Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1120 - UNFAIR LABOR PRACTICE PROCEEDINGS › Section 1120.40 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
			 issuance of a complaint, the Executive Director shall set the matter for
			 hearing before an Administrative Law Judge. All parties shall be given at least
			 five days' notice of the hearing. The notice shall comply with Section 10-25(a)
			 of the Illinois Administrative Procedure Act [ 5 ILCS 100 ].
b) Interested persons who wish to intervene
			 in the hearing shall direct such requests to the Administrative Law Judge. The
			 request shall be in writing and shall state the grounds for intervention. The
			 Administrative Law Judge shall have discretion to grant or deny the request for
			 intervention. In determining whether to grant the request, the Administrative
			 Law Judge shall base his decision on the timeliness of the request, the degree
			 to which the person requesting intervention has a real interest at stake, and
			 the ability of the parties to represent the interests of the person requesting
			 intervention.
c) The Board will
			 encourage Administrative Law Judges to schedule voluntary prehearing
			 conferences with the parties when it appears that those conferences will aid in
			 narrowing or resolving issues.
d)
			 On motion of a party made prior to the close of the hearing and with the
			 approval of the General Counsel, the Administrative Law Judge may certify an
			 issue to the Board for a ruling prior to the issuance of the Administrative Law
			 Judge's recommended decision and order. An issue may be certified to the Board
			 only if the Administrative Law Judge finds that the case involves an issue of
			 law as to which there is substantial ground for difference of opinion and that
			 an immediate appeal on the issue may materially advance the termination of the
			 case. The Administrative Law Judge shall rule on the motion within seven days
			 after a response to the motion is received or is due pursuant to 80 Ill. Adm.
			 Code
			 1105.100(e)(2).
			 The parties may file briefs concerning the certified issue no later than 21
			 days after the Administrative Law Judge's certification. Within 60 days after
			 the last day that briefs must be filed, the Board shall rule on the certified
			 issue or shall remand the issue to the Administrative Law Judge upon a finding
			 that certification of the issue is inappropriate. Intermediate rulings of the
			 Administrative Law Judge shall not otherwise be subject to interlocutory
			 appeal. Parties may raise objections to intermediate rulings in their
			 exceptions to the Administrative Law Judge's recommended decision or, if there
			 is no recommended decision, in their briefs to the Board.
e) The Complainant shall present the case in
			 support of the complaint.
The respondent may present evidence in
			 defense against the charges
(Section 15 of the Act).
f) The Administrative Law Judge shall obtain
			 a full and complete record by inquiring into all matters in dispute. The record
			 shall be obtained either by evidentiary hearing or stipulation. Immediately
			 prior to the close of the record, one or more parties may file motions to
			 remove the case to the Board for decision. Responses to these motions may be
			 filed as directed by the Administrative Law Judge. Within 14 days after the
			 close of the record, the Administrative Law Judge shall rule on the motions.
			 The Administrative Law Judge may also order the case removed to the Board on
			 his or her own motion within 14 days after the close of the record. If the
			 Administrative Law Judge orders a case removed, he or she shall certify that
			 there are no determinative issues of fact that require an Administrative Law
			 Judge's recommended decision.
g)
			 Within seven days after removal, a party may move the Board to remand the case
			 to the Administrative Law Judge, identifying in detail the material factual
			 issues in dispute. If the Board fails to rule on the motion within 60 days, the
			 motion to remand will be deemed denied. In cases removed to the Board, the
			 Board shall remand the case if at any time it determines that the case presents
			 issues of material fact requiring an Administrative Law Judge's recommended
			 decision. A fact is material to the claim or defense in issue when the success
			 of the claim or defense is dependent upon the existence of that fact.
h) In cases not removed to the Board and in
			 cases remanded to the Administrative Law Judge, the Administrative Law Judge
			 shall file and serve on the parties a recommended decision giving the reasons
			 for the decision as promptly as possible based on the length of the record and
			 the complexity of the issues involved.