reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.90 - Allocation Appeals Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 An employee shall, within 15 days after receipt of the Director of the
			 Department of Central Management Services' decision on reconsideration, serve
			 notice upon the Commission of his or her intent to appeal the reconsideration
			 decision of the Director. The employee shall simultaneously serve a copy of the
			 notice of intent upon the Director of the Department of Central Management
			 Services. The notice shall state the name of the employee, the employee's
			 appointing agency, a description of the disputed classification issue, and the
			 class for which the employee is appealing.
b) Upon receipt of a notice of intent to
			 appeal, the Director of the Department of Central Management Services shall
			 file with the Commission within 30 days a submission setting forth the facts
			 and reasons for the reconsideration decision. A copy shall be served upon the
			 employee. In the submission there shall be a clear and brief recitation of all
			 relevant facts and documentary evidence submitted in exhibit form.
c) Within 30 days after receipt of the
			 Director's submission, the employee shall file with the Commission an answer
			 setting forth all relevant facts and documentary evidence in exhibit form. A
			 copy of the answer shall be served upon the Director of the Department of
			 Central Management Services. The employee shall point out with particularity
			 his or her disagreement with the submission of the Department of Central
			 Management Services.
d) Within 30
			 days after receipt by the Commission of the submissions of the parties,
			 notification will be served by the Commission of the date of the hearing that
			 will be held for the purpose of presenting argument and/or accepting evidence
			 on material and substantial issues of fact. By agreement of the parties and the
			 Commission, the hearing may be waived.
e) Parties may represent themselves or be
			 represented by counsel or by other representatives as they may elect.
f) After the completion of the hearing, a
			 proposal for decision by the Administrative Law Judge shall be served upon the
			 parties. The parties shall have 10 days after service to file written comments
			 and arguments before the Commission renders its final decision. The filing of
			 the parties' responses shall be in accordance with Section
			 1.302.
g) Employees who are subject to collective
			 bargaining agreements that permit an appeal to the Commission of class study
			 reclassifications not resolvable under the applicable contract shall use the
			 procedure set forth in this Section if they appeal to the Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.100 - Appeal of Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appeal of
			 layoff shall be filed with the Commission by the affected employee within 15
			 calendar days following the effective date of layoff. The effective date of
			 layoff is the date designated by the Director of Central Management Services in
			 the approved notice of layoff served on the employee.
b) The appeal shall set forth with
			 particularity a statement of facts and a designation of the applicable
			 provisions of the Personnel Code or the Personnel Rules alleged to have been
			 violated or not complied with.
c)
			 An investigation shall be conducted by the Commission and the proposal for
			 decision shall be served upon all parties to the dispute. The parties shall
			 then have 10 days to file in the office of the Commission a response to the
			 proposal for decision and a request for hearing if either party so
			 desires.
d) If, in the judgment of
			 the Administrative Law Judge or the Commission, a substantial issue of fact or
			 law exists that cannot be resolved by investigation, the parties will be
			 notified of a date of hearing. The notice will set forth a short statement of
			 the issue of fact and/or law. If it is determined that no material issue of
			 fact or law exists, the Commission will issue its decision based upon the
			 findings of the investigation and the parties' responses to the proposal for
			 decision.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.110 - Allegations of Personnel Code and Rule Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) An allegation of a violation of the
			 Personnel Code or Personnel Rules shall set forth with particularity a
			 statement of facts and a designation of the applicable provisions of the Code
			 or Rules that have been violated or not complied with. The appeal must be filed
			 within 180 days after the date on which the affected person knew, received
			 written notice of, or, through the use of reasonable diligence, should have
			 known of the alleged violation or noncompliance.
b) An investigation shall be conducted by the
			 Commission and the proposal for decision shall be served upon all parties to
			 the dispute. The parties shall then have 10 days to file in the office of the
			 Commission a response to the proposal for decision in accordance with Section
			 1.302
			 of this Part and a request for hearing if either party so desires.
c) If, in the judgment of the Administrative
			 Law Judge or the Commission, a substantial issue of fact or law exists, the
			 parties will be notified of a hearing date. The notice will set forth a short
			 statement of the issue of fact and/or law. If it is determined that no material
			 issue of fact or law exists, the Commission will issue its decision based upon
			 the findings of the investigation and the parties' responses to the proposal
			 for decision.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.120 - Appeal of Geographical Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
a) An appeal of geographical transfer shall
			 be filed with the Commission by the affected employee within 15 days following
			 the effective date of the transfer. The effective date of the transfer is the
			 date the employee is required to report to the new location. In appeals to the
			 Commission from permanent transfers from one geographical area in the State to
			 another, the employee shall have the burden of introducing sufficient,
			 competent and credible evidence showing that the transfer was unreasonable,
			 unjust or capricious and was not a bona fide attempt to serve the best
			 interests of the operating agency. Geographical area is presumed to be the
			 county in which the position is located unless the employee or the operating
			 agency can establish that a different standard is utilized for the employee's
			 position.
b) Under normal
			 circumstances, a transfer of an employee for a period in excess of 60 days will
			 be considered a permanent transfer.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.130 - Appeals of Disciplinary Action or Demotion

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certified employee who has been served
			 with written charges approved by the Director of Central Management Services
			 for removal, discharge, demotion or suspension for a period of more than 30
			 days within a 12-month period may appeal to the Commission. The appeal shall be
			 in writing and filed with the Commission within 15 days after receipt of the
			 approved written charges.
b) In
			 disciplinary appeals and demotion appeals, the agency has the burden of proof
			 and as such is designated the Petitioner; the employee is designated the
			 Respondent.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.141 - Collective Bargaining Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall give full recognition
			 and effect to provisions of collective bargaining agreements relating to wages,
			 hours and conditions of employment reached under the provisions of the Illinois
			 Public Labor Relations Act [5 ILCS 315 ]. Provisions of collective bargaining
			 agreements supersede contrary provisions of the Personnel Code, Personnel Rules
			 and Rules of the Civil Service Commission (see
			 5
			 ILCS 315/15 ).
b) Employees whose positions are subject to
			 collective bargaining agreements may appeal disciplinary actions, demotions,
			 layoffs, geographical transfers or rule violations either through the procedure
			 set forth in the agreement or through the Commission, but not both.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.142 - Jurisdiction B Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Civil Service Commission shall exercise its judgment when determining whether a
			 position qualifies for exemption from Jurisdiction B under Section 4d(3) of the
			 Personnel Code. The Commission will consider any or all of the following
			 factors inherent in the position and any other factors deemed relevant to the
			 request for exemption:
1) The amount and
			 scope of principal policy making authority;
2) The amount and scope of principal policy
			 administering authority;
3) The
			 amount of independent authority to represent the agency, board or commission to
			 individuals, legislators, organizations or other agencies relative to
			 programmatic responsibilities;
4)
			 The capability to bind the agency, board or commission to a course of
			 action;
5) The nature of the
			 program for which the position has principal policy responsibility;
6) The placement of the position on the
			 organizational chart of the agency, board or commission;
7) The mission, size and geographical scope
			 of the organizational entity or program within the agency, board or commission
			 to which the position is allocated or detailed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.143 - Orders of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission may, from time to time, review and investigate personnel policies,
			 actions, or activities and administrative practices to insure that they are in
			 compliance with the Personnel Code. Such review and investigation will be
			 utilized by the staff in rendering reports to the Commission.
b) Findings by the Commission of probable
			 discrepancies with respect to the Personnel Code or Rules, when communicated in
			 writing to the Director of Central Management Services and the appropriate
			 agency head, are considered as an order to the Director either to correct the
			 probable discrepancy or to furnish an explanation to support a conclusion that
			 a probable discrepancy does not exist. If, within 30 days after receipt of such
			 order, neither appropriate corrective action has been initiated nor a
			 satisfactory explanation has been submitted by the Director, the Commission may
			 record such violations in the minutes of its meeting and take such other action
			 as is appropriate to correct such violations.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.145 - Appearances - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
Parties may choose to represent themselves, be represented by
				an appropriate association, or be represented by an attorney licensed to
				practice law in the State of Illinois. An attorney representing a party shall
				file a written notice of appearance with the Commission identifying the
				attorney by name, address, telephone, facsimile number, email address and
				attorney registration number.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.146 - Service of Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Manner
			 of Service. When copies of documents filed with the Commission are required to
			 be served on the opposing party, these copies shall be served personally, by
			 first class mail, or in a manner agreed to by the parties and approved by the
			 Administrative Law Judge pursuant to Section
			 1.150.
b) Proof of Service. Proof that copies were
			 served on the opposing party must be filed with the papers required to be filed
			 with the Commission. Proof of service shall consist of the statement of the
			 individual making service specifying the manner and date of the
			 service.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.147 - Appeal Hearing File

Current through Register Vol. 48, No. 28, July 12, 2024
After an appeal to the Commission has been filed, the
				Commission will establish an appeal file containing all documents pertinent to
				the appeal. Either party to the appeal may inspect the file during regular
				business hours in the office of the Commission. Members of the public may
				inspect or request a copy of the appeal file in accordance with the Freedom of
				Information Act [ 5 ILCS 140 ], except for those records exempt from inspection
				and copying by that Act or subject to protective order.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.150 - Filing Procedure - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing and Form of Papers
1) The original copy of a complaint, appeal,
			 pleading, written motion, notice or other paper must be filed in the
			 Springfield office of the Commission. If the last day for filing falls upon a
			 weekend or legal holiday, the last date for filing will be the first business
			 day subsequent to the weekend or legal holiday.
2) Papers shall be signed by the party filing
			 the paper or by the party's representative and shall contain the address of the
			 party or, if represented, the name, business address and telephone number of
			 the representative. Copies of all filed papers shall be served on all parties
			 to the proceedings, and notice of service shall be given to the
			 Commission.
3) Each document shall
			 show on the first page the caption and case number assigned by the Commission,
			 and shall identify the party on whose behalf the document is filed. The final
			 page of each filed document shall contain the name, address and telephone
			 number of the attorney, or of the party if the party is
			 self-represented.
4) In accordance
			 with the Identity Protection Act [ 5 ILCS 179 ], no person's Social Security
			 Number shall be filed or submitted to the Civil Service Commission in a
			 pleading, exhibit or any other document related to a case unless the Social
			 Security Number is essential to the matter before the Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.154 - Notice, Time and Place of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Disciplinary hearings shall be scheduled within 30 days after
				the request for hearing is filed with the Commission. At least 10 days notice
				of the time and date of the first hearing shall be given to all parties. This
				may, however, be waived in an emergency. Ordinarily, appeals will be heard in
				the Commission's Chicago or Springfield office, but the Administrative Law
				Judge may conduct proceedings in other geographic locations for the convenience
				of witnesses and/or the parties.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.158 - Public Hearing - Recording - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings shall be open to the public,
			 except as otherwise provided in subsection (b).
b) Upon motion of either party, the hearing
			 may be closed to the public when testimony or exhibits would refer to and
			 reveal matters that constitute an exception to public disclosure under Section
			 7(1)(c) of the Illinois Freedom of Information Act [5 ILCS
			 140/7(1)(c) ] or if the
			 Administrative Law Judge finds it necessary to close the hearing in instances
			 in which personal safety is of concern or when confidential
			 testimony/exhibits/matters are to be referenced or revealed.
c) Recording of hearings by devices used by
			 individuals other than the officially designated court reporter or
			 Administrative Law Judge is not allowed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.160 - Disciplinary Charges and Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Charges must be specific enough to apprise
			 the employee of the nature and substance of the cause alleged for discharge.
			 Written charges approved by the Director of Central Management Services seeking
			 an employee's discharge, demotion or suspension totaling more than 30 days in
			 any 12-month period shall contain a specific statement of facts that allege the
			 cause for the proposed action sought against the employee. If a breach of a
			 statutory duty or a rule of the agency is alleged, the specific statute or rule
			 shall be cited in connection with the charge.
b) Charges shall be set forth in separate
			 paragraphs and contain the dates, names of persons, places and information
			 reasonably calculated to apprise the employee of the allegations that are the
			 basis of the discipline.
c) At any
			 time prior to commencement of hearing or prior to the close of hearing, the
			 Administrative Law Judge may, upon motion of a party, permit amendment of
			 charges if no undue surprise results that would prejudice the opposing party's
			 right to a prompt hearing or impose an injustice on either side.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.170 - Level of Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
In determining the appropriate level of discipline, the
				Commission shall consider the nature of the offense, the employee's performance
				record, including disciplinary history, the employee's length of continuous
				service, and other relevant factors. Cause for discharge means some substantial
				shortcoming that in some way renders the employee's continuance in the position
				detrimental to the discipline and efficiency of the service and that law and
				sound public opinion recognize as good cause for the employee's removal from
				the position.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.190 - Subpoena - Fees and Mileage of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written request by a party to a
			 contested case, the Commission will issue a subpoena for attendance of a
			 witness or production of books, papers, documents or other tangible things at a
			 hearing or deposition if the party shows good cause as to why the testimony
			 and/or books, papers, documents or other tangible things cannot otherwise be
			 obtained and states the reasons why the testimony and/or books, papers,
			 documents or other tangible things are necessary and relevant.
b) Subpoena forms may be obtained upon
			 written request to the Administrative Law Judge in the Commission's Springfield
			 office.
c) Witness and Mileage Fees
			 - The cost of service and witness and mileage fees shall be borne by the person
			 requesting the subpoena. Witness and mileage fees shall be the same as are paid
			 witnesses in the circuit courts of the State of Illinois.
d) Service and Contents - The person
			 requesting a subpoena shall be responsible for its service. The subpoena shall
			 state the telephone number and address of the person initiating its issuance
			 and shall identify the person or evidence subpoenaed and the person to whom,
			 and the place, date and the time at which, it is returnable.
e) Petition to Quash or Modify - Within five
			 days after service of a subpoena on any person, that person may file a petition
			 to quash or modify the subpoena, stating reasons in support of the relief. A
			 copy of the petition shall be served at the same time on the person serving the
			 subpoena. Whenever a petition to quash a subpoena is properly filed under this
			 Section, the petitioner shall not be required to respond to the subpoena until
			 the petition has been ruled upon.
f) Any witness subpoenaed for a deposition
			 may be required to attend only in the county in which he or she resides or
			 maintains an office address, or in any other place ordered by the
			 Administrative Law Judge.
g)
			 Enforcement - Whenever any person knowingly fails or refuses to comply with a
			 subpoena, the party serving the subpoena or the Commission shall petition the
			 appropriate circuit court pursuant to the Personnel Code for an order enforcing
			 the subpoena.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.205 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless made
			 orally on the record during a hearing, all motions shall be in writing and
			 shall briefly state the order or relief requested and the specific grounds upon
			 which relief is sought. Motions based on a matter that does not appear on
			 record shall be supported by affidavit.
b) A written motion shall be served at the
			 same time upon all parties and filed with the Commission's Springfield
			 office.
c) Written motions and
			 responses to motions shall set forth the arguments and authorities relied upon
			 to permit the Administrative Law Judge to make a decision without oral argument
			 on the motion. Parties may request a hearing that will be granted or denied
			 based on the Administrative Law Judge's determination of need.
d) Within seven days after service of a
			 motion, a participant or party may file a response to the motion. If no
			 response is filed, the participant or party shall be presumed to have waived
			 objection to the granting of the motion, but the waiver of objection does not
			 bind the Administrative Law Judge in the decision on the motion. Unless undue
			 delay or material prejudice would result, the Administrative Law Judge will not
			 grant any motion before expiration of the seven-day response period. The moving
			 person shall not have the right to reply, except as permitted by the
			 Administrative Law Judge.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.210 - Extensions of Time - Continuances of Hearing - Waivers of Compensation for Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission, or an Administrative Law Judge appointed by it to conduct a
			 hearing, may, for good cause shown on timely motion after notice to the
			 opposite party, extend the time for filing any pleading or may continue the
			 date of a scheduled hearing for a limited period.
b) Granting or denying a continuance of a
			 scheduled hearing is within the discretion of the Commission or the
			 Administrative Law Judge.
c)
			 Motions for extensions or continuances are not timely unless asserted at least
			 48 hours prior to the time scheduled for filing or hearing, except for
			 emergencies, including but not limited to serious illness, family death or
			 family emergency relating to the party or the representative for the
			 party.
d) The granting of a request
			 for continuance by the employee in a discharge appeal will, under normal
			 circumstances, constitute a voluntary waiver of any claim to compensation for
			 the period of the continuance if the employee is ordered retained in his or her
			 position.
e) Requests for
			 continuances must be preceded by contacting the opposing party, either orally
			 or in writing, and asking for agreement to the continuance.
f) An employee's request for the first
			 continuance in the case of a demotion or disciplinary appeal must be made in
			 writing.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.212 - Consolidation

Current through Register Vol. 48, No. 28, July 12, 2024
Two or more appeals may be consolidated on motion of either
				party or the Administrative Law Judge when the cases involve common issues of
				law or fact, consolidation would not prejudice the rights of the parties, and
				consolidation would result in the efficient and expeditious resolution of
				appeals.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.218 - Disqualification of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Administrative Law Judge assigned to a
			 proceeding may, upon written request to and approval of the Executive Director,
			 recuse himself or herself therefrom.
b) Whenever any party believes an
			 Administrative Law Judge for any reason should be disqualified from conducting,
			 or continuing to conduct, a proceeding assigned to him or her, such party may
			 file a motion to disqualify the Administrative Law Judge, setting forth by
			 affidavit the alleged grounds for disqualification. The Administrative Law
			 Judge shall have seven (7) days after filing of the motion within which to
			 enter a written ruling thereon. A copy of such ruling shall be served upon all
			 parties. The Commission may, on its own motion, review rulings denying or
			 granting a motion for disqualification.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.220 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission does not facilitate the exchange of discovery
				information between or among the parties. Discovery is a process primarily
				conducted between or among the parties. Discovery shall be attained through the
				following methods:
a) Bill of
			 Particulars - An employee who is the subject of disciplinary charges may
			 request additional information regarding the charges. Written demands for
			 relevant information concerning the charges shall be answered within 10 days
			 after service unless objected to.
b) Written Interrogatories - A party may
			 direct written interrogatories to any other party. The interrogatories shall be
			 restricted to the subject matter of the complaint or defense and shall avoid
			 placing undue detail, excessive burden, or expense on the answering party.
			 Within 10 days after service, the answering party shall serve on the
			 propounding party an answer, under oath or affirmation, or an objection to each
			 interrogatory. When appropriate, a document may be served in answer to an
			 interrogatory. Supplemental interrogatories shall not be allowed except on
			 leave of the Administrative Law Judge for good cause shown.
c) Production, Inspection, Copying or
			 Photographing of Documents and Tangible Things - A party, by written request
			 served upon the other parties, may require production for inspection, copying
			 or photographing any document, object or tangible thing that is relevant to the
			 subject matter of the complaint or defense. The party upon whom the request is
			 served shall respond to the request within 10 days, stating with respect to
			 each item or category that inspection and related activities will be permitted
			 as required, unless the request is objected to, stating the reasons for
			 objection.
d) List of Witnesses and
			 Documents - Upon timely request prior to a hearing on the merits, each party to
			 the proceeding shall serve on the other party:
1) A list of names and home or work addresses
			 of the witnesses the party proposes to call in its case in chief.
2) All documents the party proposes to offer
			 in its case in chief.
3) All
			 written or recorded statements of the party's witnesses that may be used by an
			 adverse party for the purpose of cross-examination.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.222 - Evidence Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
Upon order of the Administrative Law Judge, a deposition of any
				witness may be taken for use as evidence in a Commission proceeding. The
				depositions may be taken in the manner provided by law for depositions in civil
				actions in the courts of this State.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.224 - Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 written notice by the Administrative Law Judge in any proceeding, parties or
			 their representatives may be directed to appear in person or by telephone or
			 other electronic means at a specified time and place for a conference, prior to
			 or during the course of hearing for the purposes of:
1) Scheduling;
2) Simplifying the issues;
3) Amending the pleadings for clarifications,
			 amplification or limitation;
4)
			 Making admissions of facts or stipulating to the admissibility of any matters
			 to expedite the hearing;
5)
			 Limiting the number of witnesses;
6) Exchanging prepared testimony and
			 exhibits; and
7) Aiding in the
			 simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.226 - Stipulations

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to any proceeding may, by stipulation in writing
				filed with the Commission or entered orally in the record, agree upon the facts
				or any part of the facts involved in the proceeding. It is the policy of the
				Commission to encourage stipulations of fact whenever
				practicable.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.230 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of a party to appear on the date set for hearing, or
				failure to file materials or submissions required by this Part or by order of
				the Administrative Law Judge or Commission, shall constitute a default. The
				Administrative Law Judge may, upon motion of the party who has appeared or upon
				his or her own motion, dismiss the appeal subject to approval of the
				Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.232 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 proponent of any matter asserted shall have the burden of proof to establish by
			 a preponderance of evidence that the matter asserted is more probably true than
			 not true.
b) When a party has the
			 burden of proof and establishes the matter asserted by the required quantity of
			 evidence, the party has made a prima facie case, and the burden of disproving
			 the matter asserted goes to the opposing party by the same quantity of
			 evidence.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.233 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrelevant,
			 immaterial or unduly repetitious evidence shall be excluded. The rules of
			 evidence and privilege as applied in civil cases in the circuit courts of
			 Illinois shall be followed. However, evidence not admissible under those rules
			 of evidence may be admitted (unless precluded by statute) if it is of a type
			 commonly relied upon by reasonably prudent persons in the conduct of their
			 affairs.
b) Objections to
			 evidentiary offers may be made and shall be noted in the record.
c) Any party who has had evidence excluded
			 may make an offer of proof.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.234 - Hostile Witness

Current through Register Vol. 48, No. 28, July 12, 2024
If the Administrative Law Judge determines that a witness is
				hostile or unwilling, examination of the witness by the calling party may be
				conducted as if under cross-examination. The party calling an occurrence
				witness may, upon showing the witness was called in good faith but the calling
				party is surprised by the testimony, impeach the witness by proof of prior
				inconsistent statements.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.235 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Marking - All
			 exhibits shall be marked by a court reporter designated to record the hearing
			 in numerical order with a party designation.
b) Designation of Part of Document as
			 Evidence - When relevant material matter offered into evidence is included in a
			 book, paper or document containing other material not relevant, the person
			 offering the material must plainly designate the matter offered.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.236 - Order of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Administrative Law Judge shall open the hearing by explaining the procedure to
			 be followed in the hearing. Upon motion of either party or at the discretion of
			 the Administrative Law Judge, any or all witnesses may be
			 sequestered.
b) Preliminary matters
			 such as objection to charges, disputes involving discovery, stipulation of
			 facts and documents, and scheduling of witnesses may be resolved.
c) Each party shall be given the opportunity
			 to make a brief opening statement identifying the issues and indicating what is
			 to be proven.
d) All witnesses
			 shall testify under oath or affirmation.
e) Each party may conduct such
			 cross-examination as required for a full and true disclosure of the facts. The
			 Administrative Law Judge may also examine witnesses.
f) Before closing the proceedings, the
			 Administrative Law Judge may allow both parties the opportunity to make brief
			 oral and/or written closing statements.
g) Witnesses may be required to testify via
			 telephone and/or video conference by order of the Administrative Law
			 Judge.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.240 - Interlocutory Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
When in the course of a hearing the Administrative Law Judge
				finds a question of law, fact or policy that if resolved by the Commission will
				materially advance the resolution of the dispute, the Administrative Law Judge,
				on his or her own motion or the motion of one of the parties, may refer the
				issue to the Commission for resolution.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.260 - Oral Argument Before the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
Oral argument in contested cases will not be allowed before the
				Commission unless novel and precedent setting questions of law or policy are at
				issue. Argument by interested parties shall be requested by motion to the
				Commission with notice to the opposing party made at least five days before the
				Commission's public meeting in which the matter will be considered. The issues
				that will be the subject of argument shall be set forth with particularity in
				the motion.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.270 - Authority of Commission Regarding Orders and Proposals for Decision of the Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission shall have the authority to affirm, reverse or modify the proposal
			 for decision of the Administrative Law Judge, or remand the matter to the
			 Administrative Law Judge for the purposes set forth in Section
			 1.290.
b) If the Commission reverses or modifies a
			 proposal for decision, it shall set forth in its written decision those
			 findings of fact, conclusions of law, or other portions of the proposal for
			 decision that it is reversing or modifying. All portions of the proposal for
			 decision not set forth in the Commission's written decision are presumed to be
			 affirmed.
c) A decision or action
			 of the Commission shall become final at the time it is made in writing and
			 announced at an open and public meeting of the Commission and cannot be further
			 reviewed by or appealed to the Commission.
d) The Commission's final administrative
			 decision shall be served on the parties or their legal representatives in
			 accordance with Section
			 1.150
			 or in a manner agreed to by the party receiving the decision.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.280 - Record of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever
			 a hearing is held under the Personnel Code or this Part, it shall be recorded
			 by a court reporter or other means that adequately preserves the record. The
			 Administrative Law Judge or Commission may order that any recording be
			 transcribed. The agency that is a party to the hearing shall bear all costs
			 related to the production of the transcript of the proceedings, including but
			 not limited to the costs of the court reporter and original transcript. Parties
			 who order copies of the transcript are responsible for the cost of the copies.
			 The transcript provided to the Commission shall be transcribed in full page
			 format with a word index. A party who has requested a protective order (request
			 that certain information remain confidential during and after the hearing)
			 shall be responsible for redacting the protected information from the
			 transcript.
b) The written record
			 of the proceeding shall be filed with the Commission within 10 days after
			 receipt of the transcript of the final hearing by either the agency or its
			 representative. Upon agreement of the parties, the written transcript may be
			 filed directly with the Commission by the court reporter. Written notice of
			 filing shall be served on all parties to the proceedings.
c) Any record will be available for
			 examination by the public at reasonable times in the Springfield office of the
			 Commission. Upon written request made at least 48 hours (exclusive of
			 Saturdays, Sundays and official State holidays) in advance, the Commission will
			 make any record available for examination at its Chicago office.
d) The transcript of proceedings on any
			 matter before the Commission is complete upon the filing of the court
			 reporter's transcript of the final day of hearing or the last filed written
			 closing statement, whichever is later.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.290 - Remandment

Current through Register Vol. 48, No. 28, July 12, 2024
Until the decision in a case is final, the Commission may
				remand it to the Administrative Law Judge for the purpose of taking additional
				evidence or soliciting additional argument or for any other reason that will
				assist the Commission in rendering its finding and decision.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.300 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
All final decisions of the Commission shall be subject to
				appeal by the parties to the proceedings under the Administrative Review Law [
				735 ILCS 5 /Art. III] by the filing of a complaint and the issuance of summons
				within 35 days from the date that a copy of the Commission decision was served
				upon the party affected. A decision is deemed to have been served when
				personally delivered or when deposited in the United States mail in a sealed
				envelope or package, with postage prepaid, addressed to the party affected at
				the party's last known residence or place of business, or served by facsimile
				or electronic mail in accordance with Section
				1.150.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.302 - Response to Proposals for Decision or Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) In a contested case in which the members
			 of the Commission have not heard the case or read the record, the Proposal for
			 Decision or Order of the Administrative Law Judge appointed by the Commission
			 to conduct the hearing or the results of the investigation shall be served upon
			 the parties prior to the Commission rendering a final decision.
b) Unless arrangements to the contrary have
			 been made, a copy of any response shall be filed in the Springfield office of
			 the Commission. The responses shall be accompanied by proof that a copy of the
			 response was served upon the opposing side.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1 - CIVIL SERVICE COMMISSION › Section 1.310 - Personnel Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission has power to disapprove new rules or amendments
				to existing rules submitted by the Director of Central Management Services.
				Such proposed new rules or amendments of existing rules submitted to the
				Commission shall be accompanied by a report of proceedings attending the prior
				public hearing required by law with respect to them. If the Commission does not
				disapprove new rules or any amendment to existing rules within 30 days
				following the receipt from the Director of Central Management Services, the new
				rules or amendments have the force and effect of law after filing by the
				Director with the Secretary of State.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.10 - Meetings of the Merit Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Notice of the date, time, and place of any meetings of the Merit
			 Commission--regular, special, or otherwise - called by the Chairman of the
			 Commission shall be in writing and a copy thereof delivered to each member, the
			 Secretary of State, and the Director of Personnel ("Director") by the Chairman
			 of the Commission at least three calendar days in advance of the meeting.
			 Notice shall also be delivered to the General Law Division of the Attorney
			 General's Office and to others, including organizations representing a
			 substantial number of State employees, provided that a written request for
			 notification has been filed with the Commission. Request for notification shall
			 be annually filed in July.
b)
			 Regular meetings will convene alternately, when practicable, between Chicago,
			 and Springfield, Illinois.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.20 - Classification Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
			 will review the class specifications requiring Commission approval under the
			 Classification Plan and will approve those which meet the requirements of the
			 Secretary of State Merit Employment Code ("Code") (Ill. Rev. Stat., ch. 124,
			 par. 101, et seq) and Personnel Rules (80 Ill. Adm. Code 410 and 420),
			 including the Classification Plan, and which conform to the following currently
			 acceptable principles of position classification in the merit system:
1) Definitive description of duties,
			 including a clear statement of distinguishing features and illustrative
			 duties;
2) Identifiable
			 differentiation between classes and levels of classes;
3) Progression between classes;
4) Provision for reasonable and valid basis
			 of merit selection through examination;
5) Consistency of requirements for, and
			 duties of, a given class;
6)
			 Consistency within classes regarding difficulty, complexity and nature of
			 work;
7) Consistency with other
			 classes similar in difficulty, complexity, and nature of work.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.30 - Personnel Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission will review new rules or amendments to existing rules submitted by
			 the Director. Such proposed new rules or amendments of existing rules submitted
			 to the Commission shall be accompanied by any comments received by the Director
			 with respect to them.
b) In
			 conducting such review, the Commission will consider:
1) Whether the Director has the authority to
			 promulgate the rule;
2) Whether the
			 rule will accomplish its intended purpose;
3) Whether it conflicts with existing rules
			 or collective bargaining agreements;
4) Whether the rule is clear and
			 unambiguous;
5) Whether the rule
			 will limit an employee's vested rights;
6) Whether the rule conflicts with any public
			 policy as declared by the Governor, the Legislature, the Courts, or the
			 opinions of the Attorney General.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.40 - Jurisdiction B Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission, upon written recommendation of the Director, shall exempt from
			 Jurisdiction B positions which, in the judgement of the Commission, involve
			 either principal administrative responsibility for the determination of policy
			 or principal administrative responsibility for the way in which policies are
			 carried out and/or are highly confidential positions, except positions which
			 have the powers of a law enforcement officer may not be exempted.
b) The Commission may review such exempt
			 positions and, where they no longer comply with Section
			 50.40(a)
			 shall rescind exempt status.
c) For
			 all positions currently exempt by action of the Commission, the Director shall
			 inform the Commission in writing of all changes in duties, responsibilities,
			 organization, location, allocation or identity within 10 calendar days of any
			 such change.
d) At least 10
			 calendar days prior to granting an exemption from Jurisdiction B, the
			 Commission will notify the incumbent of the position, if any, of its proposed
			 action, whereupon the incumbent and/or his representative may appear at the
			 Commission meeting at which action is to be taken and present objections to
			 such exemptions.