Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.440 - Fact-Finding Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice.
				As part of its investigation, the Department may convene a fact-finding
				conference for the purpose of obtaining evidence, identifying the issues in
				dispute, ascertaining the positions of the parties and exploring the
				possibility of a negotiated settlement. Notice of the conference shall be given
				to all parties at least ten days prior thereto, and shall identify the
				individuals requested to attend on behalf of each party. These time provisions
				may be waived by agreement of the parties and the Department.
b) Attorneys, Witnesses. A party may be
				accompanied at a fact-finding conference by his/her attorney or other
				representative, and by a translator if necessary. An attorney for a party not
				previously having entered an appearance must do so at the beginning of the
				conference. The parties may bring witnesses to the conference in addition to
				those whose attendance is mandated by the Department.
c) Conduct. The investigator or other
				employee of the Department shall conduct the conference and control the
				proceedings. No tape recording, stenographic report or other verbatim record of
				the conference can be made. The investigator shall decide which witnesses shall
				be heard and the order in which they are heard. The investigator may exclude
				witnesses and other persons from the conference, except that each party and one
				representative and a translator shall be permitted to remain.
d) Dismissal or Default for Non-attendance.
1) For charges filed before January 1, 1996,
				the failure of a party to attend the conference without good cause after due
				notice may result in dismissal of the charge pursuant to Section
				2520.560 of this Part,
				in the case of a complainant, or default pursuant to Section
				2520.570 of this Part, in
				the case of a respondent. For charges filed on or after January 1, 1996, the
				failure of a party to attend the conference without good cause after due notice
				shall result in dismissal of the charge pursuant to Section
				2520.560 of this Part,
				in the case of a complainant, or default pursuant to Section
				2520.570 of this Part, in
				the case of a respondent.
2) A
				party who appears at the conference exclusively through an attorney or other
				representative unfamiliar with the events at issue shall be deemed to have
				failed to attend, unless, with respect to a respondent, it establishes that it
				does not employ or control any person with knowledge of the events at
				issue.
3) Failure to Appear
A) Pursuant to this Section and Section
				7A-102(C)(4) of the Act, good cause for failing to attend the fact-finding
				conference may include, but shall not be limited to:
i) death or sudden, serious illness of a
				party scheduled to attend the fact finding conference; or
ii) death or sudden, serious illness of an
				immediate family member of a party scheduled to attend the fact finding
				conference; or
iii) the party acted
				with due diligence and was not deliberate or contumacious and did not
				unwarrantedly disregard the fact-finding conference process, as supported by
				affidavit or other evidence; or
iv)
				circumstances beyond the non-attending party's control, as supported by
				affidavit or other evidence.
B) If more than one person from a party is
				scheduled to attend the fact-finding conference, the inability of one person to
				attend shall not constitute good cause for failure of other persons to
				attend.
4) In assessing
				good cause, the factors which the Department may consider shall include, but
				shall not be limited to, whether the party has provided timely notice of its
				inability to attend the fact-finding conference and whether the party has
				complied with the Department's request for documentation of the reason for not
				attending the conference.
5)
				Whether good cause exists and whether a fact-finding conference is rescheduled
				are in the sole discretion of the Department.