reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.50 - Orders of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission may, from time to time, review and investigate personnel policies,
			 actions, or activities and administrative practices to insure that they are in
			 compliance with the Code. Such review and investigation will be utilized by the
			 staff in rendering reports to the Commission.
b) Findings by the Commission of probable
			 discrepancies with respect to the Code or Rules, when communicated in writing
			 to the Director and the appropriate Department or Division head, are considered
			 as an order to the Director either to correct the probable discrepancy or to
			 furnish an explanation to support a conclusion that a probable discrepancy does
			 not exist. If, within 30 calendar days after receipt of such order, neither
			 appropriate corrective action has been initiated nor a satisfactory explanation
			 has been submitted by the Director, the Commission shall record such violations
			 in the Minutes of its meeting and take such other action as is appropriate to
			 correct such violations.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.60 - Disciplinary Hearings and Demotions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certified employee who has been served
			 with written charges approved by the Director for removal, discharge, demotion,
			 or suspension for a period of more than 30 calendar days within a twelve month
			 period may appeal to the Merit Commission provided such appeal is made in
			 writing and received by the Commission within 15 calendar days after service of
			 such approved charges.
b) Charges
1) Written charges approved by the Director
			 seeking an employee's discharge, demotion, or suspension totaling more than 30
			 calendar days in any twelve month period shall contain a specific statement of
			 facts which allege the cause for the proposed action sought against the
			 employee. If a breach of a statutory duty or a rule of the agency is alleged,
			 the statute or rule shall be cited in connection with the charge.
2) Charges shall be set forth in separately
			 numbered paragraphs and contain the dates, names of persons, places, and facts
			 necessary to properly allege cause. Charges must be specific enough to apprise
			 the employee of the nature and substance of the cause alleged for the
			 disciplinary action.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.70 - Geographical Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing
			 Requirements
1) A certified employee who has
			 been served with an approved order for geographical transfer, may appeal to the
			 Merit Commission provided such appeal is made in writing and received by the
			 Commission within 15 calendar days after the date the employee is required to
			 report to the new location.
2)
			 Under normal circumstances, a temporary transfer of an employee for a period in
			 excess of 60 calendar days will be considered a permanent transfer, enabling
			 the employee to then appeal such transfer without regard to Section
			 50.70(a)(1)
			  herein.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.90 - Layoff Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) A certified employee who has been laid off
			 may appeal to the Merit Commission, provided said appeal is made in writing
			 within 15 calendar days after the effective date of layoff.
2) The appeal shall set forth both the
			 provisions of the Merit Employment Code and/or Personnel Rules which are
			 alleged to have been violated and a brief recitation of the facts of said
			 violation.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.100 - Personnel Code and Personnel Rule Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certified employee who believes that a
			 personnel transaction has been falsely labeled in an attempt to deprive the
			 Commission of its lawful jurisdiction, or who believes that a personnel
			 transaction adversely affecting him violates either the Code or the Personnel
			 Rules, may within a period of 15 calendar days after receiving actual notice of
			 such violation or falsely labeled transaction appeal in writing to the
			 Commission.
b) The appeal must
			 allege specific facts which if proven would establish a prima facie case that
			 the personnel transaction named was a falsely labeled transaction, or that the
			 Code or a Personnel Rule was violated in an attempt to deprive the employee of
			 his/her rights under the Code or Rules. Any appeal which fails to allege
			 sufficient and specific facts to support the allegation may be summarily
			 dismissed by the Commission.
c) The
			 Commission may make its decision on the appeal after an investigation of the
			 allegations if sufficient non-controverted facts exist, or it may order a
			 hearing on any disputed issue of fact or law. In any hearing called under the
			 provisions of this Section to resolve a dispute of fact, the employee has the
			 burden of establishing by the introduction of competent evidence a prima facie
			 case proving that the alleged violation took place.
d) Nothing in this Section shall be construed
			 to preclude employees from timely asserting any other rights given to them
			 under the provisions of the Code or Personnel Rules.
e) Unless inconsistent with this Section, the
			 procedures of Section
			 50.110
			 shall apply to this Section.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.110 - Record of Hearings and General Procedural Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing and Form of Papers
1) The original copy of any complaint,
			 appeal, pleading, written motion, notice or other documents shall be on 81/2 x
			 11 paper and shall be filed in the Office of the Commission. Documents shall be
			 signed in ink by the party filing them or by his representative and contain the
			 address and telephone number of the party, or, if represented, the name,
			 business address and telephone number of such representative.
2) Copies of all filed documents shall be
			 served on all known parties to proceedings, and notice of such service shall be
			 given to the Commission.
3) For the
			 purpose of determining the timeliness of filing only, "receipt" is herein
			 defined to mean either personal delivery or date of postmark when deposited in
			 the U.S. mail, in a sealed envelope, with postage prepaid, and properly
			 addressed. If the last date for filing falls upon a weekend or legal holiday,
			 the last date for filing is the first business day following such weekend or
			 legal holiday.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.120 - Authority of the Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Officer appointed by the Commission shall have the
				authority to conduct hearings in accordance with generally recognized
				administrative law precepts, and in connection therewith to hold pre-hearing
				conferences, to administer oaths, to examine witnesses, to make rulings on
				motions, and to issue orders subject to Commission review. He/she shall also
				have authority to rule on any substantive or procedural matter not covered
				within this Part, such rulings to be subject to the final review of the
				Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.130 - Authority of Commission Over Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Until the decision in a case is final, if
			 the Commission determines, by majority vote, that an error made by the hearing
			 officer necessitates obtaining additional evidence in order to correct the
			 error, the Commission shall remand it to the Hearing Officer.
b) The Commission shall have the authority to
			 affirm, reverse, modify or set aside in whole or in part the rulings, orders,
			 decisions, or recommendations of the Hearing Officer. In the exercise of this
			 authority, the Commission shall abide by its own Rules set forth in this Part
			 and the public policy of the State of Illinois as defined in Section
			 50.30 b6
			 herein.
c) A decision shall become
			 final on the date such decision is executed in writing with the concurrence of
			 at least two members at a public meeting.
c)
			 [(d)] Motions made after the proposal for decision has been
			 forwarded to the parties shall be ruled upon by the Commission prior to the
			 rendering of the final decision, provided said motion is filed in accordance
			 with Section
			 50.110(s)(2).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.140 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
When the Commission renders a final decision any party affected
				thereby is entitled to have such decision reviewed by the Circuit Court under
				the "Code of Civil Procedure" (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et
				seq.) by filing a complaint and causing the issuance of summons on the
				administrative agency and on each of the other defendants within 35 calendar
				days from the date that a copy of such decision sought to be reviewed was
				served upon him/her.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.150 - Extension of Hearing Dates

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to the powers vested in him by Public Act 101-640, the
				Secretary of State hereby extends for the duration of the disaster proclaimed
				by the Governor in Gubernatorial Proclamation number 2020-038 issued on March
				9, 2020, as extended by subsequent disaster proclamations, and for a period of
				90 days thereafter, the date for all hearings conducted pursuant to Section 9
				of the Secretary of State Merit Employment Code. This extension period may be
				rescinded by the Secretary of State through the adoption of an emergency
				rulemaking.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Allocation: Proper assignment of any position to a
				class.
Certified Employee: An employee who has successfully completed
				an appointment and a required probationary period (80 Ill. Adm. Code
				500.10 ).
Chair: Chair of the Merit Commission, appointed by the
				Comptroller for a 2-year term.
Classification Plan: A position classification plan for all
				positions subject to the Comptroller Merit Employment Code, based upon
				similarity of duties performed, responsibilities assigned, and conditions of
				employment.
Code: The Comptroller Merit Employment Code [15 ILCS 410
				].
Commission: The Merit Commission, created by the Comptroller
				Merit Employment Code, composed of 3 members appointed by the Comptroller, by
				and with the advice and consent of the Senate. No more than 2 members may be
				affiliated with the same political party. [15 ILCS 400/8 ]
Department: An organizational entity directly subordinate to
				the Comptroller or Deputy Comptroller.
Director: Director of the Comptroller's Department of
				Personnel.
Geographic Transfer: Transfer from one geographical location in
				the State to another.
Hearings Officer: A qualified person designated by the Merit
				Commission to preside over hearings.
Incumbent: The person currently holding a position.
Jurisdiction B: That portion of the Comptroller Merit
				Employment Code that requires that certain employees must be employed on the
				basis of merit and fitness.
Office of the Commission: 325 West Adams Street, Springfield,
				Illinois 62704.
Prima facie case: A case which has produced evidence sufficient
				to support a finding in favor of the person producing the evidence, unless
				evidence to the contrary is produced.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.10 - Meetings of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Merit Commission (Commission) shall meet monthly in accordance with a written
			 schedule established by the Chair beginning each calendar year and posted at
			 the Office of the Commission. At the discretion of the Chair, any monthly
			 meeting may be canceled upon written notice to each Member, State Comptroller
			 and the Director. Grounds for cancellation include, but are not limited to,
			 lack of availability of a sufficient number of Commission Members to constitute
			 a quorum; weather emergencies; lack of sufficient pending business warranting
			 the Commission's attention. Any other meetings shall be called by the Chair
			 upon a 3-day written notice of the date, time and place to each Member, State
			 Comptroller and the Director.
b)
			 Regular meetings will convene at Springfield or Chicago, Illinois.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.20 - Classification Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
			 will review the class specifications requiring Commission approval under the
			 Classification Plan and will approve those which meet the requirements of the
			 State Comptroller Merit Employment Code (Code) [15 ILCS 410 ] and personnel
			 rules (80 Ill. Adm. Code 500), including the Classification Plan, and which
			 conform to currently acceptable principles of position classification in the
			 merit system.
b) In the event that
			 it can be reasonably anticipated that employee layoffs will result by virtue of
			 class specification revisions, the Director will supply to the Commission,
			 prior to review, full detailed information respecting such prospective
			 layoffs.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.30 - Personnel Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may recommend changes to the personnel rules of
				the Office of the Comptroller, but any rulemaking affecting those rules shall
				be submitted to the Commission for approval before being proposed by filing
				with the Secretary of State. Unless the Commission disapproves the recommended
				changes within 30 days following receipt of the rulemaking proposal from the
				Director, the Director may file the changes with the Secretary of State as a
				proposed rulemaking. If the proposed rulemaking is modified in any way other
				than modifications limited to spelling, typing, punctuation or grammar,
				pursuant to comment from the public or the Joint Committee on Administrative
				Rules, as authorized by the Illinois Administrative Procedure Act (IAPA), the
				modified rulemaking shall be again submitted to the Commission, along with a
				report from the Director on options the Commission can take with respect to
				those modifications. Unless the Commission disapproves the modified version of
				the rulemaking within 30 days following its receipt from the Director, the
				rulemaking may be adopted by filing with the Secretary of State in accordance
				with the IAPA.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.40 - Jurisdiction B Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission, upon written recommendation of the Director, may exempt from
			 Jurisdiction B positions which, in the judgment of the Commission, involve
			 either principal administrative responsibility for determination of policy,
			 principal administrative responsibility for the way in which policies are
			 carried out, or are highly confidential.
b) The Commission may review such exempt
			 positions and, if the conditions of subsection (a) above no longer exist, shall
			 rescind the exempt status.
c) For
			 all positions currently exempt by action of the Commission, the Director shall
			 inform the Commission promptly in writing of all changes in duties,
			 responsibilities, organization, location, allocation or identity.
d) Prior to granting an exemption from
			 Jurisdiction B, the Commission will notify the incumbent of the position, if
			 any, of its proposed action, whereupon the incumbent and/or the incumbent's
			 representative may appear at the Commission meeting at which the action is to
			 be taken and present objections to the exemption.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.50 - Orders of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Commission may, from time to time, review and investigate personnel policies,
			 actions or activities and administrative practices to insure that they are in
			 compliance with the Code.
b)
			 Findings by the Commission of probable discrepancies with respect to the Code
			 or rules, when communicated in writing to the Director and the appropriate
			 Department Head, are considered as an order to the Director either to correct
			 the probable discrepancy or to furnish an explanation to support a conclusion
			 that a probable discrepancy does not exist. If, within 30 days after receipt of
			 the order, neither appropriate corrective action has been initiated nor a
			 satisfactory explanation has been submitted by the Director, the Commission may
			 record the violations in the Minutes of its meetings and take other action as
			 is appropriate to correct the violations.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.55 - Collective Bargaining Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall give full recognition and effect to
				provisions of collective bargaining agreements relating to wages, hours and
				conditions of employment reached under the provisions of the Illinois Public
				Labor Relations Act [5 ILCS 315 ].
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.60 - Appeals, Filing Requirements and Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing Requirements
1) A certified employee who has been served
			 with written charges approved by the Director for removal, discharge, demotion
			 or suspension for a period of more than 30 days within a 12-month period, or
			 any certified employee or any employee exempt from Jurisdiction B served with
			 an approved order for geographical transfer, may appeal to the Merit
			 Commission, provided the appeal is made in writing and received by the
			 Commission within 15 days after service of the approved charges, or in the case
			 of geographical transfer, within 15 days of the date the employee is required
			 to report to the new location.
2)
			 Any employee affected by the allocation of a position to a class may appeal to
			 the Commission, provided that the employee has requested and received a
			 reconsideration decision from the Director, and that the appeal to the
			 Commission is received within 15 days after service of the Director's
			 reconsideration decision.
3) For
			 the purpose of determining the timeliness of filing only, "receipt" is defined
			 to mean either personal delivery or date of postmark when deposited in the U.
			 S. mail, in a sealed envelope, with postage prepaid, and properly addressed.
			 Holidays, Saturdays and Sundays will be excluded from computing filing dates if
			 the last day for filing falls upon a weekend or legal holiday, in which event
			 the last date for filing would be the first business day following the weekend
			 or legal holiday.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.70 - Disciplinary Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Charges
1) Written charges approved by the Director
			 seeking an employee's discharge, demotion or suspension totaling more than 30
			 days in any 12-month period shall contain a specific statement of facts which
			 allege the cause for the proposed action sought against the employee. If a
			 breach of a statutory duty or a rule of the agency is alleged, the statute or
			 rule shall be cited in connection with the charge.
2) Charges shall be set forth in separately
			 numbered paragraphs and contain the dates, names of persons, places and facts
			 necessary to properly allege cause. Charges must be specific enough to apprise
			 the employee of the nature and substance of the cause alleged for the
			 disciplinary action.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.80 - Geographical Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 appeals to the Commission from permanent transfers from one geographical area
			 in the State to another, the employee shall have the burden of introducing
			 sufficient, competent and credible evidence showing that the transfer was
			 unreasonable, unjust, capricious or not a bona fide attempt to serve the best
			 interest of the Office of the Comptroller.
b) Under normal circumstances, a temporary
			 transfer of an employee for a period in excess of 30 days will be considered a
			 permanent transfer, enabling the employee to then appeal the transfer without
			 regard to Section
			 100.60(a).
c) Unless inconsistent with this Section, the
			 procedures governing Section
			 100.70 shall apply to
			 geographical transfer hearings.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.90 - Allocation Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an
			 employee wants to appeal the allocation of a position to a class, the employee
			 must, within 15 days after the day of receipt of the Director's decision on
			 reconsideration, file the appeal at the Office of the Commission and serve a
			 copy of the appeal upon the Director. The appeal shall include the name of the
			 employee, the employee's department and a description of the factual basis for
			 the classification dispute.
b) Upon
			 the receipt of the appeal, the Director shall file with the Commission, within
			 20 days, a submission setting forth in full a clear and brief recitation of all
			 relevant facts, arguments and documentary evidence submitted in exhibit form to
			 substantiate the reconsidered decision. If the submission, as a matter of law,
			 does not set forth facts and reasons from which it could be reasonably
			 concluded that the employee is properly classified, summary judgment may be
			 granted. A copy of the submission shall be served upon the employee.
c) Within 20 days after the day of receipt of
			 the Director's submission, the employee must file with the Commission an answer
			 setting forth all relevant facts, arguments and documentary evidence in exhibit
			 form. A copy of the answer must be served upon the Director. The employee shall
			 point out with particularity disagreement with the submission of the
			 Director.
d) If an employee or the
			 Director desires an informal oral conference with the opposing party, a request
			 for the conference shall be filed not later than 5 days after the employee's
			 answer is due pursuant to subsection (c) above. An informal oral conference
			 will be convened if requested by either of the parties and due notice will be
			 given the parties of the time and date of the conference which will be
			 conducted in the presence of either the Chair or a Hearings Officer.
e) Parties may be heard either in person, by
			 counsel or by other representatives as they may elect.
f) Upon written request of either side, the
			 Commission may issue subpoenas to compel the production of documents or persons
			 having relevance to the issues of the dispute.
g) The Commission may make its decision on
			 the pleadings, or it may order formal hearings held on disputed issues of fact
			 or law at the request of either party or upon its own motion.
h) Upon failure to comply with these rules,
			 the Commission may make its decision on the facts before it, if sufficient
			 facts exist, or it may default the noncomplying party. Such action shall be a
			 decision on the merits of the appeal. An adverse inference may be drawn against
			 any party failing to comply with these rules.
i) Unless inconsistent with this Section, the
			 procedures governing Section
			 100.70 shall apply to
			 formal allocation hearings.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.100 - Merit Employment Code and Personnel Rule Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A certified employee who believes that a
			 personnel transaction has been falsely labeled in an attempt to deprive the
			 Commission of jurisdiction under Section 9 of the Code and/or the procedures
			 set forth in Sections
			 100.70,
			 100.80 and
			 100.90
			 of this Part, or who believes that a personnel transaction adversely affecting
			 the employee violates either the Code or the personnel rules (80 Ill. Adm. Code
			 500), may within a period of 15 days after receiving actual notice of the
			 violation appeal in writing to the Commission.
b) The appeal must allege specific facts
			 which if proven would establish a prima facie case that the personnel
			 transaction named was a false transaction, or that the Code and/or a personnel
			 rule was violated in an attempt to deprive the employee of rights under the
			 Code or rules. Any appeal which fails to allege sufficient and specific facts
			 to support the allegation may be summarily dismissed by the
			 Commission.
c) The Commission may
			 make its decision on the appeal after an investigation of the allegations or it
			 may order a hearing on any disputed issue of fact or law. In any hearing called
			 under the provisions of this Section to resolve a dispute of fact, the employee
			 has the burden of establishing by the introduction of competent evidence a
			 prima facie case proving that the alleged violation took place.
d) Nothing in this Section shall be construed
			 to preclude employees from timely asserting any other rights given to them
			 under the provisions of the Code or Personnel Rules.
e) Unless inconsistent with this Section, the
			 procedures governing Section
			 100.70 shall apply to this
			 Section.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.110 - Qualification and Authority of the Hearings Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Qualification of Hearings Officer
A Hearings Officer shall possess a license to practice law in
				the State of Illinois.
b)
			 Authority of Hearings Officer
The Hearings Officer has the authority to conduct hearings and
				pre-hearing conferences, to take all necessary action to avoid delay, to
				maintain order, and to insure the development of a clear and complete record.
				The Hearings Officer shall have all powers necessary to conduct a hearing,
				including the power to:
1) Administer
			 oaths and affirmations;
2) Regulate
			 the course of hearings, set the time and place for continued hearings, fix
			 times for filing of documents, provide for the taking of testimony by
			 deposition if necessary, rule on motions and generally conduct the proceedings
			 according to this Part, Article 10 of the IAPA and principles of administrative
			 law as applied by the courts and this subsection;
3) Examine witnesses and direct witnesses to
			 testify;
4) Limit the number of
			 times any witness may testify, limit repetitious or cumulative testimony and
			 set reasonable limits on the amount of time each witness may testify or be
			 cross-examined;
5) Rule upon offers
			 of proof and receive relevant evidence;
6) Direct parties to appear and confer for
			 the settlement or simplification of issues and otherwise conduct pre-hearing
			 conferences;
7) Dispose of
			 procedural requests or similar matters;
8) Render findings of fact, opinions and
			 recommendations for an order of the Commission;
9) Reprimand or exclude from the hearing any
			 person for indecorous or improper conduct committed in the presence of the
			 Hearings Officer;
10) Take official
			 notice of generally recognized facts, administrative rules and regulations, and
			 statutes;
11) Prepare, in every
			 contested case, a proposal for decision in accordance with Section 10-45 of the
			 Illinois Administrative Procedure Act, which shall be forwarded to the parties
			 in sufficient time to allow the filing of written exceptions and legal
			 arguments prior to the Commission rendering a final decision;
12) Rule on any substantive or procedural
			 matters not covered within this Part, such rulings to be subject to the final
			 review of the Commission; and
13)
			 Enter any order that further carries out the purpose of this Part.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.115 - Ex Parte Consultations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Except in the disposition of matters which they are authorized by law to
			 entertain or dispose of on an ex parte basis, neither Commission Members,
			 employees, nor Hearings Officers shall, after the filing of a case,
			 communicate, directly or indirectly, in connection with any issue of fact, with
			 any person or party or in connection with any other issue with any party or the
			 party's representative, except upon notice and opportunity for all parties to
			 participate. However, a Commission Member may communicate with other Members of
			 the Commission, and a Commission Member or Hearings Officer may have the aid
			 and advice of one or more personal assistants.
b) Communications regarding procedure, such
			 as format of pleadings, number of copies required, manner of service, status of
			 proceedings and continuances, are not considered to be ex parte communications.
			 However, requests for continuances shall not be granted until the opposing
			 party is notified either orally or in writing that a request is going to be
			 made and is given an opportunity to respond.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.117 - Response to Proposed Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 In a contested case where the Members of the Commission have not heard the case
			 or read the record, the findings and decision of the Hearings Officer appointed
			 by the Commission to conduct the hearing or the results of the investigation
			 shall be mailed to the parties prior to the Commission rendering a final
			 decision.
b) An original and 4
			 copies of the response shall be filed in the Office of the Commission. The
			 responses shall be accompanied by proof that a copy of the response was served
			 upon the opposing party.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.120 - Record of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
In all hearings, other than informal allocation conferences,
				held before the Commission or a Hearings Officer duly appointed by the
				Commission to conduct hearings, the department which is a party shall arrange
				for a record of the proceedings to be made stenographically or by other means
				as to adequately insure the preservation of the proceeding. Transcription shall
				be made on the request of any party if not ordered by the Commission or its
				Hearings Officer. Any such record will be available for examination by the
				public at reasonable times in the Springfield Office; and, upon written request
				made at least 48 hours (exclusive of Saturdays, Sundays and official State
				holidays) in advance, the Commission will make the record available for
				examination at the Office of the Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.130 - Authority of Commission Over Hearings Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall have the authority to affirm, remand,
				reverse, modify or set aside in whole or in part the orders or Proposal for
				Decision of the Hearings Officer. Upon the concurrence of at least 2 Members of
				the Commission, a decision shall become final on the date the decision is
				announced at a public meeting. The Commission shall in its final order
				designate the parties of record to the proceedings.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.140 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
When the Commission renders a final decision, any affected
				party is entitled to have the decision reviewed by the circuit court under the
				Administrative Review Law [735 ILCS 5 /Art. III] by filing a complaint and
				causing the issuance of summons on the administrative agency and on each of the
				other defendants within 35 days from the date that a copy of the decision
				sought to be reviewed was served upon the employee.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 100 - MERIT COMMISSION RULES › Section 100.150 - Adoption, Amendment, and Recision of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission may adopt, amend or rescind any rule consistent
				with the provisions of the Code, at a regular or special meeting of the
				Commission, provided that at least 2 of the Members are present at the meeting
				and provided further that written notice has been given to all Members of the
				Commission at least 10 days before the meeting at which the action is to be
				taken.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart B - CERTIFICATION FOR APPOINTMENT › Section 150.210 - Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
				certify to the Director in writing qualified applicants for appointment as
				sworn officers to the Department. Qualified applicants shall:
1) Be at least 21 years of age. Persons 20
				years of age may be certified if they have successfully completed an
				associate's degree or 60 credit hours at an accredited college or
				university.
2) Have completed an
				associate's degree or 60 credit hours, with an average grade of C or better,
				from an accredited college or university, as certified by the registrar of the
				college or university. The college or university must be accredited by one of
				the following associations:
A) Middle States
				Commission on Higher Education;
B)
				Higher Learning Commission;
C) New
				England Commission of Higher Education;
D) Northwest Commission on Colleges and
				Universities;
E) Southern
				Association of Colleges and Schools Commission on Colleges;
F) WASC Senior College and University
				Commission; and
G) Accrediting
				Commission for Community and Junior Colleges.
3) Be a citizen of the United States with no
				felony convictions.
4) Accept
				assignment anywhere in the State.
5) Possess a valid driver's
				license.
6) Successfully complete
				mental and physical tests and a background investigation as prescribed by the
				Board. (See Appendix A and B.)
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart B - CERTIFICATION FOR APPOINTMENT › Section 150.220 - Selection Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Procedures shall consist of:
1)
				Application
2) Physical Ability
				Test
3) Suitability
				Screening
4) Background
				Investigation and Review
5) Oral
				Interviews
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart B - CERTIFICATION FOR APPOINTMENT › Section 150.230 - Recertification

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall consider for recertification sworn officers
				  who have resigned in good standing and whose written request is received in the
				  Merit Board office within one calendar year after their date of separation. If
				  these criteria have been met, the officer must complete the application
				  process; pass a fitness test; and have a background investigation initiated.
				  The Board shall render its decisions and make recertifications on an individual
				  basis. The Director may re-appoint after recertification.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart B - CERTIFICATION FOR APPOINTMENT › Section 150.240 - Probationary Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				appointees to the Department of State Police by the Director shall serve a
				probationary period of twelve consecutive months from the date of appointment,
				and during such period may be discharged at the will of the Director.
b) Any appointee who has a break in
				continuous service due to a leave of absence will have their probationary
				period determined by the Director following a review of the circumstances of
				the appointees break in service and their training period. The standard the
				Director shall apply in making this determination is whether the appointee's
				leave of absence prevents him or her from successfully completing the training
				program or prevents him or her from having a field training evaluation. The
				extension shall be no longer than the leave of absence.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart B - CERTIFICATION FOR APPOINTMENT › Section 150.250 - Application Fee Waiver Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				applicants may request a waiver of any application and/or testing fee by
				submitting the appropriate form as prescribed by the Board. The form shall be
				available on the Board website (Illinoistrooper.com).
b) Applicants shall be eligible for a waiver
				of the application and/or testing fee if they meet one of the following
				requirements:
1) The applicant's available
				income is 200% or less of the current poverty level; or
2) The applicant is, in the discretion of the
				Board, unable to pay the application fee and payment of that fee would result
				in substantial hardship to the person or the person's family.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart C - CLASSIFICATION OF RANKS › Section 150.310 - Ranks

Current through Register Vol. 48, No. 28, July 12, 2024
The Merit Board classifies sworn State Police officers
				  according to the ranks listed in this Section. Standards and Qualifications for
				  each rank are established for description and test purposes in an occupational
				  analysis for each rank, a copy of which is on file and available for inspection
				  at the Merit Board office:
Captain
Lieutenant
Master Sergeant
Sergeant
Special Agent
Trooper
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart C - CLASSIFICATION OF RANKS › Section 150.320 - Interdivisional Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
The transfer of a sworn officer from one Division to another
				  will not preclude the transferred officer from participating in the promotional
				  process irrespective of whether that officer has served within the latter
				  Division for less than a period of one (1) year.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart D - CERTIFICATION FOR PROMOTION › Section 150.410 - Board Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall make certifications for promotion on the
				  basis of job performance measurement, seniority, education, and written and/or
				  oral examination. Examinations for promotion will be given every 24 months for
				  the ranks of Sergeant, Master Sergeant, Lieutenant and Captain with
				  notification of time and location to be provided in the promotional
				  announcement.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart D - CERTIFICATION FOR PROMOTION › Section 150.420 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Candidates will be eligible to take the promotional
				  examination only for that rank immediately above the candidate's permanent
				  rank. In addition,
a) They shall have
				served in the Department for at least one (1) year from the date of their
				employment;
b) They shall be
				considered for promotion only after serving the required minimum of one (1)
				year in their permanent rank;
c)
				Sworn officers on leave of absence or disability leave at the time the
				promotional screening process is initiated are not eligible. The process is
				initiated when the deadline for responding to the examination announcement has
				passed.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart D - CERTIFICATION FOR PROMOTION › Section 150.430 - Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board will
				provide each officer with official notification announcing the examination and
				requesting a written response respecting the officer's intention to
				participate.
b) Candidates for
				promotion must complete examinations at the time designated by the Board in the
				official notification. No exceptions will be allowed.
c) Candidates must have taken the most recent
				examination offered by the Board to be eligible for certification for
				promotion. All candidates taking the examination for each rank will be advised
				of their total promotional score and standing.
d) Promotional Process Components The total
				promotional score will consist of combined standardized scores or respective
				percentage weights of the components designated for each rank:
Components
Sergeant, Master Sergeant, Lieutenant and
							 Captain:
Job Knowledge Test, Performance
Appraisal and Assessment
Exercise, combined
Seniority in Rank
95%
Up to 5 points
e)
				Candidates for the ranks of Sergeant, Master Sergeant, Lieutenant and Captain
				will participate in a written examination and an assessment exercise, as well
				as receive a performance appraisal and a seniority score. The combined score
				will be standardized to a 100 point scale. The top 65% of all Sergeants, Master
				Sergeants and Lieutenants participating in the total promotional process will
				be certified by the Board. The top 65% of candidates is calculated by taking
				the total number of candidates on that list, multiplying that number by 0.65
				and, in a case of a fraction, rounding up to the next whole integer. Any
				officer whose rank on the list is equal to or less than that number shall be
				considered certified for promotion. All candidates competing for the ranks of
				Lieutenant and Captain must possess a Bachelor's Degree. Those candidates hired
				before 1999 will be granted 10 years to complete a Bachelor's Degree. The 10
				year period will begin on January 1, 2003 and end on December 31, 2013.
				Candidates must have graduated with a "C" average or better from an accredited
				college or university, as certified by the registrar of the college or
				university. The college or university must be accredited by one of the
				following associations:
1) Middle States
				Commission on Higher Learning;
2)
				Higher Learning Commission;
3) New
				England Commission of Higher Education;
4) Northwest Commission on Colleges and
				Universities;
5) Southern
				Association of Colleges and Schools Commission on Colleges;
6) WASC Senior College and University
				Commission.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart E - DISCIPLINARY ACTION › Section 150.510 - Merit Board Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall exercise jurisdiction over the discipline,
				  removal, demotion and suspension of those appointed as sworn officers.
				  Disciplinary measures prescribed by the Board may be taken by the Director or
				  Deputy Director, as outlined below, and such actions shall be in response to
				  violation of any rules and regulations of the applicable divisions as
				  promulgated by the Department. The Board will not consider any complaint based
				  upon conduct which antedates by three years the date the complaint is filed,
				  except in those instances where the conduct complained of is parallel to
				  criminal conduct as provided by the laws of this state, the United States or
				  any governmental subdivision thereof, in which case this shall conform with the
				  applicable criminal statute of limitations when the applicable criminal statute
				  of limitations is longer. On Petitions for Review, the Board will reverse the
				  suspension based on conduct which antedates by three (3) years the date the
				  suspension was given.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 150 - PROCEDURES OF THE DEPARTMENT OF STATE POLICE MERIT BOARD › Subpart E - DISCIPLINARY ACTION › Section 150.520 - Discipline Afforded the Deputy Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Deputy Director may take disciplinary action against a
				  sworn officer assigned to their respective division without presenting the
				  matter to the Board; however, a "Notice of Disciplinary Action" shall be filed
				  with the Board at the time such action is taken. Such action shall include any
				  one or all of the following:
a)
				Suspend any sworn officer for violation of the Rules and Regulations of the
				applicable division for any period not to exceed thirty days.
b) Require restitution for negligent damage,
				destruction, or loss of State property. Such action may be taken when an
				investigation of the incident leading to the loss or damage demonstrates that
				the conduct of the officer was negligent. Violation of the applicable division
				Rules and Regulations creates a rebuttable presumption of negligence.
c) Issue a written reprimand or letter of
				admonition.