reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY (Repealed) › Section 1580.310 - Submittal of Requests for Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY (Repealed) › Section 1580.320 - Information To Be Provided in Requests for Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart C - PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY (Repealed) › Section 1580.330 - Requests for Records for Commercial Purposes (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS (Repealed) › Section 1580.420 - Requests for Records that the Agency Considers Unduly Burdensome (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS (Repealed) › Section 1580.440 - Requests for Records that Require Electronic Retrieval (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS (Repealed) › Section 1580.450 - Denials of Requests for Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart D - AGENCY RESPONSE TO REQUESTS FOR RECORDS (Repealed) › Section 1580.460 - Requests for Review of Denials - Public Access Counselor (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS (Repealed) › Section 1580.510 - Inspection and Copying of Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Subpart E - PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS (Repealed) › Section 1580.530 - Reduction and Waiver of Fees (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1580 - ACCESS TO RECORDS OF THE HISTORIC PRESERVATION AGENCY (Repealed) › Appendix A - Fee Schedule for Duplication and Certification of Records (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Expense for delivery other than by First Class U.S. Mail must
				  be borne by the requester.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"20-63 Complainant" means a "complainant" as defined in
				  Section 20-63 of the Act (
a known person identified in a complaint
				  filed with an Executive Inspector General as a person subjected to alleged
				  discrimination, harassment, or sexual harassment in violation of Section 5-65
				  of
the
Act, subsection (a) of Section
				  4.7 of the Lobbyist Registration
				  Act, or Article 2 of the Illinois Human Rights Act, regardless of whether the
				  complaint is filed by the person
[5 ILCS
				  430/20-63(a) ]). A person who is not
				  known and identified in the complaint but who otherwise meets the definition
				  shall, upon identification and location, be considered a 20-63 Complainant and
				  accorded, to the extent practicable, all the rights that would have been
				  accorded complainant had the complainant been known and identified in the
				  complaint.
"Act" or "Ethics Act" means the State Officials and Employees
				  Ethics Act [5 ILCS 430 ].
"Chair" means the Chairperson of the Executive Ethics
				  Commission as chosen in accordance with Section 20-5(e) of the Act.
"Commission" means the Executive Ethics Commission created by
				  Section 20-5 of the Act.
"Commissioner" means a commissioner of the Executive Ethics
				  Commission.
"Executive Inspector General" means one of the 5 appointees
				  described in Section 20-10(b) of the Act.
"FOIA" means the Freedom of Information Act [5 ILCS
				  140 ].
"Officer" or "Employee" means a former or current officer or
				  State employee of the executive branch or of State public universities.
"Relationship" means any arrangement between a source and the
				  officer or employee for employment, compensation or fees for services.
"Requestor" means a person who submits a request for public
				  records in accordance with this Part.
"Source" means a requestor's prospective employer or source
				  of compensation of fees for services, including the parent or subsidiary of the
				  same.
"Ultimate Jurisdictional Authority" or "UJA" means those
				  entities described in
				  5 ILCS
				  430/1-5 and not under the jurisdiction of the
				  Legislative Ethics Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.10 - Composition of Executive Ethics Commission

Current through Register Vol. 48, No. 28, July 12, 2024
The Executive Ethics Commission consists of nine
				  commissioners. The Governor appoints five commissioners and the Attorney
				  General, Secretary of State, Comptroller and Treasurer each appoint one
				  commissioner.
[
				  5 ILCS
				  430/20-5(b) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.20 - Officers

Current through Register Vol. 48, No. 28, July 12, 2024
The Executive Ethics Commission shall elect a Chair
				  and Vice-Chair and any other officers it deems appropriate. The terms of
				  officers shall be for two years commencing July 1 and running through June 30
				  of the second year.
[5 ILCS
				  430/20-5(e) ] Neither Chairs nor
				  Vice-Chairs may succeed themselves except that a Commissioner elected to fill a
				  vacancy in the office of Chair or Vice Chair during a term shall serve the
				  remaining balance of that term and may be elected to a new two-year term to
				  begin the following July 1.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.30 - Appointment of Executive Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Executive Ethics Commission shall appoint an
				  Executive Director.
[
				  5 ILCS
				  430/20-5(h) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.40 - Duties of Executive Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Executive Director serves as the director of the staff of
				  the Executive Ethics Commission and is responsible for the employment of
				  necessary professional, technical and secretarial staff as directed by the
				  Executive Ethics Commission. The Executive Director shall serve at the pleasure
				  of the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart A - ORGANIZATION › Section 1620.50 - Duties of Staff

Current through Register Vol. 48, No. 28, July 12, 2024
The duties and organization of staff are established by the
				  Executive Director as directed by the Executive Ethics
				  Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart B - INFORMATION › Section 1620.110 - Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) A request for
				access to records for an opportunity to inspect or for copies of records shall
				be submitted in writing to the Freedom of Information Officer at the office of
				the Executive Ethics Commission. The Executive Director shall either serve as,
				or shall appoint at least one, Freedom of Information Officer for the purpose
				of receiving FOI requests and responding to those requests. Any person serving
				as FOI Officer must complete training as required by Section 3.5 of FOIA.
				Requests for public records may be submitted by mail, e-mail, hand delivery or
				facsimile, directed to the Freedom of Information Officer, as follows:
FOI OFFICER
Executive Ethics Commission
401 S. Spring Street
515 Stratton Building
Springfield, Illinois 62706
EEC.legalstaff@illinois.gov
(217)558-1399 (facsimile)
b) The request must describe the public
				record sought, being as specific as possible. If the description is not
				sufficiently clear to allow easy identification of the records sought, the
				requestor may be asked to supply additional necessary information.
c) Pursuant to Section 5-15 of the Illinois
				Administrative Procedure Act [
				5 ILCS 100/5-15 ],
				requests for copies of Executive Ethics Commission rules shall be granted but
				are not deemed to be Freedom of Information Act requests, unless so labeled by
				the requestor.
d) The requestor
				shall indicate whether the public record is being obtained for a commercial
				purpose.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart B - INFORMATION › Section 1620.120 - Response to Requests for Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Freedom of Information Officer shall
				respond to a written request for a copy of, or for an opportunity to inspect,
				public records within 5 business days after receipt of the request except that
				a response to a request for a commercial purpose or a response to a recurrent
				requestor may take up to 21 days as permitted by, and in accordance with,
				Section 3.1 or 3.2 of FOIA, respectively.
b) If, for one or more reasons provided in
				Section 3(e) of FOIA, the Freedom of Information Officer cannot comply with or
				deny the request within 5 business days, the Freedom of Information Officer
				shall have an additional 5 business days in which to respond. Within the
				initial 5-day period, the Freedom of Information Officer shall give the
				requestor written notice of the extension of time to respond or of the
				treatment as a voluminous request pursuant to Section 3.6 of FOIA. The notice
				shall set forth the reasons for the extension or treatment.
c) When a request for a copy of public
				records has been granted, the FOI Officer may notify the requestor that the
				requested copies will be made available upon payment of fees as provided in
				Section 6 of FOIA.
d) A denial of a
				request for public records shall be made in writing and shall state the reasons
				for the denial, including a detailed factual basis for the application of any
				exemption claimed, and the names and titles or positions of individuals
				responsible for the decision. The notice of denial shall also inform the
				requestor of the right to review by the Public Access Counselor established in
				the Office of the Attorney General and the requestor's right to judicial review
				under Section 11 of FOIA.
e)
				Failure to respond to a written request within the applicable time limits
				described in subsections (a) and (b) may be considered by the requestor as a
				denial of the request.
f) Pursuant
				to Section
				8.5 of FOIA, the
				Commission is not required to provide copies of records available on its
				website when it directs the requestor to the website where the records are
				available and can reasonably be accessed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart B - INFORMATION › Section 1620.140 - Copies of Public Records - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) When copies of public records not exempt
				from disclosure under FOIA are requested, they will be provided subject to the
				payment of fees charged as allowed by Section 6 of FOIA. The first 50 hard copy
				pages are provided free of charge if and only if the copies are black and white
				and either legal or letter sized. The Commission reserves the right to charge
				fees to reimburse its actual costs for reproducing public records exceeding 50
				pages or in color or in a size other than letter or legal, as allowed by
				Section 6 of FOIA.
b) If the
				Commission incurs extraordinary shipping expenses for sending copies of public
				records to the requestor, the Commission reserves the right to seek
				reimbursement of those actual shipping expenses from the requestor.
c) Charges may be waived or reduced in any
				case in which the FOI Officer determines that the waiver serves the public
				interest.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart B - INFORMATION › Section 1620.150 - Materials Immediately Available

Current through Register Vol. 48, No. 28, July 12, 2024
Detailed information about the Commission is publicly and
				  immediately available at the Commission website:
https://eec.illinois.gov/
. The
				  Commission's website provides a description of the Commission's
				  responsibilities, organizational structure, categories of public records, and
				  process for obtaining public records. Public records immediately available on
				  the web site include Commission annual reports, UJA harassment and
				  discrimination prevention training program reports, publications explaining
				  Commission decisions issued pursuant to the State Officials and Employees
				  Ethics Act [5 ILCS 430 ], and Executive
				  Inspector General Founded Reports.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart C - RULEMAKING › Section 1620.200 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Rules of
				the Executive Ethics Commission may be adopted, amended or repealed only by
				affirmative vote of at least five members of the Commission.
b) Rulemaking of the Commission must be
				conducted in compliance with applicable provisions of the Illinois
				Administrative Procedure Act [ 5 ILCS 100 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.300 - Conduct of Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
				and Procedures Manual
1) All investigations by
				an Executive Inspector General or the Executive Inspector General's employees
				(collectively known as EIG) shall be conducted in accordance with procedures
				contained within this Part and within a policy and procedures manual developed
				by the EIG and approved by the Executive Ethics Commission. Approval shall be
				based on compliance with the Act, this Part and other applicable law. A policy
				and procedures manual should give direction to EIG employees that supplement
				the requirements of the Act and this Part.
2) The policy and procedures manual described
				in subsection (c) shall be submitted for approval to the Executive Ethics
				Commission within 90 days after July 1, 2008. Any future amendments to the
				policy and procedures manual shall be subject to the Commission's approval. An
				updated policy and procedures manual for each EIG shall be posted on the EEC
				website. Portions of the policy and procedures manual that may compromise the
				integrity of investigations or confidential investigative techniques may be
				redacted by the EEC after consultation with the appropriate EIG.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.310 - State Officer or Employee Case Initiation Form

Current through Register Vol. 48, No. 28, July 12, 2024
Each Executive Inspector General shall prescribe and make
				  available a case initiation form for investigation of a complaint against a
				  State officer or employee.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.320 - Case Initiation Form - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
The case initiation form shall set out:
a) the name of the employee or officer who is
				alleged to have committed misconduct;
b) the identity of the State agency by which
				the employee or officer is employed;
c) the name, address and telephone number of
				the complainant, unless filed anonymously;
d) the date and time of the alleged
				misconduct;
e) a description of the
				acts and circumstances that surrounded the alleged misconduct;
f) the names of any other person who
				witnessed, participated in, or was subjected to, alleged misconduct of any
				kind;
g) an address to which the
				completed form may be mailed;
h) a
				statement of the confidentiality of the identity of the complainant (see
				5 ILCS
				430/20-90(a) );
i) a statement that penalties may be applied
				for intentionally making a false report alleging an ethics violation (see
				5 ILCS
				430/50-5(d) ); and
j) such other information that the Executive
				Inspector General reasonably requires.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.330 - Opening an Investigation File

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon deciding to open an investigation file in accordance with Section
				1620.300(c)(4)(B),
				the Executive Inspector General shall promptly create an investigation file and
				assign the file a unique tracking number. Multiple case initiation forms that
				relate to the same alleged acts of misconduct may be consolidated for purposes
				of investigation. In the absence of a completed case initiation form, the
				Executive Inspector General may create an investigation file and assign the
				file a unique tracking number if the Executive Inspector General reasonably
				believes that misconduct may have occurred within the Executive Inspector
				General's jurisdiction. Investigations that have been closed and are reopened,
				involving the same alleged wrongdoing by at least one of the same persons who
				was the subject of the original complaint, shall be identified by the same
				tracking number as the initial investigation. All time limits stated in this
				Part shall be applied from the date of the original complaint.
b) The investigation file shall contain the
				case initiation form, or if none, so much of the information that would
				normally appear on the case initiation form as is known to the Executive
				Inspector General at the inception of the matter.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.340 - Referral to the Appropriate Executive Inspector General

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding Section
				  1620.330,
				  if an Executive Inspector General receives a case initiation form or other
				  information that alleges misconduct of an officer or employee outside his or
				  her jurisdiction, he or she shall promptly forward the case initiation form or
				  information to the appropriate Executive Inspector General, appropriate ethics
				  commission or other appropriate body and shall keep a record of this referral
				  and its recipients.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart D - INVESTIGATIONS › Section 1620.350 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
Investigations shall commence upon the opening of an
				  investigation file in accordance with Section
				  1620.330.
				  Investigations shall be conducted in accordance with Section 20-20 of the Act [
				  5 ILCS
				  430/20-20 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.420 - Attorney of Record

Current through Register Vol. 48, No. 28, July 12, 2024
In all cases filed before the Commission, all respondents not
				  appearing pro se must be represented of record by a member of the Illinois Bar
				  or an eligible out-of-state attorney, consistent with the requirements of
				  Illinois Supreme Court Rule 707. Attorneys shall file a written appearance
				  before addressing the Commission and may not withdraw an appearance for a party
				  without leave of the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.430 - Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				original and one copy of all documents shall be filed with the Commission at
				the Commission's offices. The documents shall be produced on 8½" x 11"
				white paper by a typing, printing, duplicating or copying process that provides
				a clear, readable image. If a filing is unreadable, it will be returned as
				unacceptable for filing. Parties represented by counsel shall send to the
				Commission an electronic copy of all documents via electronic mail on the same
				day that the paper documents are filed. Parties not represented by counsel are
				encouraged to send electronic copies of all filings.
b) Each party who files a document with the
				Commission shall also send a copy of that document to the other party in the
				case, or, if represented, to the other party's attorney. Parties shall attach a
				certificate of service to each document in accordance with Illinois Supreme
				Court Rule 12.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.440 - Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cases other than
				appeals of disciplinary actions under the Act filed under Section
				1620.1100
				shall be commenced by the filing of a complaint with the Commission.
b) The Executive Inspector General or
				Secretary of State Inspector General, as appropriate, shall be designated as
				"the petitioner" and the person who is alleged to have violated the Act shall
				be designated as "the respondent".
c) The form of the complaint shall be
				captioned substantially as follows:
IN THE EXECUTIVE ETHICS COMMISSION OF THE STATE OF
							 ILLINOIS
A. B., in (his/her) capacity as
)
Executive Inspector General for the
)
(constitutional officer),
)
)
Petitioner,
)
)
v.
)
No. _______________
)
C. D.
)
)
Respondent.
)
Complaint
d)
				The Commission shall assign each complaint a unique tracking number and all
				subsequent filings in each case shall reference this tracking number.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.450 - Complaint - Required Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
The complaint shall set forth the jurisdiction of the
				  Commission by identifying the respondent, the respondent's employer and the
				  Section of the Act the respondent is alleged to have violated. The complaint
				  shall also set forth the alleged violation and the grounds that exist to
				  support the petition.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.460 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
After filing the complaint,
the petitioner shall
				  serve a
file-stamped
copy of the complaint on all respondents
				  and on each respondent's ultimate jurisdictional authority in the same manner
				  as process is served under
Part 2 (Process) of the Civil Practice Law
				  of
the Code of Civil Procedure
[ 735 ILCS 5 /Art. II, Part 2].
				  [
				  5 ILCS
				  430/20-50(d) ] Petitioner shall file
				  the proof of service with the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.470 - Objections

Current through Register Vol. 48, No. 28, July 12, 2024
A respondent may file objections to the complaint
				  within 30 days after the
complaint
has been served on the
				  respondent.
[
				  5 ILCS
				  430/20-50(e) ] If the respondent
				  fails to object to the complaint, a general denial of the facts set forth in
				  the complaint shall be considered filed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.480 - Sufficiency of the Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
At least 30 days after the complaint is served on all
				respondents,
the Commission shall meet in person or by
				telephone in a closed session to review the sufficiency of the
				complaint
.
b)
If
				the Commission finds that the complaint is sufficient, the Commission
will
notify the parties
via certified mail, return receipt
				requested, of the decision.
The notice shall include a hearing date
				scheduled within 4 weeks after the date of the notice, unless all the parties
				agree to a later date.
[
				5 ILCS
				430/20-50(f) ] The Commission may
				grant, for good cause shown, a continuance of the hearing date contained in the
				notice.
c)
If the
				Commission finds that the complaint is insufficient for any reason, the
				Commission shall notify the parties via certified mail, return receipt
				requested, of the decision
to reject the complaint. [
				5 ILCS
				430/20-50(f) ] The Commission may
				reject the complaint with or without leave to refile.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.490 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties
				shall not engage in discovery without leave of the Commission, but the
				Commission encourages the voluntary exchange of information by the
				parties.
b) At least 2 weeks prior
				to the scheduled hearing or at a date determined by the Chair or an
				administrative law judge, if any, each party must file with the Commission and
				disclose to the other party:
1) the names of
				all witnesses expected to testify at hearing;
2) a summary of the witnesses' expected
				testimony;
3) copies of all
				documents expected to be introduced into evidence at hearing;
4) a description of any physical evidence
				expected to be introduced at hearing;
5) any known evidence that is exculpatory or
				tends to negate the allegations contained in the complaint; and
6) any statements or recordings of statements
				made by a respondent, or summaries of a respondent's interview.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.500 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
The Chair and the administrative law judge, if any, shall
				  have authority to issue subpoenas in the name of the Commission to compel the
				  presence of witnesses for purposes of testimony and the production of documents
				  and other items for inspection and copying.
a) Subpoenas may be issued upon written
				request of either party if:
1) the request is
				reasonably designed to produce or lead to the production of evidence related to
				the alleged violation;
2) the terms
				of compliance are reasonable given the time frames and other
				circumstances;
3) the party seeking
				the subpoena has attempted and failed to obtain the subject of the subpoena
				through other means; and
4) the
				subpoena is properly prepared and presented for signature.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.510 - 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 facts that are not in the record shall
				be supported by affidavit.
b) The
				motion shall point out specifically the defect complained of or other grounds
				for relief and shall specify the requested relief. The moving party shall file
				a proposed order with each motion.
c) The Chair or, if an administrative law
				judge has been appointed, the administrative law judge may determine all
				motions except motions that are potentially dispositive of the case. Motions
				that are potentially dispositive of the case must be determined by the
				Commission.
d) All written motions
				that are potentially dispositive of the case shall be filed with the Commission
				and served on the other party prior to the scheduled hearing. Potentially
				dispositive motions filed less than one week prior to a scheduled hearing may,
				in the Commission's discretion, be considered after the scheduled hearing. The
				scheduled hearing may be continued while the Commission considers the
				potentially dispositive motion if, in the opinion of the Chair or the
				administrative law judge, continuing the scheduled hearing is in the best
				interests of judicial economy.
e)
				The Commission may consider potentially dispositive motions with or without
				oral argument by the parties and may direct the Chair or administrative law
				judge to conduct a hearing on the motion and present proposed findings of fact
				and conclusions of law to the Commission.
f) Dispositive motions may not exceed 15
				pages in length and non-dispositive motions may not exceed 5 pages in length
				without first obtaining leave of the Commission.
g) Responses to any motion shall be filed
				within 15 days after the motion is filed, unless otherwise directed by the
				Commission, the Chair, or, if an administrative law judge has been appointed,
				the administrative law judge. Reply briefs and sur-replies shall be permitted
				solely at the discretion of the Commission, the Chair, or, if an administrative
				law judge has been appointed, the administrative law judge, who may also
				determine the deadline and format for the reply or sur-reply.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.520 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chair shall
				preside over all hearings unless, at the election of the Commission, the Chair
				designates an administrative law judge to act as a hearing officer. The
				administrative law judges shall be licensed to practice law in the State of
				Illinois and may be a commissioner or regular or contractual employee of the
				Commission. The Commission shall grant, for good cause shown, a petition from
				either party seeking disqualification of the administrative law judge or a
				commissioner for bias or conflict of interest.
b) All hearings shall be closed to the
				public.
c) Hearings shall be
				conducted in accordance with the contested case provisions of Article 10 of the
				Administrative Procedure Act [5 ILCS 100/Art. 10].
d) If a 20-63 Complainant has submitted an
				impact statement with respect to the allegations in the summary report of the
				investigation that served as the basis for the filing of the complaint, the EIG
				shall, with notice to the respondent, provide to the person presiding over the
				hearing a copy of the statement for the Commission's consideration. The
				Commission shall consider the impact statement only for purpose of determining
				an appropriate penalty, if any.
e)
				At the conclusion of the hearing, the Chair or the administrative law judge, if
				any, may set a briefing schedule.
f) If a party, or any person at the instance
				of or in collusion with a party, unreasonably refuses or fails to comply with
				this Subpart E or with any order of the Commission, Chair or administrative law
				judge, the Chair or administrative law judge may enter an adverse finding, or
				order as may be necessary to ensure just disposition of the matter.
g) The Chair or the administrative law judge
				presiding at the hearing may conduct any additional proceedings ancillary to or
				related to the hearing as the Chair or the administrative law judge deems
				appropriate.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.525 - 20-63 Complainant's Right to Testify

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of this Section,
				"Complainant" means a 20-63 Complainant.
b) Notification
1) If the complaint is based in whole or in
				part upon allegations of sexual harassment involving one or more Complainants,
				the Attorney General shall, at least 4 weeks before the scheduled hearing, file
				with the Commission and disclose to the other party a list of Complainants whom
				the Attorney General does not intend to call as witnesses to testify. For each
				such non-called Complainant, the Attorney General shall separately provide to
				the Commission either:
A) a copy of the
				Attorney General's notification to the Complainant of the Complainant's right
				to testify at and on the date of the hearing and a copy of the Complainant's
				response, if any; or
B) if notice
				of the hearing and the right to testify was not given, the Complainant's
				contact information.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart E - HEARINGS › Section 1620.530 - Decision of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 60
				days after the hearing or after briefs are due, whichever is later, the
				Commission shall enter a decision.
b) When the Commission is determining an
				appropriate fine pursuant to either Section 20-90(d) or 50-5 of the Act after a
				finding of liability, the Commission may consider the following mitigating and
				aggravating factors:
1) nature of
				violations;
2) the scope of the
				violation or scheme of violations;
3) the use of title or position;
4) the extent of the use of resources, money,
				time to the State;
5) the extent of
				a respondent's intent or knowledge of the facts surrounding the
				violation;
6)
				premeditation;
7) the duration of
				any series of violations;
8)
				position of authority;
9)
				involvement of others, especially other State employees;
10) impact on an ongoing investigation or the
				operations of government;
11) any
				impact statement submitted by a 20-63 Complainant;
12) self-disclosure;
13) cooperation;
14) in the absences of substantial
				aggravating factors, a self-employed person's incidental business or employment
				matters that are not reported under Section 5-45(f) of the Act in a timely
				manner or involve subject matter not directly related to prior State employment
				and that entail monetary amounts of less than $5,000 are deemed to be offenses
				warranting a warning or minimal fine;
15) prior disciplinary record or Ethics Act
				violation; and
16) years of service
				and type of service with the State.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart F - REVOLVING DOOR PROHIBITION › Section 1620.640 - Waiver of Prohibition of Executive Inspector General Employees as Judicial Appointee

Current through Register Vol. 48, No. 28, July 12, 2024
A current or former Executive Inspector General or a current
				  or former employee of the office of the Executive Inspector General may request
				  the Commission to waive the prohibition of judicial appointments (see
				  5 ILCS
				  430/20-10 (e-1)). The requestor shall file a verified
				  petition that identifies:
a) the
				judicial office to which he or she intends to be appointed;
b) the effect, if any, of his or her
				appointment on present or anticipated investigations conducted by any Executive
				Inspector General or law enforcement;
c) any Executive Inspector General
				investigations, current, anticipated or closed in the previous five years,
				related to the office, including employees of the office, to which he or she
				intends to be appointed; and
d) any
				other information the requestor believes may support the waiver.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart F - REVOLVING DOOR PROHIBITION › Section 1620.650 - Waiver of Prohibition of Executive Inspector General Employees as Judicial Appointee - Commission Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of the requestor's petition, the Commission
				  may:
a) grant the petition;
b) deny the petition;
c) request additional written information
				from the requestor or other persons;
d) request oral testimony from the requestor
				or other persons; and/or
e) conduct
				further inquiry related to the petition before the Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart G - GIFT BAN › Section 1620.700 - Gift Ban

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of further defining exceptions to the Gift Ban
				  [5 ILCS
				  430/10-15 ], the Commission defines the following
				  terms:
a) "Educational materials and
				missions" are those materials and missions that:
1) have a close connection to the recipient
				officer's or employee's State employment or the mission of the agency or
				office;
2) primarily benefit the
				public and not the employee or officer;
3) are approved by the agency's ethics
				officer in advance of the mission or receipt of the materials, if practicable.
				If it is not practicable to obtain advance approval, the mission and materials
				shall be reported to the agency's ethics officer as soon as practicable and
				shall contain a detailed explanation of why approval could not be obtained in
				advance. The following items may be accepted without ethics officer approval:
A) Single copies of academic or professional
				publications or software in the employee's or officer's area of responsibility
				or field of study.
B) Waiver of
				conference registration fees for officers or employees serving as conference
				speakers, committee members or invitees of the conference host;
				and
4) may include
				registration fees or similar charges for access to educational training,
				materials, courses, and webinars offered via telephone or video conference,
				online, or other electronic means of transmission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart H - MISCELLANEOUS FILINGS › Section 1620.800 - Personnel Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				executive branch constitutional officer and the Board of Higher Education shall
				file copies of the personnel policies adopted and implemented pursuant to
				5 ILCS 430/5-5
				with the Commission by August 15, 2005.
b) The officers and board identified in
				subsection (a) shall also on July 1 of each year, file with the Commission
				copies of the personnel policies in effect on that date, or a statement that
				the policies are unchanged from the previous year.
c) The officers and boards identified in
				subsection (a) shall also file with the Commission any amendments to the
				personnel policies within 30 days after the adoption of the
				amendments.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart H - MISCELLANEOUS FILINGS › Section 1620.810 - Quarterly and Six-Month Status Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each Executive Inspector General shall
				file a quarterly activity report with the Commission that reflects
				investigative activity during the previous quarter on or before January 15,
				April 15, July 15 and October 15 of each year. The activity report shall
				include:
1)
The number of
				investigations opened during the preceding quarter, the affected offices or
				agencies, and the unique tracking number for new
				investigations.
2)
The number of investigations closed during the preceding quarter, the
				affected offices or agencies, and the unique tracking number for closed
				investigations.
3)
The status of each on-going investigation that remained open at the end
				of the quarter, the affected office, agency or agencies, the investigation's
				unique tracking number, the date opened, and a brief statement of the general
				nature of the investigation at the time the status report is filed.
[
				5 ILCS
				430/20-65(a) ]
4) A statement of the amount of public funds
				at risk of loss as a result of the alleged misconduct under
				investigation.
5) A statement of
				whether the alleged misconduct may give rise to criminal penalties. If law
				enforcement was notified of the allegations, the report should indicate the
				date of the notification and the identity of the law enforcement entity
				notified. If law enforcement was not notified, the report should explain why
				notification has not occurred.
6)
				Other information deemed necessary by the Commission to fulfill its
				duties.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart H - MISCELLANEOUS FILINGS › Section 1620.820 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				State officer or employee who receives an ex parte communication from a
				non-interested party as excluded by Section 5-50(b-5) and Section 5-50(d) of
				the State Officials and Employee Ethics Act [ 5 ILCS 5 -50(b-5) and (d)] or an
				ex parte communication from any person that imparts or requests material
				information or makes a material argument regarding an agency's rulemaking
				pursuant to Section 5-165 of the Illinois Administrative Procedure Act [
				5
				ILCS 100/5-165 ] shall report this communication
				within 7 days to his or her agency's ethics officer.
b)
Any ethics officer who receives a
				report of ex parte communications described in subsection (a) shall forward the
				report to the Commission
within seven days, except with respect to
				communications related to the agency's rulemaking pursuant to Section 5-165 of
				the Illinois Administrative Procedure Act, which may be reported to the
				Commission at the same time the agency files its Second Notice with the Joint
				Committee on Administrative Rules. Any ex parte communication that the ethics
				officer reasonably believes is an attempt to influence through duress, coercion
				or the direct or indirect offer or promise of anything of value to any person
				or entity in consideration for any benefit or preference must be reported to
				the Executive Ethics Commission by the next business day. The report shall
				include:
1)
all written ex parte
				communications, including all written responses to the
				communications;
2)
a memorandum prepared by the ethics officer containing:
A)
the nature and substance of all
				oral ex parte communications;
B)
the identity and job title of the
				person to whom each communication was made;
C)
all responses made and the
				identity and job title of the person making each response;
D)
the identity of each person from
				whom the written or oral ex parte communication was received and the date of
				receipt;
E)
the
				individual or entity represented by that person;
F)
any action the person requested or
				recommended; and
G)
any other pertinent information.
[
				5 ILCS
				430/5-50(c) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart H - MISCELLANEOUS FILINGS › Section 1620.825 - Communications Related to Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise specified in this
				Section,
any written or oral communication received by a State employee
				who, by the nature of his or her duties, has the authority to participate
				personally or substantially in the decision to award a State contract and that
				imparts or requests material information or makes a material argument regarding
				potential action concerning an active procurement matter, including but not
				limited to, an application, a contract or a project, shall be reported to the
				Procurement Policy Board, and, with respect to the Illinois Power Agency, by
				the initiator of the communication, and may be reported also by the
				recipient.
[
				30 ILCS
				500/50-39(a) ]
1) As soon as practicable, but in no event
				more than 30 days after receipt of the communication or the first in a series
				of related communications described in subsection (b), the State employee shall
				report the communication to the Procurement Policy Board in accordance with the
				Board's rules.
2) Notwithstanding
				the requirements of subsection (a), as soon as practicable, but in no event
				more than 30 days after receipt of a communication described in subsection (b),
				the initiator of a communication received by an employee of the Illinois Power
				Agency shall also report, and the recipient of the communication may report,
				the communications to the Procurement Policy Board in accordance with the
				Board's rules.
3)
No trade
				secrets or other proprietary or confidential information shall be included in
				any communication reported to the Procurement Policy Board.
[
				30 ILCS
				500/50-39(b) ]