reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.110 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless made
				orally on the record during a hearing, or unless the Hearing Officer directs
				otherwise, motions shall be in writing and accompanied by any affidavits or
				other matters relied upon. The original copy of all motions shall be served
				upon the Hearing Officer and copies shall be served upon all other parties to
				the proceeding and the General Counsel. In addition, motions may also be
				submitted by e-mail, if agreed to by all parties.
b) A party may file a response in support of
				or in opposition to a motion within such time as the Hearing Officer directs.
				If no response is filed, the parties shall not be deemed to have waived
				objections to the motion. Service of a response shall be the same as provided
				in subsection (a).
c) No oral
				argument will be heard on a motion unless the Hearing Officer directs
				otherwise.
d) The Hearing Officer
				shall rule upon all motions, except that he or she shall have no authority to
				make a recommendation to the Board to dismiss or decide a hearing on the
				merits, without granting all parties to the proceeding a right to be heard and
				to establish a record.
e) Unless
				otherwise ordered by the Board, the filing of a motion shall not stay the
				proceeding or extend the time for the performance of any act.
f) A party may participate in the proceedings
				without waiving any jurisdictional objection.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.115 - Consolidation and Severance of Claims: Additional Parties

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of convenience and expeditious and complete
				  determination of claims, the Hearing Officer or the Board may consolidate or
				  sever adjudicative claims involving any number of parties, and may order
				  additional parties to be brought in pursuant to the provisions of Section
				  125.75(c).
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.120 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints may be amended under any of the following
				  circumstances:
a) to correct any
				technical defects;
b) to conform to
				the evidence presented at the hearing;
c) to conform to new matters that arise at
				the hearing if it appears from the original and amended pleadings that the
				cause of action asserted in the amended pleading grew out of the same
				transaction or occurrence, or arose from or relate to the same disclosure
				period set forth in the original pleading. For the purpose of preserving the
				cause of action under those conditions, an amendment adding a person as a
				respondent relates back to the date of the filing of the original pleading so
				amended.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.130 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon timely
				written application, the Hearing Officer may permit any person to intervene in
				a proceeding, subject to the necessity for conducting an orderly and
				expeditious hearing, when either of the following conditions is met:
1) the applicant is so situated that he or
				she may be adversely affected by a final order of the Board; or
2) an applicant's claim or defense and the
				adjudicative proceeding have a question of law or fact in common.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.135 - Pre-hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				notice by the Hearing Officer in any proceeding or upon request by any party,
				the Hearing Officer may direct parties or their attorneys to appear at a
				specified time and place for a conference, either during or prior to any
				hearing, for the following purposes:
1)
				formulation and simplification of issues;
2) necessity or desirability of amending the
				pleadings for the purpose of clarification, amplification or
				limitation;
3) possibility of
				stipulations concerning the admissibility of evidence;
4) limitation of the number of
				witnesses;
5) propriety of prior
				mutual exchange between or among the parties of prepared testimony and
				exhibits; and
6) other matters as
				may aid in the simplification of the evidence and disposition of the
				proceeding.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.140 - Settlement Pursuant to Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
At any time upon suggestion of the Hearing Officer or upon
				  request of any party, an opportunity shall be afforded all parties to dispose
				  of the case by written stipulation, agreed settlement or consent order, unless
				  otherwise precluded by law. Any stipulation, agreed settlement, or consent
				  order shall be submitted in writing to the Board and shall become effective
				  only if approved by the Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.150 - Record of Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
A record of any conference held pursuant to Section
				  125.140
				  shall be kept only if all parties to the proceeding request such a record. If a
				  request is made, the record of the conference shall be deemed a part of the
				  record of the hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.160 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) A hearing may be
				continued for good cause by the Hearing Officer upon his or her own motion or
				upon motion of a party to the hearing after due consideration of any time
				limitations imposed by the Election Code or by this Part. Notice of any
				postponement or continuance shall be given to all parties within a reasonable
				time in advance of the previously scheduled hearing date. All parties involved
				in a hearing shall attempt to avoid undue delay caused by repetitive
				continuances so that the hearing may be resolved expeditiously.
b) For good cause, and only if pursuant to a
				written stipulation among all parties, a hearing may be continued for a period
				of time in excess of the time limits set forth in Section 9-21 of the Election
				Code; provided, however:
1) No continuance, or
				series of continuances, may total more than 45 days;
2) If the complaint was filed within 60 days
				preceding the date of an election, in no event shall the continuance extend
				beyond 2 days prior to the date of the election.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.170 - Order of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be the order of all proceedings held,
				  pursuant to Subpart C of this Part, subject to modification by the Hearing
				  Officer for good cause:
a)
				Presentation, argument and disposition of motions preliminary to a hearing on
				the merits of the matters raised in the complaint or answer;
b) presentation of opening
				statements;
c) complainant's
				case;
d) respondent's
				case;
e) complainant's case in
				rebuttal;
f) statements from
				interested citizens, if authorized by the Hearing Officer;
g) complainant's closing statement, which may
				include legal argument;
h)
				respondent's closing statement, which may include legal argument; and
i) ruling on any reserved motions.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.175 - Failure of Party to Appear

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 proceed as ordered by the Hearing Officer shall not deter the
				  hearing from proceeding unless the Hearing Officer, for good cause, orders a
				  continuance.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.180 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except with
				respect to matters of privilege, the rules of evidence as applied in civil
				cases in courts of this State shall not be strictly applied to hearings under
				this Part. Admissibility of evidence shall be liberally interpreted in order to
				present all matters that are or may be relevant to the issues affecting the
				parties.
b) The Hearing Officer
				shall exclude immaterial, irrelevant and repetitious evidence.
c) When the admissibility of disputed
				evidence depends upon an arguable interpretation of substantive law, the
				Hearing Officer shall admit that evidence.
d) A party may conduct examinations or
				cross-examinations without rigid adherence to formal rules of evidence,
				provided the examination or cross-examination can be shown to be necessary and
				pertinent to a full and fair disclosure of the subject matters of the
				hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.185 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Notice may be taken of matters of which the Circuit Courts of
				  this State may take judicial notice. In addition, notice may be taken of
				  generally recognized technical or scientific facts within the agency's
				  specialized knowledge. Parties shall be notified either before or during the
				  hearing, or by reference in preliminary reports or otherwise, of the material
				  noticed, including any staff memoranda or data, and they shall be afforded an
				  opportunity to contest the material so noticed. The agency's experience,
				  technical competence and specialized knowledge may be utilized in the
				  evaluation of the evidence.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.190 - Examination of Adverse Party or Agent

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the hearing of an adjudicatory action, any party to the
				  action or any person for whose immediate benefit the action is prosecuted or
				  defended, or the officers, directors or managing agents of any party to the
				  action, may be called and examined, as if under cross-examination, at the
				  instance of any adverse party. The party calling for the examination may rebut
				  the testimony given by countertestimony and may impeach the witness by proof of
				  prior inconsistent statements.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.192 - Participation by Board Members and Staff

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Board member or staff member of the
				Board may be designated by the Board to participate in hearings conducted under
				this Part and may interrogate witnesses, raise points of law and have all
				rights of an interested party. The Board member or staff member shall not have
				the authority to rule on objections, motions or petitions, overrule the Hearing
				Officer during the hearing, or otherwise usurp the authority of the Hearing
				Officer conferred under this Part.
b) The Board or staff members shall not be
				subject to any rule or motion adopted during the hearing excluding witnesses,
				but shall be permitted to participate in all hearings as a representative of
				the Board even if also a witness.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.195 - Hostile Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
If the Hearing Officer in an adjudicatory hearing determines
				  that a witness is hostile or unwilling, the witness may be examined by the
				  party calling the witness as if under cross-examination. The party calling a
				  witness, upon a showing that he or she called the witness in good faith and is
				  surprised by the witness' testimony, may impeach the witness by proof of prior
				  inconsistent statements.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.197 - Admission of Business Records in Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
Any writing or record, whether in the form of any entry in a
				  book or otherwise, made as a memorandum or record of any act, transaction,
				  occurrence or event, except as otherwise privileged, shall be admissible as
				  evidence of the act, transaction, occurrence or event, if made in the regular
				  course of any business, and if it was the regular course of the business to
				  make the memorandum or record at the time of the act, transaction, occurrence
				  or event or within a reasonable time afterwards. All other circumstances of the
				  making of the writing or record, including lack of personal knowledge by the
				  entrant or maker, may be shown to affect its weight, but shall not affect its
				  admissibility. The term "business", as used in this Section, includes business,
				  profession, occupation and calling of every kind, and shall specifically
				  include campaigns for nomination or election or campaigns in support of or
				  opposition to any referendum or question of public policy.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart A - DEFINITIONS AND GENERAL PROVISIONS › Section 125.199 - Compelling Appearance at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The appearance at an adjudicatory hearing of a party or a
				  person who is an officer, director or employee of a party may be required by
				  serving the party with a notice designating the person who is required to
				  appear. If the party or person is a non-resident of the State, the Hearing
				  Officer shall provide by order terms and conditions in connection with his or
				  her appearance at the hearing as are just, including payment of his or her
				  reasonable expenses. The notice also may require production at the hearing of
				  documents or tangible things.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.210 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The rules in this Subpart shall apply to closed preliminary
				  hearings conducted pursuant to Section 9-21 of the Election
				  Code.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.220 - Commencement of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
A proceeding to adjudicate an alleged violation of Title 9 of
				  the Election Code shall be commenced by the filing of a complaint in accordance
				  with Section
				  125.20.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.230 - Form of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
All complaints shall conform to Section
				  125.30, and
				  shall contain the following:
a) The
				complaint shall be directed to and state the name of the person, candidate, or
				the chairman or treasurer of a political committee against whom the complaint
				is directed;
b) The complaint shall
				state the provisions of the Election Code or rules that are alleged to have
				been violated;
c) The complaint
				shall state the time, place and nature of the alleged offense; and
d) The complaint shall be verified, dated and
				signed by the complainant, in substantially the following manner:
Verification
"I declare that this complaint (including any accompanying
				  schedules and statements) has been examined by me and to the best of my
				  knowledge and belief is a true and correct complaint as required by Article 9
				  of the Election Code. I understand that the penalty for willfully filing a
				  false complaint shall be a fine not to exceed $500 or imprisonment in a penal
				  institution other than the penitentiary not to exceed six months, or both fine
				  and imprisonment."
(Date of filing)
(Signature of person filing the complaint)
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.235 - Board Members as Complainants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Nothing in this Part shall prohibit a member of the Board from filing a
				complaint in his or her individual capacity.
b) After filing the complaint, the
				complaining member shall decline to be present at or participate in any Board
				decision affecting the complaint or the proceedings pertaining to the
				complaint.
c) In all other
				respects, the provisions of this Part shall apply to situations in which a
				member of the Board is a complainant.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.240 - Service of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				complaint is filed within 60 days prior to the date of an election in reference
				to which the complaint is filed, the complainant shall serve a copy of the
				complaint upon all respondents prior to the time of filing, and the complaint
				filed with the Division of Campaign Disclosure shall have attached to it proof
				of service, consisting of any one of the following:
1) a written acknowledgment signed by the
				person served;
2) in case of
				service by personal delivery, an affidavit of the person who made delivery;
				or
3) abode service in accordance
				with Article II of the Code of Civil Procedure [735 ILCS 5
				].
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.245 - Appointment of Hearing Officer - Order of Closed Preliminary Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints may
				be filed by Board members, Board staff, or private persons in accordance with
				Code Section 9-20.
b) In accordance
				with the time constraints stated in Code Section 9-21, the Director of the
				Division of Campaign Disclosure shall appoint a Hearing Officer, who shall be a
				licensed attorney or a Board employee of the classification Election Specialist
				III or higher, who possesses at least two years experience as an Election
				Specialist of any rating, and the Director of the Division of Campaign
				Disclosure shall enter an order directing a closed preliminary hearing be held
				on the complaint, designating the time and place of the hearing.
c) The Hearing Officer may be the Director of
				the Division of Campaign Disclosure or any person designated by the Director of
				the Division of Campaign Disclosure.
d) A copy of the order shall be served on the
				complainant, if different from the Board or its staff, and upon the respondent.
				The order shall have attached a copy of the complaint.
e) The order shall contain a recitation that
				the respondent may be represented by counsel at the closed preliminary
				hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.252 - Scope of Preliminary Hearing - Procedures - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
The closed preliminary hearing is not an adjudication, but
				  shall be an inquiry to elicit evidence on whether the complaint was filed on
				  justifiable grounds and has some basis in fact and law.
a) The closed preliminary hearing shall be
				conducted by the Hearing Officer.
b) The Hearing Officer shall record the
				proceedings and make a copy of the recording available to either party upon
				request. A party may record the proceedings by employing his or her own court
				reporter or otherwise recording the hearing.
c) The closed preliminary hearing need not be
				strictly adversarial in nature.
1) Any person
				offering evidence, written or oral, shall affirm to the Hearing Officer that
				his or her evidence is true to the best of his or her information and
				belief;
2) Evidence may be
				submitted in narrative form;
3) The
				Hearing Officer shall not be bound to follow rules of evidence acceptable in an
				Illinois court of record, but may admit and rely upon for his or her
				recommendation evidence or information of a type commonly relied upon by
				reasonably prudent men in the conduct of their affairs, as provided by Section
				10-40(a) of the Illinois Administrative Procedure Act [
				5 ILCS
				100/10-40(a) ];
4) The complainant bears the burden of
				introducing evidence or information sufficient under subsection (c)(3) for the
				Board to conclude that the complaint has been filed on justifiable
				grounds;
5) The complainant will
				ordinarily present evidence or information supporting the complaint first in
				order. The complainant will present his or her case first, except when
				convenience to the Hearing Officer or the respondent requires the respondent to
				proceed first. The consent, in such cases, of the complainant will be required.
				The respondent may then present any information or evidence; and
6) The Hearing Officer may ask the
				complainant or respondent any questions relevant to the charges of the
				complaint. Any question is relevant if it has the possibility of eliciting an
				answer that tends to make the ultimate fact of justifiable grounds more or less
				likely.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.253 - Responsibilities of the General Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of a copy of the
				recommendation of the Hearing Officer, the General Counsel shall:
1) Review the recommendation for questions of
				law and evidence;
2) Offer remarks
				and recommendations on all matters of law noted in the
				recommendation;
3) Comment upon
				matters of evidence when that comment would assist the Board in understanding
				the recommendation of the Hearing Officer, or the recommendation is against the
				manifest weight of the evidence or otherwise subject to dispute; and
4) Transmit remarks and recommendations to
				the Board in accordance with the time constraints stated in Code Section
				9-21.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.254 - Stipulated Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever a closed preliminary hearing is conducted, the parties shall be
				afforded an opportunity to come into compliance with any applicable requirement
				of the Election Code or any rule of the Board and to dispose of all matters in
				dispute by written stipulation or agreed order approved by the Board. However,
				if the committee has previously failed to comply with the requirements of the
				Election Code or rule, any stipulation or agreed order must be submitted to the
				Board and shall not be effective unless approved by the Board. Repeated
				failures to comply with the Code or rules shall entitle the Board to reject any
				proposed stipulation or agreed order and to direct that a complaint be filed.
				"Repeated failures" means more than one.
b) Any written stipulation or agreed order
				issued pursuant to this Section shall include a provision known as the
				"Standing Order" provision, as referred to in Section
				125.420,
				requiring that all subsequent reports, statements or filings required by
				Article 9 be made within the time limits set forth in Article 9, and that any
				failure or refusal to comply with filing deadlines will result in the
				imposition of the civil penalties stated in Section
				125.425.
				Any Standing Order provision shall remain in effect for a period of 12 months
				from the date of the final order, stipulation or agreed order.
c) Any person who fails or refuses to comply
				with the terms of a Standing Order provision shall be notified by the Board, by
				service as set forth in Section 125.425, that the Board will issue an order
				imposing a civil penalty in accordance with the schedule set forth in this
				Part. The person shall be afforded an opportunity to appear at the next
				regularly scheduled or special Board meeting and to show cause why the civil
				penalty shall not be imposed. For purposes of this subsection (b), cause shall
				consist of proof that the report was submitted on time, as evidenced by a date
				stamp on the received document or other evidence submitted to the
				Board.
d) Any civil penalties
				imposed pursuant to this Section may be enforced and collected in accordance
				with Section
				125.430.
e) In approving any stipulation or agreed
				order under this Part, the Board shall consider, but not be limited to, any
				evidence offered and noted by the Hearing Officer of the following factors:
1) A party's history of compliance with the
				Election Code or rules of the Board;
2) Any evidence of respondent's ignorance of
				a material fact that led to the conduct that was the source of the
				complaint;
3) The degree of
				cooperation exhibited by the respondent with Board staff or the Hearing
				Officer; and
4) Factors in
				mitigation or factors in aggravation of the circumstances complained of in the
				complaint.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.262 - Board Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the submission of the recommendations of the Hearing Officer, and the
				recommendations of the General Counsel, if any, the Board will determine
				whether the complaint was filed on justifiable grounds. The Board will order a
				public hearing to be conducted in accordance with Subpart C if the Board
				determines that the complaint was filed on justifiable grounds, and if the
				respondent:
1) disputes that it violated
				Article 9;
2) is unwilling to take
				action necessary to correct any violation; or
3) is unwilling to refrain from the conduct
				giving rise to the violation.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.265 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
Judicial review of a final order of the Board entered or
				  effected pursuant to Section
				  125.262 shall
				  be in accordance with Section 9-22 of the Election Code.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.270 - Record of Preliminary Hearing on Appeal Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
Upon appeal from a final order of the Board dismissing a
				  complaint following a closed preliminary hearing, the recording of the
				  preliminary hearing and documentary evidence received during the preliminary
				  hearing, together with the recommendation of the Hearing Officer, the
				  recommendation of the General Counsel, if any, and the final order of the
				  Board, shall constitute the record on administrative review pursuant to the
				  Administrative Review Law [ 735 ILCS 5 /Art. III]. A party that has caused a
				  verbatim transcript of the closed preliminary hearing to be made may, at that
				  party's election, submit that transcript for inclusion in the record on
				  administrative review. Legal counsel for the Board shall be instructed to seek
				  leave of the Court to file the record on administrative review "in camera" with
				  the Court having jurisdiction over the review. Any public inspection or release
				  may be subject to order of that Court. Before the record is filed, the Hearing
				  Officer shall notify the parties that the record has been prepared, shall
				  receive corrections from any parties, shall examine the record for accuracy,
				  and then shall certify that it is a true and accurate record of the
				  hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart B - CLOSED PRELIMINARY HEARINGS › Section 125.272 - Order of Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				the event that the Board orders a public hearing more than 60 days before the
				election in reference to which the complaint is filed, the Board will appoint a
				Hearing Officer to conduct a public hearing on the complaint and shall
				immediately serve upon all parties a written Notice of Appointment of the
				Hearing Officer, stating the name, business address and telephone number of the
				Hearing Officer, together with a copy of the Board's order after the closed
				preliminary hearing.
b) In the
				event that the Board orders a public hearing within 60 days preceding the date
				of an election in reference to which the complaint is filed, the Board may
				appoint a Hearing Officer if time and resources permit. The Director of the
				Campaign Disclosure Division also shall promptly give notice via telephone,
				e-mail, or facsimile of the appointment of a Hearing Officer to all parties and
				that notice shall be deemed supplementary to the written Notice of
				Appointment.
c) If a Hearing
				Officer is appointed, the Hearing Officer shall, in accordance with the time
				constraints stated in Code Section 9-21, designate a time and place for the
				public hearing and shall serve a written Notice of Hearing upon all parties,
				stating the time and place of the hearing. If the complaint is filed within 60
				days preceding the date of an election in reference to which the complaint is
				filed, the Hearing Officer also shall promptly give telephonic notice of the
				hearing to all parties, which shall be deemed supplementary to the written
				Notice of Hearings. If the public hearing is scheduled before the Board without
				appointment of a Hearing Officer, the Notice of Hearing shall be prepared and
				served by the General Counsel.
d)
				The Notice of Hearing shall contain a statement that the respondents have the
				right to be represented by legal counsel in any proceeding conducted by the
				State Board of Elections, including public hearing proceedings.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.320 - Initiation of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Hearings conducted pursuant to Subpart C shall be initiated once the Board has
				determined that a complaint alleging a violation of Article 9 has been filed
				upon justifiable grounds and further determines that a hearing is necessary
				under Section
				125.262(a).
b) Hearings may also be initiated when, in
				the exercise of its discretion, the Board determines there are reasonable
				grounds to believe that a violation of any other election law may have
				occurred.
c) The Board may
				determine that any adjudicative hearing shall be held before the Board. In the
				absence of that determination, an adjudicative hearing shall be conducted by a
				Hearing Officer.
d) Any hearing
				before the Board shall be conducted in the same manner as provided for the
				calling and conduct of hearings by a Hearing Officer, except that, after the
				conclusion of a hearing, the Board shall issue its final order without the
				necessity of written comment from the General Counsel.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.330 - Appointment of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
In all public adjudicative hearings to be conducted by a
				  Hearing Officer, the General Counsel shall appoint the Hearing Officer and
				  shall serve notice of the appointment upon all parties in accordance with
				  Section
				  125.40. The
				  notice shall state the name, office address, and telephone number of the person
				  appointed as Hearing Officer. The General Counsel shall also provide to the
				  parties telephonic or telegraphic notice of the appointment of a Hearing
				  Officer as the circumstances of the proceeding may warrant.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.340 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
In adjudicative hearings, the Hearing Officer shall, after
				  receipt of notification of appointment, designate a time and place for the
				  public hearing, within any time limits as may be prescribed by law. The Hearing
				  Officer shall serve notice of the time and place of hearing upon all parties in
				  accordance with Section
				  125.40.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.350 - Discovery Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Discovery procedures may be ordered by the Hearing Officer upon the written
				request of any party, or upon the Hearing Officer's own motion, when necessary
				to expedite the proceedings, to ensure a clear and concise record, to ensure a
				fair opportunity to prepare for the hearing, or to avoid surprise at the
				hearing, and when the allowance of discovery procedures will not interfere with
				or impair the time requirements applicable to the proceeding.
1) Discovery may consist of the following:
A) production of documents or
				things;
B) depositions;
C) written interrogatories; and
D) requests for admissions of fact.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.360 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon application
				to the Hearing Officer by any party, or upon the request of the Hearing
				Officer, the General Counsel may issue a subpoena in the name of the Board for
				attendance at a deposition or hearing, which may include a command to produce
				books, papers, documents or tangible things designated in the subpoena and
				reasonably necessary to resolution of the matter under consideration, subject
				to the limitations on discovery prescribed by Section
				125.350. The Hearing Officer,
				upon motion, and in any event at or before the time specified in the subpoena
				for compliance, may quash or modify the subpoena if it is unreasonable or
				oppressive.
b) Every subpoena shall
				state the title of the action and shall command each person to whom it is
				directed:
1) to attend and give testimony at
				the time and place specified; and/or
2) to produce books, papers, documents or
				tangible things designated in the subpoena at the time and place
				specified.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.370 - Transcript of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
All proceedings at public hearings shall be recorded by a
				  certified court reporter but need not be transcribed unless requested by a
				  party, who shall pay for the transcription of the portion requested, except as
				  otherwise provided by the Board or by law. Any transcript will be retained
				  through and including the time allotted for appeal, rehearing or other manner
				  of review prior to final deposition as provided by the Board or by law. Before
				  the transcript is filed, the Hearing Officer shall notify the parties that the
				  transcript has been produced, shall receive corrections from any person, shall
				  examine the transcript for accuracy, and, within a reasonable time, shall
				  certify that it is a true and correct transcript of the hearing. Only after
				  that certification may the transcript be made available for public
				  inspection.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.380 - Official Record

Current through Register Vol. 48, No. 28, July 12, 2024
The transcript and the record offered in connection with the
				  hearing shall constitute the official record. The record in a public hearing
				  shall include:
a) pre-hearing records,
				if any;
b) all pleadings (including
				all complaints, answers, notices, motions, briefs and rulings);
c) evidence received;
d) a statement of matters officially
				noticed;
e) offers of proof,
				objections and rulings;
f) Findings
				of fact, Conclusions of Law and Recommendations of the Hearing
				Officer.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart C - PUBLIC ADJUDICATIVE HEARINGS › Section 125.390 - Briefs and Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
The parties may submit written briefs to the Hearing Officer
				  or the Board, as the case may be, within 5 days after the close of the hearing,
				  or within such other time as is consistent with the responsibility for decision
				  as required by law. Upon request at the time of submission of briefs or on its
				  own motion, the Board or the Hearing Officer may permit oral argument by the
				  parties.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.410 - Hearing Officer's Report

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the conclusion of the hearing held pursuant to Subpart
				  C, the Hearing Officer shall issue a written report that shall include findings
				  of fact, conclusions of law, and recommendations. This report shall be prepared
				  as soon as possible after the conclusion of the public hearing and shall be
				  transmitted to the Board, with a copy to the General Counsel.
a) Findings of Fact shall be based
				exclusively on the evidence presented at the hearing, including any matters
				officially noticed. Conclusions of law and recommendations shall be based upon
				a consideration of the record as a whole.
b) The General Counsel, after receipt of the
				Hearing Officer's report, shall promptly submit comments or opinion on the
				Hearing Officer's report to the Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.420 - Order of the Board; Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to any complaint disposed of
				by written stipulation, agreed settlement or consent order pursuant to Code
				Section 9-21, the Board will review the reports submitted by the Hearing
				Officer and the General Counsel, and any objections, briefs or memoranda filed
				by any party to the hearing, and shall issue its final order within the time
				specified in Code Section 9-21. If the hearing was extended by stipulation or
				order of the Hearing Officer pursuant to Section
				125.160, then the Board decision
				shall be issued:
1) within 3 business days
				after the Hearing Officer's report, if the complaint was filed within 60 days
				prior to an election and related to that election; or
2) within 60 days after the Hearing Officer's
				report in all other instances.
A) Oral
				argument before the Board prior to issuance of a final order or approval of a
				written stipulation, agreed settlement or consent order shall be permitted at
				the Board's discretion.
B) Evidence
				that was not proffered at the public hearing will be considered only if the
				proponent of the evidence demonstrates that the evidence was unavailable at the
				time of the public hearing, or if the Board determines, in its discretion, that
				evidence in the form of supplemental testimony prior to issuance of a final
				order or approval of a written stipulation, agreed settlement of consent order
				will provide undiscovered relevant testimony.
C) If permissible under the Open Meetings Act
				[5 ILCS
				120 ] the Board may consider, discuss and take final
				action on any final order, written stipulation, agreed settlement or consent
				order through a teleconference in lieu of an in-person meeting. Notice shall be
				given to the media in advance of the teleconference. The call shall be
				broadcast over speaker phone or other similar device at both the permanent and
				branch offices of the Board and the broadcast shall be open to the media and
				public. The entire conference shall also be recorded by a certified court
				reporter.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.430 - Enforcement Actions in the Circuit Court

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the Board, pursuant to Code
				Sections 9-21 and 9-23, has issued an order directing a person determined by
				the Board to be in violation of Article 9 or any rule or regulation adopted
				under that statute to cease or correct a violation or otherwise comply with
				Article 9, and the Board imposes a civil penalty for failure or refusal to
				comply with its order within the specified time, the Board will work with the
				Attorney General to enforce the civil penalty by filing with the Circuit Court
				a petition for an order to enforce collection of the penalty.
b) The Board may also petition the Circuit
				Court to issue an order compelling compliance with an order issued by the
				Board, or to restrain or prohibit a person who is engaging or has engaged in
				acts or practices that constitute a violation of any provisions of Article 9
				from engaging in those acts or practices.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.440 - Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
Any party affected by a final order of the Board, may file a
				  written motion to reconsider. The motion shall set forth in specific detail the
				  grounds alleged for reconsideration and must be filed with the Board not later
				  than 21 days after the effective date of the Board's order.
a) A Motion to Reconsider a Final Board Order
				imposing a civil penalty for a delinquently filed report or reports, when the
				respondent failed to timely file an appeal of the penalty, must state the
				reasons the respondent failed to submit an appeal in a timely manner and the
				basis for the appeal itself. Motions that fail to state these reasons and basis
				will be denied by the Board as failing to state adequate grounds for
				reconsideration of the final Board order.
b) Evidence not submitted by the respondent
				prior to the entry of the final order of the Board may be considered only at
				the Board's discretion.
c) Oral
				argument shall be permitted on the motion only at the Board's discretion.
				Failure of a committee to appear before the Board when the matter is scheduled
				for consideration waives the right of the party to make oral argument before
				the Board.
d) The Board may grant a
				Motion to Reconsider a Final Board Order imposing a civil penalty for a
				delinquently filed report or reports only if the Board determines that the
				reasons the respondent failed to submit an appeal in a timely matter are
				outside the control of the respondent or otherwise extraordinary, and the basis
				for the appeal is meritorious. The Board may grant a Motion to Reconsider a
				Final Board Order in other instances if reconsideration is necessary to correct
				an error of fact or law.
e) If
				permissible under the Open Meetings Act [5 ILCS
				120 ] the Board may consider, discuss and take action
				upon the motion through a teleconference in lieu of an in-person meeting.
				Notice shall be given to the media in advance of the teleconference, the call
				shall be broadcast over a speaker phone or other similar device at both the
				permanent and branch offices of the Board, and the broadcast shall be open to
				the media and public. The entire teleconference shall also be recorded by a
				certified court reporter.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.445 - Public Database of Founded Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
The public database of founded complaints required under
				  Section 9-23.5 of the Election Code applies only to complaints that have been
				  determined by the Board to have been filed upon justifiable grounds. The
				  database shall not include complaints that, upon completion of a closed
				  preliminary hearing, were determined by the Board not to have been filed upon
				  justifiable grounds. The searchable database of founded complaints shall
				  include, but not be limited to: case number, complainant, respondent, date the
				  complaint was filed, Section of the Code alleged to be violated, date of public
				  hearing, final board action and date of imposition of a penalty for violation
				  of final board action, if any.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart D - FINAL ORDERS › Section 125.450 - Settlement of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a civil penalty assessment imposed under Code Section 9-10 for delinquent
				filings represents an undue hardship for a committee, or the committee
				otherwise lacks the funds or the ability to raise funds to pay the assessment,
				the committee may submit a settlement offer to the Board using a form available
				on the Campaign Disclosure portion of the Board's website, or it may convey a
				settlement offer orally when the committee's case is called at a hearing before
				a Hearing Officer or the Board.
b)
				At its discretion, the Board may hear oral argument prior to ruling upon a
				settlement offer.
c) When
				determining whether to waive or reduce a fine, the Board will consider:
1) Whether the political committee made an
				attempt to disclose the contribution and any attempts made to correct the
				violation;
2) Whether the violation
				was inadvertent, knowing, or intentional;
3) Whether the violation is attributed to a
				clerical or computer error;
4) The
				amount of the contribution or total contributions in the report;
5) Whether the violation arose from a
				discrepancy between the date the contribution was reported and the date the
				contribution was received by a political committee;
6) The number of days the report was
				submitted late; and
7) Any prior
				violations.