reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.290 - Leave for Annual Military Reserve Training or Special Duty

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee who
				is a member of a reserve component of the Armed Services, the Illinois National
				Guard, or the Illinois Naval Militia shall be allowed leave with pay not to
				exceed one (1) full pay period annually without loss of any other accrued
				benfit.
b) If time required on any
				of the types of military service covered by this Section exceeds one (1) full
				pay period in any one fiscal year, the employee shall be granted additional
				leave without pay by the employing department, provided, however, that during
				periods of active service to meet emergencies as proclaimed by the Governor,
				the employee shall be granted a leave of absence with pay. Upon receiving the
				sum paid for such service under the Military Code of Illinois (Ill. Rev. Stat.
				1989, ch. 129, pars 220.001 et seq.), the employee shall submit the warrant, or
				its equivalent, to the department to be returned to the fund in the State
				Treasury from which the original agency payroll warrant was drawn. In the event
				the military pay is greater than the State compensation for the period of
				emergency call-up, the employee shall retain the military pay and return to the
				department the amount the agency paid the employee for the period.
c) An employee shall provide the department
				with certification by the commanding officer of the employee's unit that all
				leave time was used for the purpose for which granted.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.300 - Leave for Military Physical Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
Any employee drafted into military service shall be allowed
				  up to three (3) days leave with pay to take a physical examination required by
				  the draft. Upon request, the employee must provide the department with
				  certification by a responsible authority that the period of leave was actually
				  used for such purpose.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.310 - Election to Public Office

Current through Register Vol. 48, No. 28, July 12, 2024
Employees who are elected to public office shall, upon
				  request, be granted a leave of absence without pay for so long as they remain
				  elected public officers and they shall be returned to the same position from
				  which they were on leave or a comparable position providing they so request
				  within thirty (30) calendar days following termination of their elected
				  offices.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.315 - Disaster Service Leave

Current through Register Vol. 48, No. 28, July 12, 2024
Any employee, except those in temporary, emergency or per
				  diem status, who is a certified disaster service volunteer of the American Red
				  Cross may be granted leave with pay for up to 20 working days in any 12 month
				  period. The leave may be granted upon request of the American Red Cross and
				  approval of the Treasurer. Disasters must be disasters designated at Level III
				  and above occurring within Illinois.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.320 - Employee Rights After Leave

Current through Register Vol. 48, No. 28, July 12, 2024
When an employee returns from a leave of absence of six (6)
				  months or less, the department shall return the employee to the same or similar
				  position in the same class in which the employee was incumbent prior to the
				  commencement of the leave. Except for those leaves granted under Sections
				  630.270
				  and
				  630.280,
				  when an employee returns from a leave or leaves exceeding six (6) months and
				  there is no vacant position available to him/her in the same class in which the
				  employee was incumbent prior to the leave or leaves commencing, the employee
				  may be laid off without consideration of continuous service and, if laid off,
				  the employee's name shall be placed on the reemployment list.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.340 - Attendance in Court

Current through Register Vol. 48, No. 28, July 12, 2024
Any permanent employee called for jury duty or subpoenaed by
				  any legislative, judicial, or administrative tribunal shall be allowed time
				  away from work with pay for such purposes. Upon receiving the sum paid for jury
				  service or witness fee, the employee shall submit the warrant, or its
				  equivalent, to the department to be returned to the fund in the State Treasury
				  from which the original payroll warrant was drawn, provided, however, an
				  employee may elect to fulfill the call or subpoena on accrued time off or
				  personal leave and retain the full amount received for such service. Emergency
				  or temporary employees shall be allowed time off without pay for such purpose
				  and shall be allowed to retain the reimbursement received
				  therefor.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.350 - Holiday Observance

Current through Register Vol. 48, No. 28, July 12, 2024
Where employees are scheduled and required to work on a
				  holiday, equivalent time off will be granted within the following twelve (12)
				  month period at a time convenient to the employee and consistent with the
				  deparment's operating needs.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.360 - Holiday During Vacation

Current through Register Vol. 48, No. 28, July 12, 2024
When a holiday falls on an employee's regularly scheduled
				  work day during the employee's vacation period, an extra day shall be added to
				  the employee's vacation.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.370 - Eligibility for Holiday Pay

Current through Register Vol. 48, No. 28, July 12, 2024
To be eligible for holiday pay, the employee shall work the
				  employee's last scheduled work day before the holiday and first scheduled work
				  day after the holiday unless absence on either or both of these work days is
				  for good cause and approved by the Department head.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart B - LEAVES OF ABSENCE › Section 630.380 - Holidays - Regional or Special

Current through Register Vol. 48, No. 28, July 12, 2024
The Treasurer or the Director may grant employees full or
				  partial days off with pay to meet the unique needs of any region or area within
				  the State. Special time off shall not accrue to any other employee in any other
				  region or area of the State.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart C - VACATION › Section 630.410 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employees,
				except emergency and temporary, shall earn vacation time. No employee on leave
				of absence may earn vacation except when the leave was for the purpose of
				accepting a temporary working assignment in another class. Vacation accrual
				rates will be determined by the Director and shall be consistently applied to
				all employees.
b) Vacation time may
				be taken in increments of not less than one-half (1/2) day at a time, any time
				after it is earned, provided the employee has at least six (6) months of
				continuous service since the latest date of hire. Vacation time shall not be
				accumulated for more than twenty-four (24) months after the end of the calendar
				year in which it is earned.
c)
				Computation of vacation time of State employees who have interrupted continuous
				State service shall be determined as though all previous State service which
				qualified for earning of vacation benefits is continuous with present
				service.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart D - WORK SCHEDULES › Section 630.510 - Work Schedules

Current through Register Vol. 48, No. 28, July 12, 2024
Each supervisor or department head shall prepare a schedule
				  of working hours and work days pertaining to his/her work unit. Such schedule
				  shall set forth starting and quitting times, break times, lunch time, and the
				  work days that apply to the employees within his/her area of supervision. Work
				  schedules shall be submitted to the Director for his approval. Upon approval,
				  the schedules shall be posted and complied with by all of the employees within
				  the work unit.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart E - OVERTIME › Section 630.610 - Overtime

Current through Register Vol. 48, No. 28, July 12, 2024
For those positions determined by the Director to be covered
				  by the Fair Labor Standards Act (
				  29
				  U.S.C. 201 et seq.), authorized work in
				  excess of an approved work schedule shall be overtime. Such work may be
				  compensated in cash or compensatory time as determined by the department.
				  Overtime work shall be distributed as equitably as possible among qualified
				  employees competent to perform the services required when overtime is required.
				  Employees shall be given as much advance notice as possible. Except where
				  required by law, time spent in travel shall not be considered
				  overtime.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart E - OVERTIME › Section 630.620 - Compensatory Time

Current through Register Vol. 48, No. 28, July 12, 2024
An employee's overtime accumulation shall be liquidated by
				  the utilization of compensatory time off when such utilization is practical.
				  Where the approved work schedule is less than a forty (40) hour work week,
				  overtime shall be compensated as a straight time rate. Work in excess of a
				  forty (40) hour week shall be compensated at time and
				  one-half.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart E - OVERTIME › Section 630.630 - Compensatory Time Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
Compensatory time shall be scheduled as often as possible at
				  the employee's preference excepting in those circumstances where, with
				  reasonable certainty, such absence would be harmful to the operation of his/her
				  work unit (e.g., another agency's payroll would be delayed because of the
				  employee's absence).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart E - OVERTIME › Section 630.640 - Overtime Compensation in Cash

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever it is not practical to liquidate an employee's
				  overtime with compensatory time off, the employee shall be reimbursed in cash.
				  Such payment shall be paid at the straight-time rate for work in excess of the
				  approved work schedule but less than a forty (40) hour work week. Work in
				  excess of a forty (40) hour work week shall be paid at time and
				  one-half.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 630 - CONDITIONS OF EMPLOYMENT › Subpart E - OVERTIME › Section 630.660 - Overtime Payable Upon Death

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the death of an employee, the person or persons
				  specified in Section 14a of "AN ACT in relation to State finance" (Ill. Rev.
				  Stat. 1989, ch. 127, par. 150a), as now or hereafter amended, shall be entitled
				  to receive, from the appropriation for personal services available for payment,
				  the sum of the employee's compensation for accrued overtime which would have
				  been paid or allowed to such employee had the employee
				  survived.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.110 - Public Records

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided in this Part, all records of the
				Department of Personnel in the Office of the Treasurer (Department) including
				eligible lists shall be public records and shall be available for inspection on
				written request to the Director of the Department (Director) in accordance with
				the Freedom of Information Act (Ill. Rev. Stat. 1989, ch. 116, pars. 201 et
				seq.).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.120 - Time and Manner of Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The records of the Department shall be available for inspection during
			 regularly scheduled hours of work. Such records may be inspected only in the
			 presence of an authorized employee of the Department.
b) In the event the working conditions or the
			 number of persons inspecting such records or the volume of records to be
			 inspected interfere with the operations of the Department, the Director may
			 schedule appointments for the inspection of such records.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.130 - Employee Roster Files

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall establish and maintain personnel files for
				employees subject to the State Treasurer Employment Code (Code) (Ill. Rev.
				Stat. 1989, ch. 130, pars. 101 et seq.), pursuant to Section 6(c) of the Code,
				showing the name, sex, county of residence, date of original appointment to
				service, date of promotions, demotions, transfers, and other transactions,
				present position title, status, salary, and the operating department to which
				the employee is assigned.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.140 - Confidential Records

Current through Register Vol. 48, No. 28, July 12, 2024
The following records of the Department of Personnel shall be
				confidential and not available to public inspection:
a) Personnel history of employee. The
			 employee or authorized agent may inspect the employee's personnel history and
			 personnel file, if authorized is in writing and signed by employee.
b) Reports of medical, psychological, and
			 psychiatric examinations. An employee may inspect all reports pertaining to
			 him/her.
c) All parts of
			 examinations. An employee or applicant may inspect his/her own answer
			 sheet.
d) The identity, complete
			 questionnaire, and other documents related to salary surveys. Results of salary
			 surveys shall be available.
e) No
			 records of personnel transactions including requisitions and referrals will be
			 made available until the transactions have been completed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.160 - Notification of Absence

Current through Register Vol. 48, No. 28, July 12, 2024
An employee shall, whenever possible, provide advance notice of
				absence from work. Absence of an employee for five (5) consecutive days without
				reporting to the department may be cause for discharge.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.180 - Undated Forms

Current through Register Vol. 48, No. 28, July 12, 2024
No supervisor or other person in a position of authority shall
				demand or request that an employee sign, nor shall any employee be required to
				sign, an undated resignation or any blank form. Any such demand shall entitle
				the employee to immediate appeal to the Director.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.190 - Incomplete Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Any information placed on a form or any modification of
				alteration of existing information made on a form subsequent to having been
				signed by an employee shall be null and void as it may effect the employee, the
				employee's position, or condition of employment. Any employee required to sign
				any form prepared pursuant to this Part shall be given a copy of it at the time
				the employee's signature is affixed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.210 - Portability of Certain Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
Sick leave earned but not taken by employees in the course of
				employment not subject to the Code shall be deemed to have been earned by them
				at the time they become subject to the jurisdiction to the extent the benefits
				are provided and would have been earned pursuant to the rules of the Office (80
				Ill. Adm. Code 610, 620, 630, and 640).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.220 - Effective Date of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
This Part and any amendments shall become effective upon filing
				with the Secretary of State, Administrative Code Division, pursuant to the
				provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991,
				ch. 127, pars. 1001-1 et seq.).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.230 - Savings Clause

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section or subsection of any Section of this Part shall
				be held invalid, the remaining provisions of the Part shall have, and shall be
				given, full force and effect as completely as if the invalidated Section or
				subsection had not been included therein.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 640 - GENERAL PROVISIONS › Section 640.240 - Interpretation and Application of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Personnel shall determine the proper
				interpretation and application of each Section and Part promulgated by the
				Department of Personnel. The decision of the Director as to the proper
				interpretation or application of any Section or Part shall be final and binding
				upon all departments and employees affected unless or until modified by the
				Review Board or the courts. All departments and employees shall comply with the
				Director's decision in the absence of a written opinion of the Attorney General
				or a written directive of the Review Board declaring the Director's decision to
				be unlawful.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The term "Act"
			 shall mean the Illinois Educational Labor Relations Act [115 ILCS 5
			 ].
b) This Part incorporates the
			 definitions contained in Section 2 of the Act.
c) The term "incumbent employee organization"
			 or "incumbent exclusive representative" shall mean the existing exclusive
			 representative of the employees in the bargaining unit.
d) The term "charging party" shall mean the
			 person who files an unfair labor practice charge.
e) The term "respondent" shall mean the party
			 named in an unfair labor practice charge or complaint as having allegedly
			 committed the unfair labor practice.
f) The term "scheduled start of the
			 forthcoming school year" shall mean the first date scheduled for student
			 attendance for that year.
g) The
			 term "professional instructional personnel" shall mean, in the case of a public
			 school district, any employee whose position requires a certificate issued
			 pursuant to Article 21 of the School Code [105 ILCS 5 /Art.21].
h) The term "professional instructional
			 personnel" shall mean in the case of an employer other than a public school
			 district, any employee whose position includes or could include the provision
			 of academic instruction to students.
i) The term "legal holiday" shall mean a
			 "legal school holiday" as specified in Sec. 24-2 of the School Code (not to
			 include "special holidays" or "commemorative holidays"), or a holiday observed
			 by the Board.
j) The term
			 "representation petition" shall include both a petition seeking recognition as
			 exclusive representative through an election and a petition seeking recognition
			 as exclusive representative through the Board's card check procedures (majority
			 interest petition).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.30 - Computation and Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) In computing any period of time prescribed
			 by the Act or this Part or 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80
			 Ill. Adm. Code 1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130, and 80
			 Ill. Adm. Code 1135, except for objections to an election, the day of the act,
			 event, or default after which the designated period of time begins to run shall
			 not be included. The last day of the period so computed shall be included. If
			 the last day of the period so computed falls on a Saturday, Sunday or legal
			 holiday, the time period shall be automatically extended to the next day that
			 is not a Saturday, Sunday or legal holiday.
b) When a time period prescribed under the
			 Act or 80 Ill. Adm. Code: Subtitle C, Chapter III is less than seven days,
			 intervening Saturdays, Sundays or legal holidays shall not be included. Time
			 periods shall otherwise be calculated according to calendar days.
c) Whenever a time period begins running upon
			 the service of notice or other document upon a party, and service is effected
			 by first class mail, three days shall be added to the prescribed period.
			 However, three days shall not be added if any extension of time has been
			 granted.
d) In all proceedings
			 before the Board, extensions of time will be granted only upon timely written
			 motion to the General Counsel, if the matter is before the members of the
			 Board, or the presiding hearing officer if the matter is before a hearing
			 officer, and only upon a specific showing that compliance with the deadline
			 would be unduly burdensome for the party seeking the extension, and the
			 extension will not unduly delay the proceeding (undue delay to be determined by
			 factors including the length of the requested extension, the length of time the
			 matter has been pending, whether the party has previously requested extensions
			 and the impact of delay on other parties).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.60 - Representation of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to any restrictions on the unauthorized practice of
				law, a party may be represented by counsel or any other representative of the
				party's choosing. The representative shall file a notice of appearance with the
				Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.70 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) All subpoenas
			 shall be issued by the Board upon written application of a party to the
			 Administrative Law Judge or hearing officer, or, in the event that an
			 Administrative Law Judge or hearing officer has not been named, to the General
			 Counsel. The application shall contain the name and address of the party and
			 its representative, the name of the person to be subpoenaed, and, when
			 applicable, a description of any documents to be produced.
b) A person objecting to the subpoena,
			 including a subpoena duces tecum, may file a motion to revoke the subpoena. Any
			 motion to revoke a subpoena shall be filed with the hearing officer or
			 Administrative Law Judge or, in the event that a hearing officer or
			 Administrative Law Judge has not been named, with the General Counsel. The
			 motion must be filed by the date on which the person is required to appear or
			 the documents are to be produced, and, in any event, no later than five days
			 after service of the subpoena. Grounds for revocations of subpoenas shall
			 include such factors as irrelevance, burdensomeness of compliance, or
			 privilege.
c) Witnesses appearing
			 at a hearing pursuant to subpoenas are entitled to the same fees and mileage as
			 are allowed witnesses in civil cases in the courts of the State of Illinois,
			 pursuant to Section
			 4.3 of the Circuit
			 Courts Act [ 705 ILCS 35 ]. Witness fees and mileage shall be paid by the party
			 at whose request the subpoena was issued.
d) A subpoena duces tecum shall specify the
			 date for production of the documents. If the date so specified is other than at
			 the hearing, the date specified for production shall be a date in advance of
			 the hearing, which shall be no less than 10 days after the receipt of the
			 subpoena by the person or entity to whom it is directed.
e) A party may be awarded its costs and
			 reasonable attorney's fees incurred in seeking enforcement of a subpoena when
			 the noncompliant party has, in refusing to comply with the subpoena, made
			 allegations or denials without reasonable cause that are found to be untrue or
			 has engaged in frivolous litigation for the purpose of delay or needless
			 increase in the cost of litigation.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.80 - Limitation on Practice Before the Board by Former Employees

Current through Register Vol. 48, No. 28, July 12, 2024
No person who has been a Board member or an employee of the
				Board shall engage in practice before the Board or its agents in any respect in
				connection with any case or proceeding in which he participated which was
				pending during the time of his membership on the Board or employment with the
				Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.90 - Amicus Curiae

Current through Register Vol. 48, No. 28, July 12, 2024
Amicus Curiae briefs may be filed by leave of the Board, or at
				the request of the Board. A motion for leave to file an amicus curiae brief
				will state the reasons why an amicus curiae brief is desirable. The Board's
				standards by which to grant leave to file an amicus brief will include the
				importance of the issue presented, the general application of the issue
				presented and the need perceived by the Board for additional briefing on the
				issue presented. The amicus curiae brief shall conform to any conditions
				imposed by the Board for briefs in the case in which the brief is filed. The
				amicus curiae brief shall be filed on or before the due date of the initial
				brief of the party whose position it supports. Amicus curiae parties will be
				invited to participate in oral arguments heard by the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.105 - Qualifications of Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
In all contested case hearings, the Hearing Officer shall be an
				administrative law judge. The administrative law judge shall be an attorney
				licensed to practice law in Illinois. The administrative law judge shall be an
				employee of the Board or an individual hired by contract with the Board for the
				purpose of conducting a particular hearing.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.110 - Conflict of Interest

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to the issuance of the recommended decision
				and order, a party may move to disqualify the administrative law judge on the
				grounds of bias or conflict of interest. The motion shall be submitted in
				writing to the General Counsel, with a copy to the administrative law judge,
				setting out the specific instances of bias or conflict of interest. An adverse
				decision or ruling, in and of itself, is not grounds for disqualification. The
				General Counsel may decline to disqualify the administrative law judge or
				appoint another administrative law judge to hear the case.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.130 - Board Meeting Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 quorum of Board members is physically present at a Board meeting, a Board
			 member may be allowed to attend by video or audio conferencing if that Board
			 member cannot be physically present at the meeting because of personal illness
			 or disability; employment purposes or the business of the public body; or a
			 family or other emergency. The Board member must provide advance notice to the
			 Chair of the Board unless advance notice is impractical.
b) After the Board has considered pending
			 cases, members of the public shall be permitted to address the Board during the
			 open portion of a Board meeting on subjects relevant to the Board's functions.
			 The comments by each member of the public shall be limited to a reasonable
			 period of time, not to exceed five minutes unless the Board gives
			 permission.
c) Any person shall be
			 permitted to photograph, tape, film or otherwise record the open portions of
			 Board meetings. Persons may be required to locate their cameras or other
			 recording devices at a sufficient distance from the Board members as is
			 necessary to avoid interference with the Board's discussion.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.10 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart details the procedures that will be followed in
				  hearings that deal with issues related to the holding of an election,
				  challenged ballots, amendment of certification or unit clarification, pursuant
				  to Section 7 of the Illinois Educational Labor Relations Act [115
				  ILCS 5/7 ] (the Act), and 80 Ill. Adm. Code
				  1110.100.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.30 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer shall have the duty to conduct a fair
				  hearing, to ensure development of a clear and complete record, to take all
				  necessary action to avoid delay, and to maintain order. The hearing officer
				  shall have all powers necessary to these ends including (but not limited to)
				  the authority to:
a) Require
				submission of exhibits before the hearing;
b) Require all parties to state in writing
				their positions with respect to issues, and to submit pre-hearing information,
				including a list of all exhibits to be offered by each party in their case in
				chief and a copy of each such exhibit, stipulations as to the authenticity and
				business record status of each such exhibit, and the estimated time proposed
				for the party's case in chief. Parties submitting pre-hearing information
				specified above must serve that information on all other parties;
c) Administer oaths and affirmations or
				direct the administration of oaths and affirmations by the court reporter
				transcribing the hearing;
d)
				Examine witnesses, direct witnesses to testify, call or subpoena witnesses not
				offered by the parties, and examine such witnesses;
e) Rule upon offers of proof and receive
				evidence and rule upon objections to the introduction of evidence;
f) Regulate the proceedings of the case, and
				the conduct of the parties and their counsel, including (but not limited to)
				determining the order in which the parties shall present evidence after
				considering the parties' relative access to relevant evidence;
g) Enter, on his own motion or motion of a
				party, such orders as are just when a party fails to comply with any order
				entered under 80 Ill. Adm. Code 1100, 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code
				1110, 80 Ill. Adm. Code 1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130
				and 80 Ill. Adm. Code 1135;
h)
				Establish reasonable limits on the frequency and duration of the testimony of
				any witness and limit repetitious or cumulative testimony;
i) Establish reasonable time limits and
				guidelines for opening or closing statements based upon the number and
				complexity of the issues;
j)
				Establish deadlines and limitations for the filing of post-hearing briefs,
				including (but not limited to) requiring each party to elect between offering
				closing arguments or submitting post-hearing briefs simultaneously on a date
				set by the hearing officer; and
k)
				Issue decisions pursuant to Section
				1105.80
				of this Subpart.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.40 - Rights of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) All parties
				to a representation hearing shall have the following rights:
1) To appear on their own behalf or to be
				represented in accordance with 80 Ill. Adm. Code
				1100.60;
2) To offer evidence through the testimony of
				witnesses or through exhibits;
3)
				To request subpoenas in order to subpoena witnesses or documents for the
				hearing;
4) To question witnesses
				offered by other parties or the hearing officer;
5) To object to testimony or exhibits offered
				by other parties or the hearing officer; and
6) To make opening statements and to make
				either closing statements or submit post-hearing briefs simultaneously, subject
				to any limitation established by the hearing officer pursuant to Section
				1105.30
				of this Subpart.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.50 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				under this Subpart shall be public.
b) All witnesses shall be sworn.
c) All testimony shall be recorded
				stenographically, or by other means which adequately preserve the record. The
				parties shall be responsible for obtaining their own copies of the transcript
				from the reporter. In the event that a party wishes to correct a transcription
				error in the transcript, the party shall notify the hearing officer in writing
				within seven days of receipt of the transcript and shall simultaneously serve a
				copy of that notification upon all other parties.
d) A party tendering an exhibit for
				identification or admission into evidence shall be responsible for providing
				the original and three copies of the exhibit to the hearing officer and one
				copy to each other party at the time that the exhibit is tendered.
e) The hearing record in all non-adversarial
				proceedings shall include:
1) All petitions
				(excluding showing of interest submitted pursuant to 80 Ill. Adm. Code 1110),
				motions, briefs, exceptions, and rulings or decisions by the hearing
				officer;
2) All evidence received
				by the hearing officer;
3) A
				statement of all matters of which official notice has been taken;
4) Offers of proof, objections, and rulings
				thereon;
5) Proposed findings of
				fact and conclusions of law; and
6)
				Any ex parte communications prohibited by Section 10-60 of the Illinois
				Administrative Procedure Act [5 ILCS
				100/10-60 ], but such communications shall not form
				the basis for any finding of fact.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.60 - Admissible Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Officer shall follow the rules of evidence as applied in the courts of Illinois
				pertaining to civil actions. In addition, the Hearing Officer will receive
				evidence which is material, relevant, and would be relied upon by reasonably
				prudent persons in the conduct of their affairs provided that the rules
				relating to privileged communications and privileged topics shall be
				observed.
b) Evidence may be
				presented in the form of testimony, exhibits, or stipulations.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart A - NON-ADVERSARIAL PROCEEDINGS › Section 1105.70 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer and the Board may take official notice of
				  all facts of which Illinois courts may take judicial notice and of other facts
				  within the specialized knowledge and experience of the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.90 - General Statement of Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The rules in this Subpart detail the procedures that will be
				  followed in hearings on election objections and unfair labor practice charges
				  pursuant to Sections 8, 14, and 15 of the Act and 80 Ill. Adm. Code
				  1110.50
				  and
				  1120.10 through
				  1120.60.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.100 - Setting of Contested Case Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where the Executive Director has issued a
				complaint on an unfair labor practice charge pursuant to Section 15 of the Act
				and 80 Ill. Adm. Code
				1120.30
				or a finding of probable cause with respect to an election objection pursuant
				to Section 8 of the Act and 80 Ill. Adm. Code
				1110.150, a
				hearing shall be scheduled. Unfair labor practice charges and election
				objections having a common nucleus of operative facts shall be consolidated for
				purposes of hearing.
b) Complaints
				will issue or probable cause will be found when the investigation has disclosed
				adequate credible statements, facts, or documents which, if substantiated, and
				not rebutted in a hearing, would constitute sufficient evidence to support a
				finding of a violation of the Act. Issuance of a complaint or finding of
				probable cause that objectionable conduct occurred by the Executive Director is
				not a decision that an unfair labor practice or objectionable conduct has in
				fact occurred.
c) When such a
				hearing is necessary, the Executive Director shall appoint an Administrative
				Law Judge. When the Executive Director issues a Complaint and Notice of
				Hearing, the parties shall be given at least seven days' notice of the hearing.
				That notice and the complaint or finding of probable cause shall include:
1) The name of the Administrative Law
				Judge;
2) The location, date and
				time of the hearing;
3) A statement
				of the legal authority and jurisdiction under which the hearing is to be
				held;
4) A reference to the
				particular Section of the Act and the rules of the Board involved;
				and
5) A brief statement of the
				nature of the matters at issue.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.110 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The party filing
				an unfair labor practice charge or election objection shall be designated the
				complainant. Any adverse party shall be designated the respondent.
b) Misnomer of a party shall not be grounds
				for dismissal; the name of any party may be corrected at any time.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.120 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer shall have the duty to conduct a fair
				  hearing, to take all necessary action to avoid delay, to maintain order and to
				  ensure development of a clear and complete record. The Hearing Officer shall
				  have all powers necessary to these ends including (but not limited to) the
				  authority to:
a) Hold pre-hearing
				conferences for settlement, simplification of the issues, or any other related
				purposes;
b) Enter, on his own
				motion or motion of a party, such orders as are just when a party fails to
				comply with any order entered under 80 Ill. Adm. Code 1100, 80 Ill. Adm. Code
				1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code 1120, 80 Ill. Adm. Code 1125,
				80 Ill. Adm. Code 1130 and 80 Ill. Adm. Code 1135.
c) Regulate the proceedings of the contested
				case and the conduct of the parties and their counsel;
d) Administer oaths and affirmations or
				direct the administration of oaths and affirmations by the court reporter
				transcribing the hearing;
e) Rule
				upon offers of proof and receive evidence and rule upon objections to the
				introduction of evidence;
f)
				Examine witnesses and direct witnesses to testify ;
g) Establish reasonable time limits and
				guidelines for opening and closing statements based upon the number and
				complexity of the issues;
h)
				Establish deadlines and limitations for the filing of post-hearing briefs,
				including (but not limited to) requiring each party to elect between offering
				closing arguments or submitting post-hearing briefs simultaneously on a date
				set by the Hearing Officer;
i)
				Except as otherwise provided, consider and rule as justice may require upon
				motions appropriate to an adjudicative proceeding;
j) On motion of a party, to amend a complaint
				before the hearing concludes to conform to the evidence presented in the
				hearing; and
k) Issue decisions
				subject to appeal to the Board.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.140 - Pre-Hearing Memorandum

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				parties shall each file written pre-hearing memoranda with the Administrative
				Law Judge not less than seven days before the hearing. The pre-hearing
				memoranda shall include:
1) A list of all
				exhibits to be offered by each party, and a statement that the parties have
				exchanged these exhibits;
2)
				Objections to the authenticity of any of the exhibits tendered by all other
				parties, and the status of any of the exhibits as business records;
3) A list of proposed witnesses, an estimate
				of the time that will be required for the direct examination of those
				witnesses, and a summary of the matters to which they will testify;
4) A joint statement of the uncontested
				material facts.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.150 - Rights of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
All parties to a contested case hearing shall have the
				  following rights:
a) To appear on their
				own behalf or to be represented in accordance with 80 Ill. Adm. Code
				1100.60;
b) To offer evidence through the testimony of
				witnesses or through exhibits;
c)
				To request subpoenas in order to subpoena witnesses or documents for the
				hearing;
d) To question witnesses
				offered by other parties;
e) To
				object to testimony or exhibits offered by other parties; and
f) To make opening statements and to make
				either closing statements or submit post-hearing briefs simultaneously subject
				to any limitation established by the Hearing Officer pursuant to Section
				1105.100
				of this Subpart.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.160 - Order of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following shall be the order of all contested case hearings, subject to
				modification by the Administrative Law Judge for good cause:
1) Presentation, argument, and disposition of
				motions preliminary to a hearing on the merits of the matters raised in the
				complaint;
2) Presentation of
				opening statements;
3)
				Complainant's case-in-chief;
4)
				Respondent's case-in-chief;
5)
				Complainant's case-in-rebuttal;
6)
				Complainant's closing argument, which may include legal argument;
7) Respondent's closing argument, which may
				include legal argument;
8)
				Complainant's rebuttal argument, which may include legal argument;
9) Presentation and argument of motions
				regarding removal of the case to the Board pursuant to 80 Ill. Adm. Code
				1120.40,
				where applicable; and
10) A
				schedule of submission of briefs to the Administrative Law Judge or Board
				pursuant to 80 Ill. Adm. Code 1120.40.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.170 - Conduct of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All hearings
				under this Subpart shall be public.
b) All witnesses shall be sworn.
c) All testimony shall be recorded
				stenographically or by other means which adequately preserve the record. The
				parties shall be responsible for obtaining their own copies of the transcript
				from the reporter. In the event that a party wishes to correct a transcription
				error in the transcript, the party shall notify the Hearing Officer in writing
				within seven days of receipt of the transcript and shall simultaneously serve a
				copy of that notification upon all other parties.
d) A party tendering an exhibit for
				identification or admission into evidence shall be responsible for providing
				the original and three copies of the exhibit to the Hearing Officer and one
				copy to each other party at the time that the exhibit is tendered.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.190 - Admissible Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Officer shall follow the rules of evidence as applied in the courts of Illinois
				pertaining to civil actions. In addition, the Hearing Officer will receive
				evidence which is material, relevant, and would be relied upon by reasonably
				prudent persons in the conduct of their affairs provided that the rules
				relating to privileged communications and privileged topics shall be
				observed.
b) Evidence may be
				presented in the form of testimony, exhibits, or stipulations.