Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 50 - MERIT COMMISSION › Section 50.80 - Allocation Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 calendar days after service of the Director's
			 reconsideration decision. A copy of the notice of appeal must be served upon
			 the Director. Such notice should state the name of the employee, his Department
			 or Division, and a description of the classification dispute.
b) Upon the receipt of a notice of appeal,
			 the Director, shall file with the Commission within 20 calendar days a
			 submission setting forth in full a clear and brief recitation of all relevent
			 facts, argumentative facts, and documentary evidence submitted in exhibit form
			 to substantiate the reconsidered decision. If said 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 judgement may be
			 granted. A copy of the submission shall be served upon the employee.
c) Within 20 calendar days of the receipt of
			 the Director's submission, the employee must file with the Commission an answer
			 setting forth all relevant facts, argumentative facts, and documentary evidence
			 in exhibit form. A copy of such answer must be served upon the Director. The
			 employee shall point out with particularity the employee's disagreement with
			 the submission of the Director.
d)
			 If upon reviewing the material submitted by the Director the employee desires
			 an oral conference, he/she should so state at the beginning of his/her answer.
			 If upon reviewing the employee's answer, the Director desires an oral
			 conference, he/she should so indicate within five calendar days of the receipt
			 of the employee's answer. An informal conference will be convened if requested
			 by either of the parties, and at least 10 calendar days notice will be given
			 the parties of the time and date of such hearing.
e) Parties may be heard either in person, by
			 counsel, or by other representatives as they may respectively elect.
f) The Commission may make its decision on
			 the pleadings, i.e., the submission and answer, if sufficient non-controverted
			 facts exist 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.
g) Upon failure to comply with this Section,
			 the Commission may make its decision on the facts before it if sufficient facts
			 exist, or it may default the non-complying party. Such a decision shall be
			 deemed to be a decision on the merits of the appeal. In making such decision an
			 adverse inference shall be drawn against any party failing to comply with this
			 Section.
h) Unless inconsistent
			 with this Section, the procedures of Section
			 50.110
			 shall apply to formal allocation hearings.