775 ILCS 5/8B-102
2021 Illinois Compiled Statutes|Chapter 775 - HUMAN RIGHTS|775 ILCS 5/ - Illinois Human Rights Act.|Article 8B - Procedures And Relief In Article 3 Cases Before The Human Rights Commission

 (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 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) all parties to a complaint file a joint         motion agreeing to have the findings and recommended order written by a hearing officer who did not preside at the public hearing.(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. 92-472, eff. 1-1-02.)