Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1100 - GENERAL PROCEDURES › Section 1100.20 - Filing and Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents relating to any proceeding
			 before the Illinois Educational Labor Relations Board (the Board) shall be
			 filed in either the Board's Springfield or Chicago office or shall be sent to
			 the Board's electronic mailbox (ELRB.mail@illinois.gov). Except as otherwise
			 specified in the rules of the Board, documents shall be considered filed with
			 the Board on the date they are received by the Board, except that documents
			 sent by certified or registered mail shall be considered to have been filed on
			 the date on which they are postmarked, and documents sent by overnight delivery
			 service shall be considered to have been filed on the date the receipt shows
			 they were given to the overnight delivery service. A party may file a document
			 by facsimile if the party also sends a hard copy. Documents may also be filed
			 electronically. The Board may direct parties to provide hard copies of
			 documents. Documents, including but not limited to documents filed
			 electronically, must be received by the close of business in order to be
			 considered to have been filed that day. Except for documents filed
			 electronically, a party must file an original and two copies of each document
			 in proceedings before a hearing officer or the Board.
b) Whenever 80 Ill. Adm. Code: Subtitle C,
			 Chapter III requires that a document be on a form developed by the Board, the
			 document may be prepared on a form obtained from the Board or on a facsimile
			 thereof. Minor deviations in the form of a document shall not be grounds for
			 objecting to the document. Minor deviations are those deviations that involve
			 form but not substance and thus do not prejudice any other party to the
			 case.
c) The Board will serve final
			 Board opinions, complaints and notices of hearing, petitions, intervening
			 claims, unfair labor practice charges, and fair share fee objections on the
			 appropriate parties by personal service, registered or certified mail, leaving
			 a copy at the principal office or place of business of the person required to
			 be served, or email in accordance with subsection (g). A party may agree to
			 service of the above documents by other means by giving written consent. The
			 Board may serve other documents by other means.
d) All documents, except those listed in
			 subsection (c), will be served on the appropriate parties by the party
			 propounding the document by means calculated to provide proper service. When a
			 party is represented in a proceeding before the Board, service shall be on the
			 party's representative. When a party is not represented, service shall be on
			 the party. Subpoenas will be served by the party requesting the subpoena by
			 personal service, registered or certified mail, leaving a copy at the principal
			 office or place of business of the person required to be served, or email in
			 accordance with subsection (g).
e)
			 Whenever a document is filed with the Board, it shall be accompanied by a
			 certificate of service. A certificate of service shall consist of a written
			 statement, signed by the party effecting service, detailing the name of the
			 party served and the date and manner of service.
f) Failure of a party to serve a document or
			 failure to attach a certificate of service may be grounds to strike the
			 document, if the failure results in prejudice to another party (such as lack of
			 notice or detrimental reliance) or demonstrates disregard of the Board's
			 processes (such as continued noncompliance).
g) The Board may provide service upon a party
			 or its representative through email. Documents issued by the Board in
			 connection with a Board proceeding may be served by email in lieu of other
			 specified means of service. The following procedures for service of documents
			 and other information by verifiable electronic methods, including, but not
			 limited to, email (collectively referred to as "service") will apply to service
			 under 80 Ill. Adm. Code, Subtitle C, Chapter III:
1) A party or its representative shall
			 designate an email address at which service is accepted upon filing an unfair
			 labor practice charge, representation petition, or notice of
			 appearance.
2) A party or its
			 representative shall immediately notify the Board of a change of email address.
			 Any person or entity who regularly practices before the Board shall verify the
			 email address on an annual basis.
3) The showing of interest in a
			 representation petition shall not be served by email. No document containing
			 protected confidential or personally identifying information, as set out in
			 Section 10-75(b) of the Illinois Administrative Procedure Act [5 ILCS 100],
			 shall be served by email.
4)
			 Service by email is effective at the time of the transmission and will be
			 deemed confirmed unless a failure to deliver message is received for all
			 designated email addresses for that Board proceeding. If the Board receives
			 notification that service to all designated email addresses fails, the Board
			 will accomplish service by some other means, such as facsimile or First-Class
			 or Priority Mail to the last facsimile or mailing address provided by the
			 party.