Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart A - GENERAL PROVISIONS › Section 120.130 - Filing and Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents
				and requests permitted or required to be filed with the Director or the
				Department in connection with a hearing shall be addressed and mailed or
				delivered to the Department's Chicago office, 160 N. LaSalle, C-1300, Chicago
				IL 60601. The Department's Chicago office is open from 8:30 a.m. to 5:00 p.m.
				Monday through Friday, except for national and State legal holidays. When the
				Act or this Part requires the filing of a motion, brief, exception or other
				paper in any proceeding, the document must be received by the Department or the
				officer or agent designated to receive that matter before the official closing
				time of the receiving office on the last day of the time limit, if any, for the
				filing or extension of time that may have been granted. Filings received after
				5:00 p.m. will be considered filed on the following business day..
b) In computing any period of time prescribed
				or allowed by this Part, the day of the act, event or default after which the
				designated period of time begins to run is not to be included. The period of
				time shall run until the end of the last day, or the next following business
				day if the last day is a Saturday, Sunday or legal holiday. A request for an
				extension of time to file a document shall be filed no later than 5:00 p.m. at
				the Chicago Office on the date on which the document is due. Requests for
				extensions of time filed within three days after the due date must be grounded
				upon circumstances not reasonably foreseeable in advance.
c) Documents may be filed with the Department
				by certified or First Class mail, by messenger service, private delivery
				service, or personally at the Department's Chicago office. Filing by electronic
				transmission, such as telefax machine or electronic mail (e-mail), will not be
				accepted, except when specifically requested or ordered by the ALJ.
d) The date of service shall be the day when
				the matter served is deposited in the United States mail, or is deposited with
				a private delivery service that will provide a record showing the date the
				document was tendered to the delivery service, or is delivered in person. When
				service is made by facsimile transmission or e-mail, the date of service shall
				be the date on which transmission is sent. The date of filing shall be the day
				when the matter is received by the Department as provided by subsection (b).
				Service of documents by a party on other parties may be made personally, by
				certified mail, regular mail, e-mail (if the document was filed electronically)
				or private delivery service. Unless otherwise specified in this Part, service
				on all parties shall be made in the same manner as that utilized in filing the
				document with the Department, or in a more expeditious manner; however, when
				filing with the Department is done by hand, the other parties shall be promptly
				notified of that action by telephone or electronic mail, followed by service of
				a copy in a manner designed to insure receipt by the close of the next business
				day following the filing with the Department.
e) When service is made by certified mail,
				the return post office receipt shall be proof of service. When service is made
				by a private delivery service, the receipt from that service showing delivery
				shall be proof of service. However, these methods of proof of service are not
				exclusive. Any sufficient proof may be relied upon to establish
				service.
f) Failure to comply with
				the requirements of this Section relating to timeliness of service on other
				parties shall be a basis for either:
1)
				rejection of the document; or
2)
				withholding or reconsidering any ruling on the subject matter raised by the
				document until after service has been made and the served party has had
				reasonable opportunity to respond.