reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.725 - Filing of Disclosure Information and Discovery Material

Current through Register Vol. 48, No. 28, July 12, 2024
a) All disclosures required in cases under
				the alternative hearing procedure and all requests for discovery and all
				responses to requests for discovery shall be served upon other counsel or
				parties, but shall not be filed with the Commission. The party responsible for
				service of the disclosure information or the discovery material shall serve a
				copy of a Certificate of Service with the Commission. The party responsible for
				service of the disclosure information or the discovery material shall retain
				the original and become the custodian.
b) If a motion is filed with respect to any
				disclosure information or discovery material, copies of the portions of the
				material in question shall be filed with the motion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.730 - Motions and Objections

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions
				and objections directed to the Administrative Law Judge pursuant to the
				authority granted in Section
				5300.530(b)
				may be stated in writing or on the record, except for a motion to amend the
				pleadings pursuant to Section
				5300.650(a),
				which must be in writing.
1) A written motion
				shall briefly state the Order or relief requested and the specific grounds upon
				which relief is sought.
2) A
				written motion shall be served at the same time upon all parties and filed at
				the Commission office of the Administrative Law Judge to whom it has been
				directed.
3) The following motions
				shall also be served upon the Department:
A)
				Motion to dismiss and any response to the motion pursuant to Section
				5300.640(b).
				This subsection (a)(3)(A) shall be construed to include any motion for summary
				decision, or other motion regardless of title, that requests dismissal of the
				complaint;
B) Motion to amend the
				pleadings pursuant to Section
				5300.650(a);
				and
C) Motion to allow a Commission
				or Department employee to testify at a hearing pursuant to Section
				5300.750(b)(4).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.735 - Summary Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time
				after the service of a complaint and prior to service of a decision pursuant to
				Section 8A-102(I), 8A-102.5(B)(4) or 8B-102(J) of the Act, the complainant or
				the respondent may move, with or without supporting affidavits, for a summary
				Order in the moving party's favor as to all or any part of the relief sought.
				An Administrative Law Judge may not preclude the filing of a motion for summary
				decision except within the 60-day period prior to the date set for the hearing
				on the merits of the complaint. Once the Administrative Law Judge has set a
				deadline for the filing of the motions for summary decisions in accordance with
				this Section, no motion may be filed after that date without leave of the
				Administrative Law Judge, even if the hearing on the merits is
				postponed.
b) Procedure - The
				non-moving party may file counter-affidavits prior to the time of the ruling on
				the motion. The Order sought shall be rendered without delay if the pleadings
				and affidavits, if any, show that there is no genuine issue as to any material
				fact and that the moving party is entitled to a recommended Order as a matter
				of law. An interim recommended summary Order, interlocutory in character, may
				be rendered on the issue of liability alone, although there is a genuine issue
				as to the relief to be awarded. The term without delay (Section 8-106.1(B) of
				the Act) means that consideration of the motion shall not be stayed without the
				agreement of the parties. Further, the Administrative Law Judge may not
				postpone consideration of the motion until after the public hearing. The term
				does not mean that motions for summary decision will be given preference over
				other pending motions in the case at issue or other cases pending in front of
				the Commission.
c) Affidavits or
				Motions Made in Bad Faith - If it appears to the satisfaction of the
				Administrative Law Judge at any time that any affidavit or motion presented
				pursuant to this Section is presented in bad faith or solely for the purpose of
				delay, the Administrative Law Judge may recommend that the party employing the
				use of affidavits for dilatory purposes shall pay to the other party the amount
				of reasonable expenses incurred as a result of the filing of the affidavit or
				motion, including reasonable attorney's fees.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.740 - Interlocutory Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Commission shall not entertain interlocutory appeals from rulings by an
				Administrative Law Judge, except when the Administrative Law Judge determines
				that a specific ruling is of such extraordinary significance that a decision of
				the Commission is required prior to completion of the case. Only the
				Administrative Law Judge shall have authority to certify a question for the
				Commission's consideration.
b) Upon
				the issuance of an order certifying a question to the Commission, the
				Administrative Law Division shall transmit to the clerk of the Commission the
				Administrative Law Judge's order and all pleadings and briefs which were
				submitted to the Administrative Law Judge concerning the certified matter. The
				Commission shall consider the matter based upon the documents submitted to the
				Administrative Law Judge. If additional briefing is required to resolve the
				question certified to the Commission, the Commission will issue an order
				requesting supplemental briefs and setting up a schedule for the filing of the
				supplemental briefs.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.745 - Admission of Fact or of Genuineness of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request for Admission of Fact - A Party
				may serve on any other Party a written request for the admission by the latter
				of the truth of any specified relevant fact set forth in the request.
b) Request for Admission of Genuinesness of
				Document - A Party may serve on any other Party a written request for admission
				of the genuineness of any relevant documents described in the request. Copies
				of the documents shall be served with the request unless copies have already
				been furnished.
c) Admission in the
				Absence of Denial - Each of the matters of fact and the genuineness of each
				document of which admission is requested is admitted unless, within
				twenty-eight (28) days after service thereof, the Party to whom the request is
				directed serves upon the Party requesting the admission either (1) a sworn
				statement denying specifically the matters of which admission is requested or
				setting forth in detail the reasons why he cannot truthfully admit or deny
				those matters or (2) written objections on the ground that some or all of the
				requested admissions are privileged or irrelevant or that the request is
				otherwise improper in whole or in part. If written objections to a part of the
				request are made, the remainder of the request shall be answered within the
				period designated in the request. A denial shall fairly meet the substance of
				the requested admission. If good faith requires that a Party deny only a part,
				or requires qualification of a matter of which an admission is requested, the
				Party shall specify so much of it as is true and deny only the remainder. Any
				objection to a request or to an answer shall be heard by the Administrative Law
				Judge upon prompt notice and motion of the Party making the request.
d) Public Records - If any public records are
				to be used as evidence, the Party intending to use them may prepare a copy of
				them insofar as they are to be used, and may seasonably present the copy to the
				adverse Party by notice in writing, and the copy shall thereupon be admissible
				in evidence as admitted facts in the case if otherwise admissible, except
				insofar as its inaccuracy is pointed out under oath by the adverse Party in an
				affidavit filed and served within 14 days after service of the
				notice.
e) Effect of Admission -
				Any admission made by a Party pursuant to request under this rule is for the
				purpose of the pending action only. It does not constitute an admission to be
				used against the Party in any other proceeding.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.750 - Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adverse
				Witness - At the hearing, a witness may be called and examined as if under
				cross-examination in the same manner and circumstances as provided in Section
				2-1102 of the Code of Civil Procedure [735 ILCS
				5/2-1102 ].
b) Testimony and Evidence
1) All testimony taken at the hearing shall
				be under oath or affirmation.
2)
				All testimony and other evidence shall be subject to the same rules of evidence
				as are applicable in courts of record in the State of Illinois.
3) Compelling Appearances of Parties at
				Hearing - The appearances at the hearing of a Party or a person who at the time
				of the hearing is an officer, director, or employee of a Party may be required
				by serving the Party with a notice designating the person who is to appear. The
				notice also may require the production at the hearing of documents or tangible
				things. If the Party or Person is a non-resident of the county, the
				Administrative Law Judge may order any terms and conditions in connection with
				its appearance at the hearing that are just, including payment of its
				reasonable expenses. Upon a failure to comply with the notice, the
				Administrative Law Judge may enter any Order that is just.
4) No Commission or Department employee shall
				testify on behalf of a Party at a hearing with respect to the contents of any
				files, documents, reports, memoranda or records of the Commission or Department
				or of the results of any investigation conducted by the Department except upon
				Order of the Administrative Law Judge. Any Party may apply for such an Order in
				the form of a motion and such motion shall identify the Commission or
				Department employee whose testimony is desired, the nature of such person's
				testimony, and the specific purpose to be served thereby. The motion will be
				granted only upon a showing that the information to be elicited from such
				testimony is admissible and cannot be obtained through other means. A motion to
				compel a Department employee to testify shall be served by the movant on the
				Department to the attention of its Chief Legal Counsel.
5) No testimony or other evidence concerning
				attempts to settle or adjust an alleged civil rights violation shall be given
				or received in any hearing without the written consent of all
				Parties.
6) Written stipulations,
				signed by the Parties to be bound thereby, may be introduced in evidence. Oral
				stipulations may be made on the record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.760 - Preparation of Recommended Order and Decision

Current through Register Vol. 48, No. 28, July 12, 2024
Except for Complaints proceeding under the alternative
				  hearing procedure, following the taking of testimony and the submission of oral
				  argument and briefs, the Administrative Law Judge shall prepare and file with
				  the Commission a written Recommended Order and Decision, which shall
				  include:
a) A summary of the
				respective contentions of the Parties;
b) Findings of fact based upon, and limited
				to, the testimony and other evidence of record and upon matters of which
				official notice may be taken pursuant to Section 10-40(c) of the Illinois
				Administrative Procedure Act [5 ILCS
				100/10-40(c) ];
c) A determination as to whether or not a
				preponderance of the evidence sustains the Complaint, or each portion
				thereof;
d) An analysis of the case
				and reasoning to support the Administrative Law Judge's
				determination;
e) The
				Administrative Law Judge's Recommended Liability Determination.
1) If it is determined that the preponderance
				of the evidence supports the Complaint or portions thereof, the Recommended
				Order shall sustain the Complaint to that extent and require the Respondent to
				take such actions as are provided under Section 8A-104 or Section 8B-104 of the
				Act. If the Complainant is entitled to an award of attorney's fees and costs
				pursuant to Section 8B-104(D) of the Act, the Administrative Law Judge's
				recommended decision shall be styled a Recommended Liability Determination and
				shall direct the Complainant to file a petition for an award of attorney's fees
				pursuant to the procedure established in Section
				5300.765
				of this Part. Such Recommended Liability Determination shall promptly be served
				upon all Parties.
2) If it is
				determined that the Complaint shall be dismissed and that the Complaint was
				frivolous, unreasonable or groundless or that the Complainant continued to
				litigate after it became clearly so and that the Respondent is therefore
				entitled to an award of attorney's fees pursuant to Section 8A-102(I)(5) of the
				Act, the Administrative Law Judge's recommended decision shall be styled a
				Recommended Liability Determination and shall direct the Respondent to file a
				petition for an award of attorney's fees pursuant to the procedures established
				in Section
				5300.765
				of this Part. Such Recommended Liability Determination shall promptly be served
				upon all Parties;
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.762 - Preparation and Issuance of Final Order in Alternative Hearing Procedure Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) For all
				cases which proceed to public hearing under the alternative hearing procedure
				of Section 8A-102.5 of the Act, following the taking of testimony and the
				submission of oral argument and briefs, if any are ordered, the selected
				Administrative Law Judge shall prepare a written Final Order disposing of the
				Complaint based upon the pleadings and evidence presented. The Final Order
				shall include:
1) a determination as to
				whether a preponderance of the evidence sustains the Complaint or each portion
				thereof;
2) a brief discussion of
				the analysis of the case and reasoning to support the Administrative Law
				Judge's determination with sufficient detail to apprise the Parties as to the
				basis for the decision; and
3) a
				determination of the damages and relief, including attorneys fees and costs, to
				which any Party is entitled.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.765 - Petitions for Fees and/or Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 21 days after the service of a Recommended Liability Determination
				pursuant to Section
				5300.760(e)(1)
				or (e)(2) of this Part or pursuant to an
				Order entered after a hearing by the selected Administrative Law Judge in a
				case proceeding under the alternative hearing procedure, the Party or Parties
				designated therein may file with the Administrative Law Judge a petition for
				fees and/or costs, supported by argument and affidavits. Such supporting
				documentation shall include the following:
1)
				The number of hours for which compensation is sought, itemized according to the
				work that was performed, the date upon which the work was performed and the
				individual who performed such work;
2) The hourly rate customarily charged by
				each individual for whom compensation is sought and appropriate documentary
				support for such claimed rate. In the case of a public law office which does
				not charge fees, or which charges fees at less than market rate, counsel may
				provide documentation of the rate prevalent in the practice of law for
				attorneys in the same locale with comparable experience and
				expertise;
3) Other factors that
				affect the computation of fees or costs, as determined by the courts of
				Illinois and the decisions of the Commission; and
4) Documentation of costs for which the Party
				seeks reimbursement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.780 - Voluntary Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
The complainant may obtain dismissal of the complaint, with
				  prejudice, by filing a written motion with the Administrative Law Judge and
				  serving all parties and the Department. If knowingly and voluntarily made, such
				  motion shall be granted and the proceedings dismissed by the Administrative Law
				  Judge by written order served on all parties and the
				  Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.805 - Scope of Motion Practice

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				motion may be filed with the Commission to obtain any relief which the
				Commission may grant under the provisions of the Act.
b) Unless another procedure is specifically
				provided for in this Part, the procedure provided for in this Subpart shall be
				followed with respect to all motions or other requests for relief directed to
				all motions or other requests for relief directed to the Full Commission or a
				3-member panel thereof.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.815 - Form of Motions and Objections

Current through Register Vol. 48, No. 28, July 12, 2024
All motions directed to the Commission must be submitted in
				  writing. The motion shall state the nature of the order or relief requested,
				  and shall be accompanied by a memorandum of law which states the points and
				  authorities relied upon by the movant. Any objections to motions shall be filed
				  with the Commission within 10 days after service of the said motion. The
				  objections shall be accompanied by a memorandum of law containing the points
				  and authorities relied upon in opposition to the motion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.825 - Presentation of Motions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided in this Part, motions shall be
				  presented by the Commission's staff to the Commission at the first available
				  meeting of the full Commission or the Commission panel which follows the
				  expiration of the ten (10) day response period provided for in Section
				  5300.815.
				  Motions will be considered by the Commission based upon the memoranda submitted
				  by the Parties. Unless it is requested by the Commission, no oral argument will
				  be allowed on motions. If the Commission requests oral argument, it will send
				  the Parties written notice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.835 - Emergency Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If action is
				required on a motion prior to the time of the next scheduled Commission meeting
				at which the requested relief could be statutorily granted, the motion shall be
				clearly identified as an emergency motion. All emergency motions shall contain
				a memorandum stating why the motion must be decided prior to the time of the
				appropriate Commission meeting. All emergency motions shall be presented by
				Commission staff to the Chairperson, or the Vice Chair in the absence of the
				Chairperson, of the Commission.
b)
				The Chairperson, or the Vice Chair in the absence of the Chairperson, of the
				Commission shall have the authority to consider and grant motions filed under
				subsection (a) if, and only if, the sole relief requested in the motion is the
				extension of a filing deadline imposed by the Act or this Part. The
				Chairperson, or the Vice Chair in the absence of the Chairperson, shall grant
				those motions only on just terms and for good cause shown.
c) The Chairperson, or the Vice Chair in the
				absence of the Chairperson, of the Commission shall have the authority to
				direct the convening of an emergency full Commission or panel meeting to
				consider an emergency motion. The emergency meeting shall be convened when a
				party will suffer irreparable damage if the motion is not considered until the
				next appropriate, regularly scheduled meeting. The following examples
				illustrate situations in which an emergency meeting will be convened. This is
				not an exhaustive listing of all situations in which an emergency meeting will
				be considered appropriate:
1) An emergency
				meeting will be convened if a delay in petitioning the circuit court for
				enforcement of a subpoena will make it difficult or impossible for the court to
				enforce the subpoena.
2) An
				emergency meeting will be convened if a Commission Order is being violated, and
				a delay in an action for enforcement will make it difficult or impossible to
				put the parties into the position they would have been in had there been no
				violation of the Order.
3) An
				emergency meeting will be convened upon the motion of the Department if a delay
				in the approval of the terms and conditions of a settlement makes it difficult
				or impossible for either party to comply with the terms of the
				settlement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.845 - Agreed Motions and Orders

Current through Register Vol. 48, No. 28, July 12, 2024
If a motion has been agreed to by all parties, it shall
				  clearly state that it is an agreed motion on its face. Agreed motions shall be
				  considered in accordance with the procedure provided for in Section
				  5300.825
				  of this Subpart unless they are also emergency motions. An agreed motion shall
				  contain a proposed agreed order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.855 - Extension of Time

Current through Register Vol. 48, No. 28, July 12, 2024
All motions for extension of time directed to the Commission
				  shall contain the following information:
a) The number of previous motions for
				extension of time filed by the movant, and
b) The disposition by the Commission of
				previous motions for extension of time.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart H - PRACTICE IN FRONT OF THE COMMISSION › Section 5300.865 - Style of Documents for Commission Consideration

Current through Register Vol. 48, No. 28, July 12, 2024
Except for Requests for Review, documents presented for
				  filing before the Commission will not be accepted unless they are accompanied
				  by the number of copies specified in Subsection
				  5300.40(e)
				  of this Part. Every pleading filed for the consideration of a Commission panel
				  or the full Commission shall state on its face either "For the consideration of
				  a Commission panel" or "For the consideration of the full Commission." Any
				  document which does not comply with this Section will not be accepted for
				  filing by the Commission.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.910 - Finality of Recommended Order

Current through Register Vol. 48, No. 28, July 12, 2024
If no timely exceptions to the Recommended Order and Decision
				  are filed in accordance with Section
				  5300.920
				  of this Part, the Recommended Order and Decision shall become the order of the
				  Commission without further review. The Commission will serve on the Parties a
				  notification that a Recommended Order and Decision has become the order of the
				  Commission pursuant to this Section. The failure to file exceptions to a
				  Recommended Order and Decision shall constitute a waiver of any arguments which
				  could have been made to a Commission panel. A Party who fails to file
				  exceptions shall be deemed to have failed to exhaust administrative remedies.
				  If exceptions are filed, the Recommended Order and Decision will not be
				  considered final unless and until it is made final by a Commission panel
				  pursuant to this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.920 - Exceptions to Recommended Order

Current through Register Vol. 48, No. 28, July 12, 2024
Within thirty (30) days after service of the Administrative
				  Law Judge's Recommended Order and Decision upon any Party, such Party may file
				  with the Commission written exceptions, supported by argument, to the findings
				  and recommended order of the Administrative Law Judge. Copies of such written
				  exceptions and argument shall be served by such Party on all other Parties at
				  the time of filing with the Commission, and proof of service provided. Except
				  by permission of the Commission, the exceptions and argument shall not exceed
				  thirty (30) pages.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.930 - Responses to Exceptions

Current through Register Vol. 48, No. 28, July 12, 2024
If written exceptions to the Recommended Order and Decision
				  are timely filed as hereinabove provided by any Party to the proceedings, all
				  other Parties shall have the opportunity to file written responses and
				  counter-arguments thereto. Such responses and counter-arguments shall be filed
				  with the Commission within twenty-one (21) days after the service of the
				  exceptions, and copies thereof served at the same time on all other Parties.
				  Except by permission of the Commission, the responses and counter-arguments
				  shall not exceed thirty (30) pages.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.940 - Extensions of Time

Current through Register Vol. 48, No. 28, July 12, 2024
A Party may request additional time to file a pleading
				  governed by Section
				  5300.920
				  or
				  5300.930
				  of this Part by written motion filed with the Commission stating the reasons
				  therefor. Copies thereof shall be served at the same time on all other Parties.
				  A request for additional time not exceeding fifteen (15) days in the case of a
				  pleading governed by Section
				  5300.920
				  or ten (10) days in the case of a pleading governed by Section
				  5300.930
				  shall be granted by the Commission through the issuance by the Executive
				  Director of a written order to all Parties; but such an extension shall be
				  designated as final and no further extensions with regard to that pleading will
				  be allowed. A request for additional time exceeding the aforementioned
				  limitations will be granted by a three-member panel of the Commission only
				  under exceptional circumstances.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.945 - Acceptance of the Recommended Order for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the filing of written exceptions
				and responses, a 3-member panel of the Commission shall decide whether to
				accept the case for review. If the panel declines to review the Recommended
				Order and Decision, it shall issue a notice to the Parties and enter the notice
				on the record. Upon the entry of the notice, the Recommended Order and Decision
				of the Administrative Law Judge shall become the Order of the Commission. In
				that case, all recommendations shall be considered accepted. If the
				Administrative Law Judge recommended a final disposition of the Complaint and
				charge, the Recommended Order and Decision shall be considered final and
				appealable.
b) Where a time limit
				is calculated based on the date of service of a Commission order, that time
				limit shall be calculated based on the date of service of the notice that the
				Commission has declined review. After the entry of the notice described in this
				Section, references in the Act or this Part to the Order and Decision of the
				Commission shall be deemed to be references to the Recommended Order and
				Decision of the Administrative Law Judge.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.950 - Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
Any Party to the proceedings shall be permitted to request
				  oral arguments in support or opposition to the Recommended Order and Decision,
				  by including a written demand therefor at the time of filing exceptions or
				  responses as hereinabove provided. If oral arguments are so requested and if
				  the Commission panel decides to review the Recommended Order and Decision, it
				  shall set a date for such arguments to be heard and shall serve notice in
				  writing of the time and place so fixed to all Parties at least 20 days prior
				  thereto. Any other Party not previously requesting oral argument shall be
				  allowed to present such arguments at the same time and place and should file a
				  written notice of intention to participate with the Commission, with service
				  thereof on all other Parties, not less than 10 days prior to the date set. If
				  no Party requests oral argument, and if the Commission panel decides to review
				  the Recommended Order and Decision, it shall decide the case based upon the
				  written record unless at least two members of the panel find that oral argument
				  is necessary to resolve an issue presented by the Recommended Order and
				  Decision, the exceptions or the response. In all such cases the Commission
				  shall serve notice of oral argument in writing. The Commission shall arrange
				  for a record of oral arguments to be made, transcribed and filed in its Chicago
				  office as part of the official record in the case.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.960 - Form of Pleadings and Other Papers

Current through Register Vol. 48, No. 28, July 12, 2024
All exceptions, responses and other papers filed with the
				  Commission shall conform with the provisions of Section
				  5300.40 of this
				  Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.970 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
A party or his representative shall not communicate, directly
				  or indirectly with any member of the Commission in connection with any issue in
				  a pending case except as provided in this Part and upon notice and opportunity
				  for all parties to participate.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart I - REVIEW OF RECOMMENDED ORDER AND DECISION › Section 5300.980 - Brief by Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Department in a matter where it is not a party, may be
				  granted leave by a three-member panel of Commissioners to submit an amicus
				  brief upon a question of law presented by the recommended order and decision.
				  Such leave will be granted upon motion to the Commission and a copy of the
				  motion shall be served on all parties. Such a motion should be made prior to
				  the time any party's exceptions to the recommended order and decision are due,
				  and if granted the Commission shall modify the schedule for submission of
				  exceptions and responses to afford the parties adequate time to respond to the
				  Department's brief. Such a motion by the Department will be granted by the
				  Commission if it is satisfied that the interests of justice would be served
				  thereby.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart J - REMANDMENT › Section 5300.1010 - Request To Present Additional Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
Any party to the proceedings may request an opportunity to
				  submit additional evidence for the record, subsequent to issuance of the
				  Administrative Law Judge's recommended order and decision, by including a
				  written request therefor at the time of filing exceptions or responses as
				  hereinabove provided. Such request shall be supported by a statement specifying
				  in detail the evidence which petitioner proposes to present, its relevance, and
				  the reasons why such evidence was not presented at the hearing. A request to
				  present additional evidence shall be granted by the Commission or a
				  three-member panel only if it determines that substantial justice so requires.
				  In general, such a request will be viewed with disfavor by the
				  Commission.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart J - REMANDMENT › Section 5300.1020 - Motion for Rehearing Before an Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
Any party may request a rehearing of all or any portion of a
				  case, before the same or a different Administrative Law Judge, by including a
				  written request therefor at the time of filing exceptions or responses as
				  hereinabove provided. Such request shall be supported by a statement of the
				  reasons why such party believes that a rehearing is necessary. A motion for
				  rehearing will be granted by the Commission or a three-member panel only if it
				  determines that substantial justice so requires.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart J - REMANDMENT › Section 5300.1030 - Remandment on the Commission's Own Motion

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission or a three-member panel on its own motion may
				  remand a case for a rehearing in whole or in part, or for the taking of
				  additional evidence, whenever in its opinion such action is necessary to do
				  justice in the case or to facilitate a fair and complete adjudication of the
				  issues.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart J - REMANDMENT › Section 5300.1040 - Remand Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Commission or a three-member panel shall
				  determine to remand any case, the Commission shall issue and serve upon all
				  parties a written order to such effect. The order shall provide that the cause
				  is remanded to an Administrative Law Judge, and shall specify the nature and
				  scope of the proceedings to be had. The person conducting such proceedings
				  shall set a date for hearing, if necessary, of not less than thirty nor more
				  than ninety days after service of the remand order, with due notice to all
				  parties. The remand proceeding shall be conducted in accordance with the
				  provisions of Subparts E and G of this Part. After conclusion of the
				  proceedings, the Administrative Law Judge shall file with the Commission
				  written findings and recommendations based thereon, and shall serve copies at
				  the same time on all parties. Such findings and recommendations shall be
				  subject to review by the Commission or a three-member panel as provided in
				  Subpart I of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1110 - Commissioners Participating

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission, through a panel of three members designated
				  by the Chairperson, shall decide whether to review the Recommended Order and
				  Decision of the Administrative Law Judge. If the panel decides to review the
				  Recommended Order and Decision, it shall review the record and render a
				  decision on behalf of the Commission with respect to all matters covered by the
				  Recommended Order and Decision.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1120 - Standard of Review

Current through Register Vol. 48, No. 28, July 12, 2024
If a panel of the Commission accepts a Recommended Order and
				  Decision for review, it shall accept the findings of fact of the Administrative
				  Law Judge as true and correct, unless it shall find that such findings or any
				  of them are contrary to the manifest weight of the evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1130 - Proposal for Decision

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Commission determines to reverse or
				  substantially modify a recommended order and decision on grounds not addressed
				  by exceptions, the Commission shall issue and serve upon all parties a Proposal
				  for Decision in the same form and manner as provided in Section
				  5300.1140 of
				  this Part. Said Proposal shall be accompanied by a notice affording all parties
				  not less than thirty (30) days from the date of service thereof to file written
				  exceptions to the entry of the decision. Such written exceptions, if any, shall
				  be in the same form and treated in the same manner as if filed under Section
				  5300.920.
				  If no such written exceptions are filed by any party, the Commission shall
				  enter the Proposal for Decision as its Order and Decision in the case, and
				  shall so notify the parties.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1140 - Order and Decision

Current through Register Vol. 48, No. 28, July 12, 2024
After a decision has been made to accept a Recommended Order
				  and Decision for review, and after all proceedings provided for in Subparts I,
				  J and K of this Part, except in cases which proceeded under the alternative
				  hearing procedure, the panel of three Commission members shall issue its Order
				  and Decision and shall serve a copy thereof on all parties and the Department
				  personally or by registered or certified mail. Subject to the provisions of
				  this Article, the Order and Decision of the Commission may affirm, reverse or
				  modify in whole or any part the Recommended Order and
				  Decision.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1145 - Interest

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever an Order and Decision, or a Final Order in a case
				  proceeding under the alternative hearing procedure, includes an award of
				  interest pursuant to Section 8A-104(J) of the Act, the amount of interest shall
				  be calculated according to the method set forth in this Section. This method
				  shall also be used when a Recommended Order and Decision includes an award of
				  interest and a panel of the Commission declines review.
a) Liability for interest begins on the first
				day of the calendar month following the civil rights violation. Interest shall
				accrue on a monthly basis thereafter. For example, if the violation occurred on
				June 15, liability for interest would begin on July 1, and the first month's
				interest would accrue on August 1.
b) The monthly rate of interest shall be 1/12
				of the annual rate of interest for judgments specified in Section 2-1303 of the
				Code of Civil Procedure [735
				ILCS 5/2-1303 ] for the calendar year in which
				interest accrues.
c) The monthly
				rate of interest shall be multiplied by the amount of damages which accrued as
				of the end of the last day of the month preceding the accrual of interest. For
				example, to calculate the amount of interest which accrues on August 1, one
				must multiply the monthly rate of interest by the amount of damages which
				accrued as of midnight on July 31.
d) Interest shall compound annually. For
				example, if the first month's interest accrued on August 1, 1988, the amount of
				monthly interest for August 1, 1989 would be calculated by adding the damages
				and interest which accrued as of July 31, 1989. This sum would then be
				multiplied by the applicable monthly rate.
e) Interest shall continue to accrue until
				the payment specified by the Order and Decision has been made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1150 - Rehearing Before Full Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days after service of the
				Commission's Order and Decision or a notice that review has been declined,
				issued in accordance with this Part, a Party may petition for rehearing before
				the entire Commission.
b) Such
				petition shall be in writing and filed at the Commission's Chicago office in
				person, via U.S. Mail, or electronically, with service thereof at the same time
				on all other Parties. The petition shall clearly specify the reasons why
				rehearing should be granted. The Commission, at its discretion, may order that
				a response to the petition be filed.
c) The petition and response, if any, shall
				be reviewed by the entire Commission and shall be granted only by a vote of
				four Commissioners when it is clear that the petition raises legal issues of
				significant impact or that panels of the Commission have reached conflicting
				decisions.
d) The Commission shall
				issue an Order on every petition, and shall serve a copy thereof on all Parties
				personally or by registered or certified mail. Whenever a petition for
				rehearing is granted, the Order shall notify the Parties of the time and place
				of oral argument before the Commission and whether any additional written
				arguments will be considered. Upon the granting of the petition for rehearing,
				the Commission's Order and Decision will be vacated.
e) When rehearing has been granted by the
				Commission in a matter where the Department is not a Party, the Department may
				request leave to file an amicus brief upon a question of law presented by the
				petition for rehearing upon motion to the Commission, a copy of which shall be
				served on all Parties. Such a motion by the Department will be granted by the
				Commission if it is satisfied that the interests of justice would be
				served.
f) Whenever rehearing is
				granted by the Commission in accordance with this Section, the Commission shall
				issue an Order and Decision en banc in the same manner as provided in Section
				5300.1140.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1160 - Modification of Commission Order

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to a final order of the Court in a
				  proceeding under Section 8-111 of the Act, the Commission or the panel which
				  decided the matter, upon its own motion or the motion of any Party, and with
				  due notice to all Parties, may modify or set aside in whole or in part any
				  finding or order made by it in the course of reviewing a Recommended Order and
				  Decision. In such event, the Commission shall issue and serve upon the Parties
				  a Supplemental Order and Decision in the same manner as provided in Section
				  5300.1140.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart K - ORDER AND DECISION OF THE COMMISSION › Section 5300.1170 - Interlocutory Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a Party
				desires to appeal to the appellate court an Order of a 3-member panel or the
				full Commission which is not final, a motion for appropriate findings must be
				made in writing within 14 days after the date of entry of the Order in
				question. The procedure for consideration of such motions shall be as described
				in Sections
				5300.805
				-
				5300.865
				of this Part.
b) The filing of a
				motion under this Section does not act as an automatic stay of the Order in
				question. If a Party wants the effect of the Order to be stayed while the
				motion for findings is being considered, this relief must be requested in the
				motion. If the motion for findings is granted, the Commission will
				automatically stay proceedings pending a ruling by the appellate
				court.
c) The 3-member panel or the
				full Commission will grant the motion for findings if it finds that the Order
				in question involves a question of law as to which there is substantial ground
				for difference of opinion and that an immediate appeal from the Order may
				materially advance the ultimate termination of the litigation.
d) If the Commission makes the required
				findings, the moving Party must file an application for leave to appeal within
				14 days after their entry, in accordance with Supreme Court Rule 308.