable to
6    establish that illegal discrimination has occurred and
7    issues the complainant a right to sue notice, and if the
8    Department is timely notified of the EEOC's determination
9    by complainant, the Department shall notify the parties,
10    within 10 business days after receipt of the EEOC's
11    determination, that the Department will adopt the EEOC's
12    determination as a dismissal for lack of substantial
13    evidence unless the complainant requests in writing within
14    35 days after receipt of the Department's notice that the
15    Department review the EEOC's determination.
16            (a) If the complainant does not file a written
17        request with the Department to review the EEOC's
18        determination within 35 days after receipt of the
19        Department's notice, the Department shall notify
20        complainant, within 10 business days after the
21        expiration of the 35-day period, that the decision of
22        the EEOC has been adopted by the Department as a
23        dismissal for lack of substantial evidence and that the
24        complainant has the right, within 90 days after receipt
25        of the Department's notice, to commence a civil action
26        in the appropriate circuit court or other appropriate

 

 

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1        court of competent jurisdiction. The Department's
2        notice to complainant that the Department has adopted
3        the EEOC's determination shall constitute the
4        Department's report for purposes of subparagraph (D)
5        of this Section.
6            (b) If the complainant does file a written request
7        with the Department to review the EEOC's
8        determination, the Department shall review the EEOC's
9        determination and any evidence obtained by the EEOC
10        during its investigation. If, after reviewing the
11        EEOC's determination and any evidence obtained by the
12        EEOC, the Department determines there is no need for
13        further investigation of the charge, the Department
14        shall issue a report and the Director shall determine
15        whether there is substantial evidence that the alleged
16        civil rights violation has been committed pursuant to
17        subsection (D) of Section 7A-102. If, after reviewing
18        the EEOC's determination and any evidence obtained by
19        the EEOC, the Department determines there is a need for
20        further investigation of the charge, the Department
21        may conduct any further investigation it deems
22        necessary. After reviewing the EEOC's determination,
23        the evidence obtained by the EEOC, and any additional
24        investigation conducted by the Department, the
25        Department shall issue a report and the Director shall
26        determine whether there is substantial evidence that

 

 

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1        the alleged civil rights violation has been committed
2        pursuant to subsection (D) of Section 7A-102 of this
3        Act.
4        (4) Pursuant to this Section, if the EEOC dismisses the
5    charge or a portion of the charge of discrimination
6    because, under federal law, the EEOC lacks jurisdiction
7    over the charge, and if, under this Act, the Department has
8    jurisdiction over the charge of discrimination, the
9    Department shall investigate the charge or portion of the
10    charge dismissed by the EEOC for lack of jurisdiction
11    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
12    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
13    this Act.
14        (5) The time limit set out in subsection (G) of this
15    Section is tolled from the date on which the charge is
16    filed with the EEOC to the date on which the EEOC issues
17    its determination.
18        (6) The failure of the Department to meet the
19    10-business-day notification deadlines set out in
20    paragraph (2) of this subsection shall not impair the
21    rights of any party.
22    (B) Notice and Response to Charge. The Department shall,
23within 10 days of the date on which the charge was filed, serve
24a copy of the charge on the respondent and provide all parties
25with a notice of the complainant's right to opt out of the
26investigation within 60 days as set forth in subsection (C-1).

 

 

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1This period shall not be construed to be jurisdictional. The
2charging party and the respondent may each file a position
3statement and other materials with the Department regarding the
4charge of alleged discrimination within 60 days of receipt of
5the notice of the charge. The position statements and other
6materials filed shall remain confidential unless otherwise
7agreed to by the party providing the information and shall not
8be served on or made available to the other party during
9pendency of a charge with the Department. The Department may
10require the respondent to file a response to the allegations
11contained in the charge. Upon the Department's request, the
12respondent shall file a response to the charge within 60 days
13and shall serve a copy of its response on the complainant or
14his or her representative. Notwithstanding any request from the
15Department, the respondent may elect to file a response to the
16charge within 60 days of receipt of notice of the charge,
17provided the respondent serves a copy of its response on the
18complainant or his or her representative. All allegations
19contained in the charge not denied by the respondent within 60
20days of the Department's request for a response may be deemed
21admitted, unless the respondent states that it is without
22sufficient information to form a belief with respect to such
23allegation. The Department may issue a notice of default
24directed to any respondent who fails to file a response to a
25charge within 60 days of receipt of the Department's request,
26unless the respondent can demonstrate good cause as to why such

 

 

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1notice should not issue. The term "good cause" shall be defined
2by rule promulgated by the Department. Within 30 days of
3receipt of the respondent's response, the complainant may file
4a reply to said response and shall serve a copy of said reply
5on the respondent or his or her representative. A party shall
6have the right to supplement his or her response or reply at
7any time that the investigation of the charge is pending. The
8Department shall, within 10 days of the date on which the
9charge was filed, and again no later than 335 days thereafter,
10send by certified or registered mail written notice to the
11complainant and to the respondent informing the complainant of
12the complainant's rights right to either file a complaint with
13the Human Rights Commission or commence a civil action in the
14appropriate circuit court under subparagraph (2) of paragraph
15(G) and under subsection (C-1), including in such notice the
16dates within which the complainant may exercise these rights
17this right. In the notice the Department shall notify the
18complainant that the charge of civil rights violation will be
19dismissed with prejudice and with no right to further proceed
20if a written complaint is not timely filed with the Commission
21or with the appropriate circuit court by the complainant
22pursuant to subparagraph (2) of paragraph (G) or subsection
23(C-1) or by the Department pursuant to subparagraph (1) of
24paragraph (G).
25    (B-1) Mediation. The complainant and respondent may agree
26to voluntarily submit the charge to mediation without waiving

 

 

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1any rights that are otherwise available to either party
2pursuant to this Act and without incurring any obligation to
3accept the result of the mediation process. Nothing occurring
4in mediation shall be disclosed by the Department or admissible
5in evidence in any subsequent proceeding unless the complainant
6and the respondent agree in writing that such disclosure be
7made.
8    (C) Investigation.
9        (1) If the complainant does not elect to opt out of an
10    investigation pursuant to subsection (C-1), the The
11    Department shall conduct an investigation sufficient to
12    determine whether the allegations set forth in the charge
13    are supported by substantial evidence.
14        (2) The Director or his or her designated
15    representatives shall have authority to request any member
16    of the Commission to issue subpoenas to compel the
17    attendance of a witness or the production for examination
18    of any books, records or documents whatsoever.
19        (3) If any witness whose testimony is required for any
20    investigation resides outside the State, or through
21    illness or any other good cause as determined by the
22    Director is unable to be interviewed by the investigator or
23    appear at a fact finding conference, his or her testimony
24    or deposition may be taken, within or without the State, in
25    the same manner as is provided for in the taking of
26    depositions in civil cases in circuit courts.

 

 

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1        (4) Upon reasonable notice to the complainant and the
2    respondent, the Department shall conduct a fact finding
3    conference, unless prior to 365 days after the date on
4    which the charge was filed the Director has determined
5    whether there is substantial evidence that the alleged
6    civil rights violation has been committed, the charge has
7    been dismissed for lack of jurisdiction, or the parties
8    voluntarily and in writing agree to waive the fact finding
9    conference. Any party's failure to attend the conference
10    without good cause shall result in dismissal or default.
11    The term "good cause" shall be defined by rule promulgated
12    by the Department. A notice of dismissal or default shall
13    be issued by the Director. The notice of default issued by
14    the Director shall notify the respondent that a request for
15    review may be filed in writing with the Commission within
16    30 days of receipt of notice of default. The notice of
17    dismissal issued by the Director shall give the complainant
18    notice of his or her right to seek review of the dismissal
19    before the Human Rights Commission or commence a civil
20    action in the appropriate circuit court. If the complainant
21    chooses to have the Human Rights Commission review the
22    dismissal order, he or she shall file a request for review
23    with the Commission within 90 days after receipt of the
24    Director's notice. If the complainant chooses to file a
25    request for review with the Commission, he or she may not
26    later commence a civil action in a circuit court. If the

 

 

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1    complainant chooses to commence a civil action in a circuit
2    court, he or she must do so within 90 days after receipt of
3    the Director's notice.
4    (C-1) Opt out of Department's investigation. At any time
5within 60 days after receipt of notice of the right to opt out,
6a complainant may submit a written request seeking notice from
7the Director indicating that the complainant has opted out of
8the investigation and may commence a civil action in the
9appropriate circuit court. The Department shall respond to a
10complainant's opt-out request within 10 business days by
11issuing the complainant a notice of the right to commence an
12action in circuit court. The Department shall also notify the
13respondent that the complainant has elected to opt out of the
14administrative process within 10 business days of receipt of
15the complainant's request. If the complainant chooses to
16commence an action in a circuit court under this subsection, he
17or she must do so within 90 days after receipt of the
18Director's notice of the right to commence an action in circuit
19court. The complainant shall notify the Department and the
20respondent that a complaint has been filed with the appropriate
21circuit court and shall mail a copy of the complaint to the
22Department and the respondent on the same date that the
23complaint is filed with the appropriate circuit court. Upon
24receipt of notice that the complainant has filed an action with
25the appropriate circuit court, the Department shall
26immediately cease its investigation and dismiss the charge of

 

 

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1civil rights violation. Once a complainant has commenced an
2action in circuit court under this subsection, he or she may
3not file or refile a substantially similar charge with the
4Department arising from the same incident of unlawful
5discrimination or harassment.
6    (D) Report.
7        (1) Each charge investigated under subsection (C)
8    shall be the subject of a report to the Director. The
9    report shall be a confidential document subject to review
10    by the Director, authorized Department employees, the
11    parties, and, where indicated by this Act, members of the
12    Commission or their designated hearing officers.
13        (2) Upon review of the report, the Director shall
14    determine whether there is substantial evidence that the
15    alleged civil rights violation has been committed. The
16    determination of substantial evidence is limited to
17    determining the need for further consideration of the
18    charge pursuant to this Act and includes, but is not
19    limited to, findings of fact and conclusions, as well as
20    the reasons for the determinations on all material issues.
21    Substantial evidence is evidence which a reasonable mind
22    accepts as sufficient to support a particular conclusion
23    and which consists of more than a mere scintilla but may be
24    somewhat less than a preponderance.
25        (3) If the Director determines that there is no
26    substantial evidence, the charge shall be dismissed by

 

 

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1    order of the Director and the Director shall give the
2    complainant notice of his or her right to seek review of
3    the dismissal order before the Commission or commence a
4    civil action in the appropriate circuit court. If the
5    complainant chooses to have the Human Rights Commission
6    review the dismissal order, he or she shall file a request
7    for review with the Commission within 90 days after receipt
8    of the Director's notice. If the complainant chooses to
9    file a request for review with the Commission, he or she
10    may not later commence a civil action in a circuit court.
11    If the complainant chooses to commence a civil action in a
12    circuit court, he or she must do so within 90 days after
13    receipt of the Director's notice.
14        (4) If the Director determines that there is
15    substantial evidence, he or she shall notify the
16    complainant and respondent of that determination. The
17    Director shall also notify the parties that the complainant
18    has the right to either commence a civil action in the
19    appropriate circuit court or request that the Department of
20    Human Rights file a complaint with the Human Rights
21    Commission on his or her behalf. Any such complaint shall
22    be filed within 90 days after receipt of the Director's
23    notice. If the complainant chooses to have the Department
24    file a complaint with the Human Rights Commission on his or
25    her behalf, the complainant must, within 30 days after
26    receipt of the Director's notice, request in writing that

 

 

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1    the Department file the complaint. If the complainant
2    timely requests that the Department file the complaint, the
3    Department shall file the complaint on his or her behalf.
4    If the complainant fails to timely request that the
5    Department file the complaint, the complainant may file his
6    or her complaint with the Commission or commence a civil
7    action in the appropriate circuit court. If the complainant
8    files a complaint with the Human Rights Commission, the
9    complainant shall give notice to the Department of the
10    filing of the complaint with the Human Rights Commission.
11    (E) Conciliation.
12         (1) When there is a finding of substantial evidence,
13    the Department may designate a Department employee who is
14    an attorney licensed to practice in Illinois to endeavor to
15    eliminate the effect of the alleged civil rights violation
16    and to prevent its repetition by means of conference and
17    conciliation.
18        (2) When the Department determines that a formal
19    conciliation conference is necessary, the complainant and
20    respondent shall be notified of the time and place of the
21    conference by registered or certified mail at least 10 days
22    prior thereto and either or both parties shall appear at
23    the conference in person or by attorney.
24        (3) The place fixed for the conference shall be within
25    35 miles of the place where the civil rights violation is
26    alleged to have been committed.

 

 

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1        (4) Nothing occurring at the conference shall be
2    disclosed by the Department unless the complainant and
3    respondent agree in writing that such disclosure be made.
4        (5) The Department's efforts to conciliate the matter
5    shall not stay or extend the time for filing the complaint
6    with the Commission or the circuit court.
7    (F) Complaint.
8        (1) When the complainant requests that the Department
9    file a complaint with the Commission on his or her behalf,
10    the Department shall prepare a written complaint, under
11    oath or affirmation, stating the nature of the civil rights
12    violation substantially as alleged in the charge
13    previously filed and the relief sought on behalf of the
14    aggrieved party. The Department shall file the complaint
15    with the Commission.
16        (2) If the complainant chooses to commence a civil
17    action in a circuit court, he or she must do so in the
18    circuit court in the county wherein the civil rights
19    violation was allegedly committed. The form of the
20    complaint in any such civil action shall be in accordance
21    with the Illinois Code of Civil Procedure.
22    (G) Time Limit.
23        (1) When a charge of a civil rights violation has been
24    properly filed, the Department, within 365 days thereof or
25    within any extension of that period agreed to in writing by
26    all parties, shall issue its report as required by

 

 

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1    subparagraph (D). Any such report shall be duly served upon
2    both the complainant and the respondent.
3        (2) If the Department has not issued its report within
4    365 days after the charge is filed, or any such longer
5    period agreed to in writing by all the parties, the
6    complainant shall have 90 days to either file his or her
7    own complaint with the Human Rights Commission or commence
8    a civil action in the appropriate circuit court. If the
9    complainant files a complaint with the Commission, the form
10    of the complaint shall be in accordance with the provisions
11    of paragraph (F)(1). If the complainant commences a civil
12    action in a circuit court, the form of the complaint shall
13    be in accordance with the Illinois Code of Civil Procedure.
14    The aggrieved party shall notify the Department that a
15    complaint has been filed and shall serve a copy of the
16    complaint on the Department on the same date that the
17    complaint is filed with the Commission or in circuit court.
18    If the complainant files a complaint with the Commission,
19    he or she may not later commence a civil action in circuit
20    court.
21        (3) If an aggrieved party files a complaint with the
22    Human Rights Commission or commences a civil action in
23    circuit court pursuant to paragraph (2) of this subsection,
24    or if the time period for filing a complaint has expired,
25    the Department shall immediately cease its investigation
26    and dismiss the charge of civil rights violation. Any final

 

 

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1    order entered by the Commission under this Section is
2    appealable in accordance with paragraph (B)(1) of Section
3    8-111. Failure to immediately cease an investigation and
4    dismiss the charge of civil rights violation as provided in
5    this paragraph (3) constitutes grounds for entry of an
6    order by the circuit court permanently enjoining the
7    investigation. The Department may also be liable for any
8    costs and other damages incurred by the respondent as a
9    result of the action of the Department.
10        (4) (Blank) The Department shall stay any
11    administrative proceedings under this Section after the
12    filing of a civil action by or on behalf of the aggrieved
13    party under any federal or State law seeking relief with
14    respect to the alleged civil rights violation.
15    (H) This amendatory Act of 1995 applies to causes of action
16filed on or after January 1, 1996.
17    (I) This amendatory Act of 1996 applies to causes of action
18filed on or after January 1, 1996.
19    (J) The changes made to this Section by Public Act 95-243
20apply to charges filed on or after the effective date of those
21changes.
22    (K) The changes made to this Section by this amendatory Act
23of the 96th General Assembly apply to charges filed on or after
24the effective date of those changes.
25    (L) The changes made to this Section by this amendatory Act
26of the 100th General Assembly apply to charges filed on or

 

 

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1after the effective date of this amendatory Act of the 100th
2General Assembly.
3(Source: P.A. 100-492, eff. 9-8-17.)
 
4    (775 ILCS 5/7B-102)  (from Ch. 68, par. 7B-102)
5    Sec. 7B-102. Procedures.
6    (A) Charge.
7        (1) Within one year after the date that a civil rights
8    violation allegedly has been committed or terminated, a
9    charge in writing under oath or affirmation may be filed
10    with the Department by an aggrieved party or issued by the
11    Department itself under the signature of the Director.
12        (2) The charge shall be in such detail as to
13    substantially apprise any party properly concerned as to
14    the time, place, and facts surrounding the alleged civil
15    rights violation.
16    (B) Notice and Response to Charge.
17        (1) The Department shall serve notice upon the
18    aggrieved party acknowledging such charge and advising the
19    aggrieved party of the time limits and choice of forums
20    provided under this Act. The Department shall, within 10
21    days of the date on which the charge was filed or the
22    identification of an additional respondent under paragraph
23    (2) of this subsection, serve on the respondent a copy of
24    the charge along with a notice identifying the alleged
25    civil rights violation and advising the respondent of the

 

 

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1    procedural rights and obligations of respondents under
2    this Act and may require the respondent to file a response
3    to the allegations contained in the charge. Upon the
4    Department's request, the respondent shall file a response
5    to the charge within 30 days and shall serve a copy of its
6    response on the complainant or his or her representative.
7    Notwithstanding any request from the Department, the
8    respondent may elect to file a response to the charge
9    within 30 days of receipt of notice of the charge, provided
10    the respondent serves a copy of its response on the
11    complainant or his or her representative. All allegations
12    contained in the charge not denied by the respondent within
13    30 days after the Department's request for a response may
14    be deemed admitted, unless the respondent states that it is
15    without sufficient information to form a belief with
16    respect to such allegation. The Department may issue a
17    notice of default directed to any respondent who fails to
18    file a response to a charge within 30 days of the
19    Department's request, unless the respondent can
20    demonstrate good cause as to why such notice should not
21    issue. The term "good cause" shall be defined by rule
22    promulgated by the Department. Within 10 days of the date
23    he or she receives the respondent's response, the
24    complainant may file his or her reply to said response. If
25    he or she chooses to file a reply, the complainant shall
26    serve a copy of said reply on the respondent or his or her

 

 

10000SB0020sam002- 21 -LRB100 05173 HEP 40677 a

1    representative. A party may supplement his or her response
2    or reply at any time that the investigation of the charge
3    is pending.
4        (2) A person who is not named as a respondent in a
5    charge, but who is identified as a respondent in the course
6    of investigation, may be joined as an additional or
7    substitute respondent upon written notice, under
8    subsection (B), to such person, from the Department. Such
9    notice, in addition to meeting the requirements of
10    subsections (A) and (B), shall explain the basis for the
11    Department's belief that a person to whom the notice is
12    addressed is properly joined as a respondent.
13    (C) Investigation.
14        (1) The Department shall conduct a full investigation
15    of the allegations set forth in the charge and complete
16    such investigation within 100 days after the filing of the
17    charge, unless it is impracticable to do so. The
18    Department's failure to complete the investigation within
19    100 days after the proper filing of the charge does not
20    deprive the Department of jurisdiction over the charge.
21        (2) If the Department is unable to complete the
22    investigation within 100 days after the charge is filed,
23    the Department shall notify the complainant and respondent
24    in writing of the reasons for not doing so.
25        (3) The Director or his or her designated
26    representative shall have authority to request any member

 

 

10000SB0020sam002- 22 -LRB100 05173 HEP 40677 a

1    of the Commission to issue subpoenas to compel the
2    attendance of a witness or the production for examination
3    of any books, records or documents whatsoever.
4        (4) If any witness whose testimony is required for any
5    investigation resides outside the State, or through
6    illness or any other good cause as determined by the
7    Director is unable to be interviewed by the investigator or
8    appear at a fact finding conference, his or her testimony
9    or deposition may be taken, within or without the State, in
10    the same manner as provided for in the taking of
11    depositions in civil cases in circuit courts.
12        (5) Upon reasonable notice to the complainant and the
13    respondent, the Department shall conduct a fact finding
14    conference, unless prior to 100 days from the date on which
15    the charge was filed, the Director has determined whether
16    there is substantial evidence that the alleged civil rights
17    violation has been committed or the parties voluntarily and
18    in writing agree to waive the fact finding conference. A
19    party's failure to attend the conference without good cause
20    may result in dismissal or default. A notice of dismissal
21    or default shall be issued by the Director and shall notify
22    the relevant party that a request for review may be filed
23    in writing with the Commission within 30 days of receipt of
24    notice of dismissal or default.
25    (D) Report.
26        (1) Each investigated charge investigated under

 

 

10000SB0020sam002- 23 -LRB100 05173 HEP 40677 a

1    subsection (C) shall be the subject of a report to the
2    Director. The report shall be a confidential document
3    subject to review by the Director, authorized Department
4    employees, the parties, and, where indicated by this Act,
5    members of the Commission or their designated hearing
6    officers.
7            The report shall contain:
8            (a) the names and dates of contacts with witnesses;
9            (b) a summary and the date of correspondence and
10        other contacts with the aggrieved party and the
11        respondent;
12            (c) a summary description of other pertinent
13        records;
14            (d) a summary of witness statements; and
15            (e) answers to questionnaires.
16        A final report under this paragraph may be amended if
17    additional evidence is later discovered.
18        (2) Upon review of the report and within 100 days of
19    the filing of the charge, unless it is impracticable to do
20    so, the Director shall determine whether there is
21    substantial evidence that the alleged civil rights
22    violation has been committed or is about to be committed.
23    If the Director is unable to make the determination within
24    100 days after the filing of the charge, the Director shall
25    notify the complainant and respondent in writing of the
26    reasons for not doing so. The Director's failure to make

 

 

10000SB0020sam002- 24 -LRB100 05173 HEP 40677 a

1    the determination within 100 days after the proper filing
2    of the charge does not deprive the Department of
3    jurisdiction over the charge.
4            (a) If the Director determines that there is no
5        substantial evidence, the charge shall be dismissed
6        and the aggrieved party notified that he or she may
7        seek review of the dismissal order before the
8        Commission. The aggrieved party shall have 90 days from
9        receipt of notice to file a request for review by the
10        Commission. The Director shall make public disclosure
11        of each such dismissal.
12            (b) If the Director determines that there is
13        substantial evidence, he or she shall immediately
14        issue a complaint on behalf of the aggrieved party
15        pursuant to subsection (F).
16    (E) Conciliation.
17        (1) During the period beginning with the filing of
18    charge and ending with the filing of a complaint or a
19    dismissal by the Department, the Department shall, to the
20    extent feasible, engage in conciliation with respect to
21    such charge.
22        When the Department determines that a formal
23    conciliation conference is feasible, the aggrieved party
24    and respondent shall be notified of the time and place of
25    the conference by registered or certified mail at least 7
26    days prior thereto and either or both parties shall appear

 

 

10000SB0020sam002- 25 -LRB100 05173 HEP 40677 a

1    at the conference in person or by attorney.
2        (2) The place fixed for the conference shall be within
3    35 miles of the place where the civil rights violation is
4    alleged to have been committed.
5        (3) Nothing occurring at the conference shall be made
6    public or used as evidence in a subsequent proceeding for
7    the purpose of proving a violation under this Act unless
8    the complainant and respondent agree in writing that such
9    disclosure be made.
10        (4) A conciliation agreement arising out of such
11    conciliation shall be an agreement between the respondent
12    and the complainant, and shall be subject to approval by
13    the Department and Commission.
14        (5) A conciliation agreement may provide for binding
15    arbitration of the dispute arising from the charge. Any
16    such arbitration that results from a conciliation
17    agreement may award appropriate relief, including monetary
18    relief.
19        (6) Each conciliation agreement shall be made public
20    unless the complainant and respondent otherwise agree and
21    the Department determines that disclosure is not required
22    to further the purpose of this Act.
23    (F) Complaint.
24        (1) When there is a failure to settle or adjust any
25    charge through a conciliation conference and the charge is
26    not dismissed, the Department shall prepare a written

 

 

10000SB0020sam002- 26 -LRB100 05173 HEP 40677 a

1    complaint, under oath or affirmation, stating the nature of
2    the civil rights violation and the relief sought on behalf
3    of the aggrieved party. Such complaint shall be based on
4    the final investigation report and need not be limited to
5    the facts or grounds alleged in the charge filed under
6    subsection (A).
7        (2) The complaint shall be filed with the Commission.
8        (3) The Department may not issue a complaint under this
9    Section regarding an alleged civil rights violation after
10    the beginning of the trial of a civil action commenced by
11    the aggrieved party under any State or federal law, seeking
12    relief with respect to that alleged civil rights violation.
13    (G) Time Limit.
14        (1) When a charge of a civil rights violation has been
15    properly filed, the Department, within 100 days thereof,
16    unless it is impracticable to do so, shall either issue and
17    file a complaint in the manner and form set forth in this
18    Section or shall order that no complaint be issued. Any
19    such order shall be duly served upon both the aggrieved
20    party and the respondent. The Department's failure to
21    either issue and file a complaint or order that no
22    complaint be issued within 100 days after the proper filing
23    of the charge does not deprive the Department of
24    jurisdiction over the charge.
25        (2) The Director shall make available to the aggrieved
26    party and the respondent, at any time, upon request

 

 

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1    following completion of the Department's investigation,
2    information derived from an investigation and any final
3    investigative report relating to that investigation.
4    (H) This amendatory Act of 1995 applies to causes of action
5filed on or after January 1, 1996.
6    (I) The changes made to this Section by Public Act 95-243
7apply to charges filed on or after the effective date of those
8changes.
9    (J) The changes made to this Section by this amendatory Act
10of the 96th General Assembly apply to charges filed on or after
11the effective date of those changes.
12(Source: P.A. 100-492, eff. 9-8-17.)
 
13    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
14    Sec. 8-101. Illinois Human Rights Commission.
15    (A) Creation; appointments. The Human Rights Commission is
16created to consist of 7 13 members appointed by the Governor
17with the advice and consent of the Senate. No more than 4 7
18members shall be of the same political party. The Governor
19shall designate one member as chairperson. All appointments
20shall be in writing and filed with the Secretary of State as a
21public record.
22    (B) Terms. Of the members first appointed, 4 shall be
23appointed for a term to expire on the third Monday of January,
242021 1981, and 3 5 (including the Chairperson) shall be
25appointed for a term to expire on the third Monday of January,

 

 

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12023 1983.
2    Notwithstanding any provision of this Section to the
3contrary, the term of office of each member of the Illinois
4Human Rights Commission is abolished on January 19, 2019.
5Incumbent July 29, 1985, but the incumbent members holding a
6position on the Commission that was created by Public Act
784-115 and whose terms, if not for this amendatory Act of the
8100th General Assembly, would have expired January 18, 2021
9shall continue to exercise all of the powers and be subject to
10all of the duties of members of the Commission until June 30,
112019 or until their respective successors are appointed and
12qualified, whichever is earlier. Subject to the provisions of
13subsection (A), of the 9 members appointed under Public Act
1484-115, effective July 29, 1985, 5 members shall be appointed
15for terms to expire on the third Monday of January, 1987, and 4
16members shall be appointed for terms to expire on the third
17Monday of January, 1989; and of the 4 additional members
18appointed under Public Act 84-1084, effective December 2, 1985,
19two shall be appointed for a term to expire on the third Monday
20of January, 1987, and two members shall be appointed for a term
21to expire on the third Monday of January, 1989.
22    Thereafter, each member shall serve for a term of 4 years
23and until his or her successor is appointed and qualified;
24except that any member chosen to fill a vacancy occurring
25otherwise than by expiration of a term shall be appointed only
26for the unexpired term of the member whom he or she shall

 

 

10000SB0020sam002- 29 -LRB100 05173 HEP 40677 a

1succeed and until his or her successor is appointed and
2qualified.
3    (C) Vacancies.
4        (1) In the case of vacancies on the Commission during a
5    recess of the Senate, the Governor shall make a temporary
6    appointment until the next meeting of the Senate when he or
7    she shall appoint a person to fill the vacancy. Any person
8    so nominated and confirmed by the Senate shall hold office
9    for the remainder of the term and until his or her
10    successor is appointed and qualified.
11        (2) If the Senate is not in session at the time this
12    Act takes effect, the Governor shall make temporary
13    appointments to the Commission as in the case of vacancies.
14        (3) Vacancies in the Commission shall not impair the
15    right of the remaining members to exercise all the powers
16    of the Commission. Except when authorized by this Act to
17    proceed through a 3 member panel, a majority of the members
18    of the Commission then in office shall constitute a quorum.
19    (D) Compensation. On and after January 19, 2019, the The
20Chairperson of the Commission shall be compensated at the rate
21of $125,000 $22,500 per year, or as set by the Compensation
22Review Board, whichever is greater, during his or her service
23as Chairperson, and each other member shall be compensated at
24the rate of $119,000 $20,000 per year, or as set by the
25Compensation Review Board, whichever is greater. In addition,
26all members of the Commission shall be reimbursed for expenses

 

 

10000SB0020sam002- 30 -LRB100 05173 HEP 40677 a

1actually and necessarily incurred by them in the performance of
2their duties.
3    (E) Notwithstanding the general supervisory authority of
4the Chairperson, each commissioner, unless appointed to the
5special temporary panel created under subsection (H), has the
6authority to hire and supervise a staff attorney. The staff
7attorney shall report directly to the individual commissioner.
8    (F) A formal training program for newly appointed
9commissioners shall be implemented. The training program shall
10include the following:
11        (1) substantive and procedural aspects of the office of
12    commissioner;
13        (2) current issues in employment discrimination and
14    public accommodation law and practice;
15        (3) orientation to each operational unit of the Human
16    Rights Commission;
17        (4) observation of experienced hearing officers and
18    commissioners conducting hearings of cases, combined with
19    the opportunity to discuss evidence presented and rulings
20    made;
21        (5) the use of hypothetical cases requiring the newly
22    appointed commissioner to issue judgments as a means of
23    evaluating knowledge and writing ability;
24        (6) writing skills; and
25        (7) professional and ethical standards.
26    A formal and ongoing professional development program

 

 

10000SB0020sam002- 31 -LRB100 05173 HEP 40677 a

1including, but not limited to, the above-noted areas shall be
2implemented to keep commissioners informed of recent
3developments and issues and to assist them in maintaining and
4enhancing their professional competence. Each commissioner
5shall complete 20 hours of training in the above-noted areas
6during every 2 years the commissioner remains in office.
7    (G) Commissioners must meet one of the following
8qualifications:
9        (1) licensed to practice law in the State of Illinois;
10        (2) at least 3 years of experience as a hearing officer
11    at the Human Rights Commission; or
12        (3) at least 4 years of professional experience working
13    for or dealing with individuals or corporations affected by
14    this Act or similar laws in other jurisdictions, including,
15    but not limited to, experience with a civil rights advocacy
16    group, a fair housing group, a trade association, a union,
17    a law firm, a legal aid organization, an employer's human
18    resources department, an employment discrimination
19    consulting firm, or a municipal human relations agency.
20    The Governor's appointment message, filed with the
21Secretary of State and transmitted to the Senate, shall state
22specifically how the experience of a nominee for commissioner
23meets the requirement set forth in this subsection. The
24Chairperson must have public or private sector management and
25budget experience, as determined by the Governor.
26    Each commissioner shall devote full time to his or her

 

 

10000SB0020sam002- 32 -LRB100 05173 HEP 40677 a

1duties and any commissioner who is an attorney shall not engage
2in the practice of law, nor shall any commissioner hold any
3other office or position of profit under the United States or
4this State or any municipal corporation or political
5subdivision of this State, nor engage in any other business,
6employment, or vocation.
7    (H) Notwithstanding any other provision of this Act, the
8Governor shall appoint, by and with the consent of the Senate,
9a special temporary panel of commissioners comprised of 3
10members. The members shall hold office until the Commission, in
11consultation with the Governor, determines that the caseload of
12requests for review has been reduced sufficiently to allow
13cases to proceed in a timely manner, or for a term of 18 months
14from the date of appointment by the Governor, whichever is
15earlier. Each of the 3 members shall have only such rights and
16powers of a commissioner necessary to dispose of the cases
17assigned to the special panel. Each of the 3 members appointed
18to the special panel shall receive the same salary as other
19commissioners for the duration of the panel. The panel shall
20have the authority to hire and supervise a staff attorney who
21shall report to the panel of commissioners.
22(Source: P.A. 99-642, eff. 7-28-16.)
 
23    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)
24    Sec. 8-102. Powers and Duties. In addition to the other
25powers and duties prescribed in this Act, the Commission shall

 

 

10000SB0020sam002- 33 -LRB100 05173 HEP 40677 a

1have the following powers and duties:
2    (A) Meetings. To meet and function at any place within the
3State.
4    (B) Offices. To establish and maintain offices in
5Springfield and Chicago.
6    (C) Employees. To select and fix the compensation of such
7technical advisors and employees as it may deem necessary
8pursuant to the provisions of "The Personnel Code".
9    (D) Hearing Officers. To select and fix the compensation of
10hearing officers who shall be attorneys duly licensed to
11practice law in this State and full time employees of the
12Commission.
13    A formal and unbiased training program for hearing officers
14shall be implemented. The training program shall include the
15following:
16        (1) substantive and procedural aspects of the hearing
17    officer position;
18        (2) current issues in human rights law and practice;
19        (3) lectures by specialists in substantive areas
20    related to human rights matters;
21        (4) orientation to each operational unit of the
22    Department and Commission;
23        (5) observation of experienced hearing officers
24    conducting hearings of cases, combined with the
25    opportunity to discuss evidence presented and rulings
26    made;

 

 

10000SB0020sam002- 34 -LRB100 05173 HEP 40677 a

1        (6) the use of hypothetical cases requiring the hearing
2    officer to issue judgments as a means to evaluating
3    knowledge and writing ability;
4        (7) writing skills;
5        (8) computer skills, including but not limited to word
6    processing and document management.
7    A formal, unbiased and ongoing professional development
8program including, but not limited to, the above-noted areas
9shall be implemented to keep hearing officers informed of
10recent developments and issues and to assist them in
11maintaining and enhancing their professional competence.
12    (E) Rules and Regulations. To adopt, promulgate, amend, and
13rescind rules and regulations not inconsistent with the
14provisions of this Act pursuant to the Illinois Administrative
15Procedure Act.
16    (F) Compulsory Process. To issue and authorize requests for
17enforcement of subpoenas and other compulsory process
18established by this Act.
19    (G) Decisions. Through a panel of three members designated
20by the Chairperson on a random basis, to hear and decide by
21majority vote complaints filed in conformity with this Act and
22to approve proposed settlements. Decisions by commissioners
23must be based strictly on neutral interpretations of the law
24and the facts.
25    (H) Rehearings. To order, by a vote of 3 6 members,
26rehearing of its decisions by the entire Commission in

 

 

10000SB0020sam002- 35 -LRB100 05173 HEP 40677 a

1conformity with this Act.
2    (I) Judicial Enforcement. To authorize requests for
3judicial enforcement of its orders in conformity with this Act.
4    (J) Opinions. To publish each decision within 180 days of
5the decision its decisions in timely fashion to assure a
6consistent source of precedent. Published decisions shall be
7subject to the Personal Information Protection Act.
8    (K) Public Grants; Private Gifts. To accept public grants
9and private gifts as may be authorized.
10    (L) Interpreters. To appoint at the expense of the
11Commission a qualified sign language interpreter whenever a
12hearing impaired person is a party or witness at a public
13hearing.
14    (M) Automated Processing Plan. To prepare an electronic
15data processing and telecommunications plan jointly with the
16Department in accordance with Section 7-112.
17    (N) The provisions of this amendatory Act of 1995 amending
18subsection (G) of this Section apply to causes of action filed
19on or after January 1, 1996.
20(Source: P.A. 91-357, eff. 7-29-99.)
 
21    (775 ILCS 5/8-103)  (from Ch. 68, par. 8-103)
22    Sec. 8-103. Request for Review.
23    (A) Jurisdiction. The Commission, through a panel of three
24members, shall have jurisdiction to hear and determine requests
25for review of (1) decisions of the Department to dismiss a

 

 

10000SB0020sam002- 36 -LRB100 05173 HEP 40677 a

1charge; and (2) notices of default issued by the Department.
2    In each instance, the Department shall be the respondent.
3The respondent on the charge, in the case of dismissal, or the
4complainant, in the case of default, may file a response to the
5request for review.
6    (B) Review. When a request for review is properly filed,
7the Commission may consider the Department's report, any
8argument and supplemental evidence timely submitted, and the
9results of any additional investigation conducted by the
10Department in response to the request. In its discretion, the
11Commission may designate a hearing officer to conduct a hearing
12into the factual basis of the matter at issue. Within 120 days
13after the effective date of this amendatory Act of the 100th
14General Assembly, the Commission shall adopt rules of minimum
15standards for the contents of responses to requests for review,
16including, but not limited to, proposed statements of
17uncontested facts and proposed statements of the legal issues.
18    (C) Default Order. When a respondent fails to file a timely
19request for review of a notice of default, or the default is
20sustained on review, the Commission shall enter a default order
21and notify the parties that the complainant has the right to
22either commence a civil action in the appropriate circuit court
23to determine the complainant's damages or request that the
24Commission set a hearing on damages before one of its hearing
25officers. The complainant shall have 90 days after receipt of
26the Commission's default order to either commence a civil

 

 

10000SB0020sam002- 37 -LRB100 05173 HEP 40677 a

1action in the appropriate circuit court or request that the
2Commission set a hearing on damages.
3    (D) Time Period Toll. Proceedings on requests for review
4shall toll the time limitation established in paragraph (G) of
5Section 7A-102 from the date on which the Department's notice
6of dismissal or default is issued to the date on which the
7Commission's order is entered.
8    (E) The changes made to this Section by Public Act 95-243
9apply to charges or complaints filed with the Department or
10Commission on or after the effective date of those changes.
11    (F) The changes made to this Section by this amendatory Act
12of the 96th General Assembly apply to charges or complaints
13filed with the Department or Commission on or after the
14effective date of those changes.
15    (G) The changes made to this Section by this amendatory Act
16of the 100th General Assembly apply to charges filed or pending
17with the Department or Commission on or after the effective
18date of this amendatory Act of the 100th General Assembly.
19(Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
 
20    (775 ILCS 5/8-110)  (from Ch. 68, par. 8-110)
21    Sec. 8-110. Publication of Opinions. Decisions of the
22Commission or panels thereof, whether on requests for review or
23complaints, shall be made available on the Commission's website
24and to online legal research companies within 14 calendar days
25after publication by the Commission as required by subsection

 

 

10000SB0020sam002- 38 -LRB100 05173 HEP 40677 a

1(J) of Section 8-102. Published decisions shall be subject to
2the Personal Information Protection Act published within 120
3calendar days of the completion of service of the written
4decision on the parties to ensure a consistent source of
5precedent.
6    This amendatory Act of 1995 applies to causes of action
7filed on or after January 1, 1996.
8    The changes made to this Section by this amendatory Act of
9the 95th General Assembly apply to decisions of the Commission
10entered on or after the effective date of those changes.
11(Source: P.A. 95-243, eff. 1-1-08.)
 
12    (775 ILCS 5/8A-103)  (from Ch. 68, par. 8A-103)
13    Sec. 8A-103. Review by Commission.
14    (A) Exceptions. Within 30 days of the receipt of service of
15the hearing officer's recommended order, a party may file with
16the Commission any written exceptions to any part of the order.
17Exceptions shall be supported by argument and served on all
18parties at the time they are filed. If no exceptions are filed,
19the recommended order shall become the order of the Commission
20without further review. The Commission shall issue a notice
21that no exceptions have been filed no later than 30 days after
22the exceptions were due.
23    (B) Response. Within 21 days of the receipt of service of
24exceptions, a party may file with the Commission any response
25to the exceptions. Responses shall be supported by argument and

 

 

10000SB0020sam002- 39 -LRB100 05173 HEP 40677 a

1served on all parties at the time they are filed.
2    (C) Oral Argument. A party may request oral argument at the
3time of filing exceptions or a response to exceptions. When any
4party requests oral argument in this manner, the Commission may
5schedule oral argument to be heard by a panel of 3 Commission
6members. If the panel grants oral argument, it shall notify all
7parties of the time and place of argument. Any party so
8notified may present oral argument.
9    (D) Remand.
10        (1) The Commission, on its own motion or at the written
11    request of any party made at the time of filing exceptions
12    or responses, may remand a case to a hearing officer for
13    purposes of a rehearing to reconsider evidence or hear
14    additional evidence in the matter. The Commission shall
15    issue and serve on all parties a written order remanding
16    the cause and specifying the additional evidence.
17        (2) The hearing officer presiding at a rehearing shall
18    set a hearing date, in accordance with subsection (B) of
19    Section 8A-102, upon due notice to all parties.
20        (3) After conclusion of the rehearing, the hearing
21    officer shall file written findings and recommendations
22    with the Commission and serve copies at the same time on
23    all parties in the same manner as provided in subsection
24    (I) of Section 8A-102. The findings and recommendations
25    shall be subject to review by the Commission as provided in
26    this Section.

 

 

10000SB0020sam002- 40 -LRB100 05173 HEP 40677 a

1    (E) Review.
2        (1) Following the filing of the findings and
3    recommended order of the hearing officer and any written
4    exceptions and responses, and any other proceedings
5    provided for in this Section, the Commission, through a
6    panel of 3 members, shall decide whether to accept the case
7    for review. If the panel declines to review the recommended
8    order, it shall become the order of the Commission. The
9    Commission shall issue a notice within 30 days after a
10    Commission panel votes to decline review. If the panel
11    accepts the case, it shall review the record and may adopt,
12    modify, or reverse in whole or in part the findings and
13    recommendations of the hearing officer.
14        (2) When reviewing a recommended order, the Commission
15    shall adopt the hearing officer's findings of fact if they
16    are not contrary to the manifest weight of the evidence.
17        (3) If the Commission accepts a case for review, it
18    shall file its written order and decision in its office and
19    serve copies on all parties together with a notification of
20    the date when it was filed. If the Commission declines to
21    review a recommended order or if no exceptions have been
22    filed, it shall issue a short statement notifying the
23    parties that the recommended order has become the order of
24    the Commission. The statement shall be served on the
25    parties by first class mail.
26        (4) A recommended order authored by a non-presiding

 

 

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1    hearing officer under subparagraph 8A-102(I)(4) of this
2    Act shall be reviewed in the same manner as a recommended
3    order authored by a presiding hearing officer.
4    (F) Rehearing.
5        (1) Within 30 days after service of the Commission's
6    order or statement declining review, a party may file an
7    application for rehearing before the full Commission. The
8    application shall be served on all other parties. The
9    Commission shall have discretion to order a response to the
10    application. The filing of an application for rehearing is
11    optional. The failure to file an application for rehearing
12    shall not be considered a failure to exhaust administrative
13    remedies. This amendatory Act of 1991 applies to pending
14    proceedings as well as those filed on or after its
15    effective date.
16        (2) Applications for rehearing shall be viewed with
17    disfavor and may be granted, by vote of 6 Commission
18    members, only upon a clear demonstration that a matter
19    raises legal issues of significant impact or that
20    Commission decisions are in conflict.
21        (3) When an application for rehearing is granted, the
22    original order shall be nullified and oral argument before
23    the full Commission shall be scheduled. The Commission may
24    request the parties to file any additional written
25    arguments it deems necessary.
26    (G) Modification of Order.

 

 

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1        (1) At any time before a final order of the court in a
2    proceeding for judicial review under this Act, the
3    Commission or the 3-member panel that decided the matter,
4    upon reasonable notice, may modify or set aside in whole or
5    in part any finding or order made by it in accordance with
6    this Section.
7        (2) Any modification shall be accomplished by the
8    filing and service of a supplemental order and decision by
9    the Commission in the same manner as provided in this
10    Section.
11    (H) Extensions of time. All motions for extensions of time
12with respect to matters being considered by the Commission
13shall be decided by the full Commission or a 3-member panel. If
14a motion for extension of time cannot be ruled upon before the
15filing deadline sought to be extended, the Chairperson of the
16Commission shall be authorized to extend the filing deadline to
17the date of the next Commission meeting at which the motion can
18be considered.
19(Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95;
2089-626, eff. 8-9-96.)
 
21    (775 ILCS 5/8B-103)  (from Ch. 68, par. 8B-103)
22    Sec. 8B-103. Review by Commission.
23    (A) Exceptions. Within 30 days of the receipt of service of
24the hearing officer's recommended order, a party may file with
25the Commission any written exceptions to any part of the order.

 

 

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1Exceptions shall be supported by argument and served on all
2parties at the time they are filed. If no exceptions are filed,
3the recommended order shall become the order of the Commission
4without further review. The Commission shall issue a notice
5that no exceptions have been filed no later than 30 days after
6the exceptions were due.
7    (B) Response. Within 21 days of the receipt of service of
8exceptions, a party may file with the Commission any response
9to the exceptions. Responses shall be supported by argument and
10served on all parties at the time they are filed.
11    (C) Oral Argument. A party may request oral argument at the
12time of filing exceptions or a response to exceptions. When any
13party requests oral argument in this manner, the Commission may
14schedule oral argument to be heard by a panel of 3 Commission
15members. If the panel grants oral argument, it shall notify all
16parties of the time and place of argument. Any party so
17notified may present oral argument.
18    (D) Remand.
19        (1) The Commission, on its own motion or at the written
20    request of any party made at the time of filing exceptions
21    or responses, may remand a case to a hearing officer for
22    purposes of a rehearing to reconsider evidence or hear
23    additional evidence in the matter. The Commission shall
24    issue and serve on all parties a written order remanding
25    the cause and specifying the additional evidence.
26        (2) The hearing officer presiding at a rehearing shall

 

 

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1    set a hearing date, in accordance with Section 8B-102(C),
2    upon due notice to all parties.
3        (3) After conclusion of the rehearing, the hearing
4    officer shall file written findings and recommendations
5    with the Commission and serve copies at the same time on
6    all parties in the same manner as provided in Section
7    8B-102(J). The findings and recommendations shall be
8    subject to review by the Commission as provided in this
9    Section.
10    (E) Review.
11        (1) Following the filing of the findings and
12    recommended order of the hearing officer and any written
13    exceptions and responses, and any other proceedings
14    provided for in this Section, the Commission, through a
15    panel of 3 members, may review the record and may adopt,
16    modify, or reverse in whole or in part the findings and
17    recommendations of the hearing officer.
18        (2) When reviewing a recommended order, the Commission
19    shall adopt the hearing officer's findings of fact if they
20    are not contrary to the manifest weight of the evidence.
21        (3) If the Commission accepts a case for review, it
22    shall file its written order and decision in its office and
23    serve copies on all parties together with a notification of
24    the date when it was filed. If the Commission declines to
25    review a recommended order or if no exceptions have been
26    filed, it shall issue a short statement notifying the

 

 

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1    parties that the recommended order has become the order of
2    the Commission. The statement shall be served on the
3    parties by first class mail.
4        (3.1) A recommended order authored by a non-presiding
5    hearing officer under subparagraph 8B-102(J)(4) shall be
6    reviewed in the same manner as a recommended order authored
7    by a presiding hearing officer.
8        (4) The Commission shall issue a final decision within
9    one year of the date a charge is filed with the Department
10    unless it is impracticable to do so. If the Commission is
11    unable to issue a final decision within one year of the
12    date the charge is filed with the Department, it shall
13    notify all parties in writing of the reasons for not doing
14    so.
15    (F) Rehearing.
16        (1) Within 30 days after service of the Commission's
17    order or statement declining review, a party may file an
18    application for rehearing before the full Commission. The
19    application shall be served on all other parties. The
20    Commission shall have discretion to order a response to the
21    application. The filing of an application for rehearing is
22    optional. The failure to file an application for rehearing
23    shall not be considered a failure to exhaust administrative
24    remedies. This amendatory Act of 1991 applies to pending
25    proceedings as well as those filed on or after its
26    effective date.

 

 

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1        (2) Applications for rehearing shall be viewed with
2    disfavor, and may be granted, by vote of 6 Commission
3    members, only upon a clear demonstration that a matter
4    raises legal issues of significant impact or that
5    Commission decisions are in conflict.
6        (3) When an application for rehearing is granted, the
7    original order shall be nullified and oral argument before
8    the full Commission shall be scheduled. The Commission may
9    request the parties to file any additional written
10    arguments it deems necessary.
11    (G) Modification of Order.
12        (1) At any time before a final order of the court in a
13    proceeding for judicial review under this Act, the
14    Commission or the 3-member panel that decided the matter,
15    upon reasonable notice, may modify or set aside in whole or
16    in part any finding or order made by it in accordance with
17    this Section.
18        (2) Any modification shall be accomplished by the
19    filing and service of a supplemental order and decision by
20    the Commission in the same manner as provided in this
21    Section.
22    (H) Extensions of time. All motions for extensions of time
23with respect to matters being considered by the Commission
24shall be decided by the full Commission or a 3-member panel. If
25a motion for extension of time cannot be ruled upon before the
26filing deadline sought to be extended, the Chairperson of the

 

 

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1Commission shall be authorized to extend the filing deadline to
2the date of the next Commission meeting at which the motion can
3be considered.
4(Source: P.A. 89-348, eff. 1-1-96; 89-370, eff. 8-18-95;
589-626, eff. 8-9-96.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".