Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart E - HEARINGS › Section 5300.515 - Election to Proceed Under the Alternative Hearing Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parties may elect
				to proceed under the alternative hearing procedure set forth in Section
				8A-102.5 of the Act. A unanimous election to proceed under the alternative
				hearing procedure must be stipulated in writing by all Parties.
b) For any Complaint filed with the
				Commission, a written election to proceed under the alternative hearing
				procedure must be filed with the Commission on or before 30 days after the
				filing of all Respondents' answers to the Complaint, unless the Chief
				Administrative Law Judge on motion and for good cause shown extends the time.
				If an extension is granted, the written election must be filed prior to the
				service by any Party of any discovery request, or prior to the expiration of
				the extension, whichever comes first.
c) Any Party may obtain from the Commission
				the list of the pool of Administrative Law Judges currently available for the
				alternative hearing procedure at the Chicago or the Springfield office by
				telephonic, electronic, or written request.
d) The written election to proceed under the
				alternative hearing procedure, signed by all Parties, shall be entitled
				"Stipulation of Election of Alternative Hearing Procedure Pursuant to Section
				8A-102.5" and shall state:
The Parties hereby stipulate to proceed under the alternative
				  hearing procedure set forth in Section 8A-102.5 of the Illinois Human Rights
				  Act. The parties acknowledge that they have certain rights under the regular
				  hearing procedure, including but not limited to more discovery and the right of
				  appeal. The parties knowingly and voluntarily waive those rights.
The Parties hereby select Administrative Law Judge _______ to
				  hear this matter; or
The Parties shall inform the Commission in writing of their
				  selection of an Administrative Law Judge within 10 days after the filing of
				  this stipulation. The Parties hereby acknowledge that there is no right to
				  vacate or revoke this stipulation except if the selected Administrative Law
				  Judge becomes unavailable to issue a Final Order disposing of the
				  Complaint.
The Parties hereby acknowledge that there shall be only
				  limited discovery available to them as specified in Section
				  5300.715
				  of the Commission's Procedural Rules.
The Parties hereby acknowledge that there is no right of
				  appeal from the selected Administrative Law Judge's Final Order disposing of
				  the Complaint based upon a dispositive motion or upon the pleadings and
				  evidence presented at hearing, and hereby waive all right of appeal except for
				  Orders procured by fraud or duress.
e) If a selected Administrative Law Judge
				becomes unavailable due to death, leaving the Commission's employment or any
				other cause, during the proceeding of a matter and is thereby unavailable to
				issue a Final Order disposing of the Complaint, within 30 days after the
				receipt of a written notice of such unavailability from the Commission, the
				Parties shall inform the Commission in writing of their selection of another
				Administrative Law Judge to continue proceeding under the alternative hearing
				procedure on the matter based on the record to date. If the Parties fail to
				timely select a successor Administrative Law Judge, the matter shall
				automatically no longer continue under the alternative hearing procedure and
				shall be reassigned to an Administrative Law Judge by the Chief Administrative
				Law Judge pursuant to Section
				5300.520(b).