reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart H - MISCELLANEOUS FILINGS › Section 1620.830 - Designation of Ethics Officer

Current through Register Vol. 48, No. 28, July 12, 2024
Each officer and the head of each State agency under
				  the jurisdiction of the Executive Ethics Commission shall designate an ethics
				  officer for the officer or State agency
[
				  5 ILCS 430/20-23
				  ].
a) The designation of the ethics
				officer shall be in writing and shall be forwarded to the Executive Ethics
				Commission and to the appropriate Executive Inspector General.
b) The Executive Ethics Commission and the
				appropriate Executive Inspector General shall be notified in writing of the
				ethics officer's name, business address, telephone number and e-mail address
				within 30 days after the appointment of a new ethics officer.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart I - TRAINING PROGRAMS › Section 1620.900 - Ethics Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Beginning
				in 2014, on or before February 1
of each year, each ultimate
				jurisdictional authority
(UJA)
shall submit an annual report
				to the Commission that summarizes ethics training that was completed during the
				previous
calendar
year and lays out the plan for the ethics
				training programs in the coming year.
[5 ILCS
				430/5-10(b) ]
b) This report shall contain the following
				information:
1) A copy of all materials used
				in the ethics training of employees and officers of the UJA during the previous
				year.
2) The number of officers or
				employees who completed ethics training in the previous year, identified by
				agency and, if applicable, training program type.
3) The identity of any officers or employees
				who, for any reason, failed to complete required ethics training during the
				previous year; the reason, if available, for each failure; and what
				disciplinary or administrative action the UJA has imposed or plans to impose in
				response to this failure.
4) All
				ethics training materials to be used during the current calendar year to train
				employees subject to the jurisdiction of that UJA, if available by February 1.
				If these materials are not available on February 1, they should be forwarded at
				least 8 weeks before training commences but shall be submitted no later than
				September 1.
5) Other information
				deemed necessary by the Commission to fulfill its duties.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart I - TRAINING PROGRAMS › Section 1620.910 - Harassment and Discrimination Prevention Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each UJA shall submit to the Commission by
				February 1 of each year a report that summarizes the harassment and
				discrimination prevention training program that was completed by officers and
				employees under its jurisdiction during the previous calendar year and lays out
				the plan for the training program in the current year.
b) This report shall be submitted in a
				commonly available and searchable format (e.g., PDF) and contain the following
				information:
1) A description of how initial
				and annual harassment and discrimination prevention training of employees and
				officers of the UJA was delivered during the previous year, including
				descriptions of the content covered, the materials used, and delivery
				modes.
2) The number of officers or
				employees who completed harassment and discrimination prevention training in
				the previous year, identified by agency and, if applicable, training program
				type.
3) The names of any officers
				or employees who, for any reason, failed to complete the required harassment
				and discrimination prevention training during the previous year; the reason
				(e.g., on authorized leave of absence), if available, for each failure; and
				what disciplinary or administrative action the UJA has imposed or plans to
				impose in response to this failure. As these reports will be made available to
				the public on the Commission's website, care should be taken not to include
				information disclosure of which would constitute an unwarranted invasion of
				personal privacy.
4) An explanation
				of how proof of completion of harassment and discrimination prevention training
				was submitted to the ethics officers in the prior year and will be submitted in
				the current year.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart J - INVESTIGATION REPORTS AND SUMMARY REVIEWS › Section 1620.1000 - Investigation Reports Finding a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
If an Executive Inspector General
or the
				  Attorney General, pursuant to Section 20-50 or 20-51 of the Act, respectively,
upon the conclusion of an investigation, determines that reasonable
				  cause exists to believe that a violation has occurred, then the Executive
				  Inspector General
or Attorney General
, shall issue a summary
				  report of the investigation. The report shall be delivered to the appropriate
				  Ultimate Jurisdictional Authority and to the head of each State agency affected
				  by or involved in the investigation, if appropriate.
[5 ILCS
				  430/20-50 ]
a) The summary report of the investigation
				shall include the following:
1) The unique
				tracking number of the investigation.
2)
A description of any allegations
				or other information received by the Executive Inspector General
or
				Attorney General
pertinent to the investigation.
3) A summary of investigative steps taken.
				This summary need not disclose any confidential investigation
				techniques.
4)
A
				description of any alleged misconduct discovered in the course of the
				investigation.
5)
Recommendations for any corrective or disciplinary action to be taken
				in response to any alleged misconduct described in the report, including but
				not limited to discharge.
6)
Other information the Executive
				Inspector General
or Attorney General
deems relevant to the
				investigation or resulting recommendation.
[5 ILCS
				430/20-50(b) ]
7) The last known mailing addresses for all
				subjects or, if the subjects are represented by counsel, the mailing address
				for their counsel.
8) The date of
				the last alleged violation of the Act or other State law, rule or policy giving
				rise to the investigation.
9) Other
				information deemed necessary by the Commission to fulfill its duties.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart J - INVESTIGATION REPORTS AND SUMMARY REVIEWS › Section 1620.1010 - Investigation Reports Finding No Violation

Current through Register Vol. 48, No. 28, July 12, 2024
If, upon the conclusion of an investigation, an
				  Executive Inspector General
or the Attorney General
determines
				  that there is insufficient evidence that a violation has occurred, the
				  Executive Inspector General
or Attorney General
shall close
				  the investigation and provide the Commission with a written statement.
[
				  5 ILCS
				  430/20-51 ]
a) The statement shall contain:
1) The unique tracking number of the
				investigation.
2) A description of
				any allegations or other information received by the Executive Inspector
				General or Attorney General pertinent to the investigation.
3) A summary of investigative steps taken.
				This summary need not disclose any confidential investigation
				techniques.
4) The facts or
				conclusions of law that form the basis for the Executive Inspector General's
				determination that no violation of the State Officials and Employees Ethics Act
				has occurred.
5) Recommendations
				for any corrective action to be taken in response to any findings made in the
				report, if any.
6) Other
				information the Executive Inspector General deems relevant to the investigation
				or resulting statement.
7) Other
				information deemed necessary by the Commission to fulfill its duties.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart J - INVESTIGATION REPORTS AND SUMMARY REVIEWS › Section 1620.1020 - Release of Summary Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of a founded summary report finding a violation described in Section
				1620.1000 that resulted in a
				suspension of at least 3 days or termination, or, at the discretion of the
				Commission, upon the receipt of any founded summary report,
the
				Commission shall redact information that may reveal the identity of witnesses,
				complainants or informants. The Commission may also redact information to
				protect the identity of a person or any other information it believes should
				not be made public.
[5 ILCS
				430/20-52(b) ]
b) The Commission shall forward the version
				of the report and response it intends to make available to the public to the
				Attorney General, appropriate Executive Inspector General and respondents.
Each may offer,
within 15 days,
the Commission
				suggestions for redaction or provide a response that shall be made public with
				the summary report.
[5 ILCS
				430/20-52(b) ]
c) After considering the suggestions for
				redaction, if any, the Commission shall reassess what should be made available
				to the public and prepare a version of the report and response for publication.
				If any portion of the report and response subject to public release relates to
				allegations concerning a 20-63 Complainant, the Commission shall, within 5
				business days prior to the report's release, provide the 20-63 Complainant with
				an opportunity to review that portion and offer suggestions for redaction or to
				provide a response to be made public with the report response, subject to
				review and redaction by the Commission in accordance with section 20-52(b) of
				the Ethics Act. Where publication is required due to the level of resultant
				discipline, the Commission shall post the report and response on the
				Commission's web site within 60 days after receipt of the report and
				response.
d)
The Commission
				may determine not to make the report or response available to the public if the
				Executive Inspector General or Attorney General certifies that releasing the
				report to the public will interfere with an ongoing investigation.
[5 ILCS
				430/20-52(c) ]
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart J - INVESTIGATION REPORTS AND SUMMARY REVIEWS › Section 1620.1025 - Allegations of Sexual Harassment Violations by Lobbyists

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 14(d-5)(5) of the Secretary of
				  State Act [
				  15 ILCS 305/14
				  (d-5)(5)], the Secretary of State Inspector General ("Inspector General" for
				  the rest of this Section) shall, upon completion of a review of allegations
				  that an individual required to be registered under the Lobbyist Registration
				  Act [ 25 ILCS 170 ] has engaged in one or more acts of sexual harassment,
				  submit a summary of the review to the Commission.
a) The summary of the review shall include
				the following:
1) The unique tracking number
				of the review.
2) A statement of
				whether the Inspector General determines that reasonable cause exists to
				believe an individual required to be registered under the Lobbyist Registration
				Act has engaged in one or more acts of sexual harassment and an explanation of
				the basis for that determination.
3) A description of any allegations or other
				information received by the Inspector General pertinent to the
				review.
4) A summary of
				investigative steps taken. This summary need not disclose any confidential
				investigation techniques.
5) If
				reasonable cause exists to believe there has been an act of sexual harassment,
				then:
A) A description of the alleged
				misconduct discovered in the course of the review.
B) The last known mailing addresses for all
				subjects or, if the subjects are represented by counsel, the mailing address
				for their counsel.
C) The date of
				the last alleged violation of the Act or other State law, rule or policy giving
				rise to the investigation.
6) Other information the Inspector General
				deems relevant to the review or resulting recommendation.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart K - DISCIPLINARY ACTION › Section 1620.1100 - Disciplinary Action under the Ethics Act

Current through Register Vol. 48, No. 28, July 12, 2024
Disciplinary action under the Ethics Act against a
				  person subject to the Personnel Code, the Secretary of State Merit Employment
				  Code, the Comptroller Merit Employment Code, or the State Treasurer Employment
				  Code is within the jurisdiction of the Executive Ethics Commission and not
				  within the jurisdiction of those Acts.
[
				  5 ILCS
				  430/20-55(c) ]
a) An allegation of a violation of the Ethics
				Act shall set forth with particularity a statement of facts and a designation
				of the applicable provisions of the Ethics Act that have been violated or not
				complied with. Allegations of Ethics Act violations shall be set forth
				separately from any other allegations of violations.
b) Any appeal must be filed with the
				Commission within 15 days after the date on which the affected person knew,
				received written notice, or, through the use of reasonable diligence, should
				have known, of the disciplinary action. The affected person shall
				simultaneously serve a copy of the appeal on the Director of the Department of
				Central Management Services (CMS) or the Secretary of State, Comptroller or
				Treasurer, as appropriate.
c) The
				form of the appeal shall be captioned substantially as follows:
IN THE EXECUTIVE ETHICS COMMISSION OF THE STATE OF
							 ILLINOIS
IN RE APPEAL OF
)
No. _______________
(employee),
)
)
Appeal
d)
				The appeal shall state facts and argument to support the person's appeal.
				Relevant documents may be attached as exhibits.
e) The CMS Director or the Secretary of
				State, Comptroller or Treasurer, as appropriate, may respond within 15 days
				after the appeal.
f) Within 60 days
				after the receipt of the appeal and response, the Commission may set the matter
				for hearing if it concludes that substantial issues of fact or law exist, or
				issue its decision, so long as the penalty to be imposed is not removal,
				discharge, demotion or suspension for a period of more than 30 days within a
				12-month period.
g) If the penalty
				to be imposed is removal, discharge, demotion or suspension for a period of
				more than 30 days within a 12-month period, the Chair or Administrative Law
				Judge, if any, shall set the matter for hearing.
h) While related allegations of non-Ethics
				Act violations are pending with other entities, the Commission may continue
				proceedings before it generally and suspend time periods described in this
				Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart K - DISCIPLINARY ACTION › Section 1620.1110 - Hearings to Contest Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
Any hearings to contest disciplinary action for a
				  violation of the Ethics Act against a person subject to the Personnel
				  Code
[20 ILCS 414 ]
, the
				  Secretary of State Merit Employment Code
[15 ILCS 310
				  ]
, the Comptroller Merit Employment Code
[15 ILCS
				  410 ]
, or the State Treasurer Employment
				  Code
[15 ILCS 510 ]
pursuant
				  to an agreement between an Executive Inspector General and a UJA shall be
				  conducted by the Executive Ethics Commission and not under any of those
				  Acts.
[5 ILCS
				  430/20-55(d) ]
a) If the penalty to be imposed on an
				affected person is removal, discharge, demotion or suspension for a period of
				more than 30 days within a 12-month period or, if the Commission determines
				that a hearing is appropriate pursuant to Section
				1620.1100, the Chair or
				Administrative Law Judge, if any, shall set the matter for hearing.
b) For purposes of these hearings, the agency
				has the burden of proof.
c)
				Hearings and pre-hearing matters will be conducted in accordance with Sections
				1620.420,
				1620.430,
				1620.460,
				1620.470,
				1620.490,
				1620.500,
				1620.510,
				1620.520 and
				1620.530.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart L - PROCUREMENT CODE PROVISIONS › Section 1620.1200 - Procurement Code Conflicts of Interest Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
An appropriate Chief Procurement Officer may file a
				  request with the Executive Ethics Commission to exempt named individuals from
				  the prohibitions of Section 50-13 of the Procurement Code when, in his or her
				  judgment, the public interest in having the individual in the service of the
				  State outweighs the public policy evidenced in that Section.
[
				  30 ILCS 500/50-20
				  ]
a) The request shall be in writing
				and describe in detail the nature of the conflict and the reason or reasons why
				the individual should be exempted from Section 50-13 of the Procurement
				Code.
b) Upon receipt of the
				request for an exemption, the Commission shall set a date, time and location
for a public hearing at which any person may present written or oral
				testimony, and provide public notice of
the hearing
on its web
				site
. The Commission shall also appoint a hearing officer to conduct
				the public hearing.
c)
The
				Chief Procurement Officer making the request for an exemption shall publish
				notice of the date, time and location of the hearing in the online
				electronic
Illinois Procurement
Bulletin at least 14 days
				prior to the hearing and provide notice to the individual subject to the waiver
				and to the Procurement Policy Board.
[
				30 ILCS 500/50-20
				]
d) Within 60 days after the
				public hearing, the Commission shall release a decision that grants or denies
				the exemption. The decision shall include a statement setting forth the name of
				the individual and all the pertinent facts that would make that Section
				applicable, setting forth the reason for the exemption and declaring whether
				the individual was exempted from Section 50-13 of the Procurement Code. This
				decision shall be published in the Illinois Procurement Bulletin and, if the
				decision grants the exemption, also be filed with the Secretary of State and
				the Comptroller.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart L - PROCUREMENT CODE PROVISIONS › Section 1620.1250 - Potential Conflict of Interest Submittal from the Procurement Policy Board

Current through Register Vol. 48, No. 28, July 12, 2024
If the Procurement Policy Board makes a
				  recommendation to void a contract or void a bid or offer and the Chief
				  Procurement Officer selected or intends to award the contract to the bidder or
				  offeror, the Executive Ethics Commission shall hold a public hearing within 30
				  days after receiving the Board's recommendation.
[
				  30
				  ILCS 500/50-35(d) ]
a) The Procurement Policy Board shall forward
				its recommendations to void a contract, bid or offer pursuant to Section
				50-35(d) of the Illinois Procurement Code, to the Executive Director of the
				Commission and the appropriate Chief Procurement Officer within five days after
				making the recommendation. The recommendation shall contain the following
				information:
1) The name and contact
				information of the bidder, offeror, contractor and/or subcontractor.
2) A statement of all relevant facts the
				Board considered in reaching its recommendation, including the names of all
				individuals that provided information or testified.
3) A statement of all relevant legal
				conclusions the Board made in reaching its recommendation.
4) A written or recorded record of the
				Board's hearing, if one took place.
5) A copy of all documents relied upon by the
				Board in making its recommendation.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart L - PROCUREMENT CODE PROVISIONS › Section 1620.1270 - Prohibited Bidder Exceptions for Higher Education

Current through Register Vol. 48, No. 28, July 12, 2024
The Chief Procurement Officer for Higher Education may file a
				  request for the Executive Ethics Commission's approval
to permit a
				  public institution of higher education to accept a bid or enter into a contract
				  with a business that assisted the public institution of higher education in
				  determining whether there is a need for a contract or assisted in reviewing,
				  drafting, or preparing documents related to a bid or contract.
[
				  30
				  ILCS 500/1-13(e) ]
a) The approval request shall be in writing
				and shall include:
1) a description of the
				bid or contract, including the total contract price and the relationship to the
				research needs of the public institution of higher education;
2) a description of the assistance provided
				by the vendor to the public institution of higher education; and
3) an explanation of the reasons for
				selecting the vendor and of why it is in the best interest of the public
				institution of higher education to accept the bid or contract, notwithstanding
				the restrictions of Section 50-10.5(e) of the Procurement Code.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1300 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Chief Procurement Officers (CPOs), State Purchasing Officers
				  (SPOs), Procurement Compliance Monitors (PCMs), and Chief Internal Auditors are
				  appointed to five year terms and are subject to removal or, in the case of
				  Chief Procurement Officers, discipline only after a hearing by or before the
				  Executive Ethics Commission. These hearings are to be held in accordance with
				  the contested case provisions of the Illinois Administrative Procedure Act [ 5
				  ILCS 100 /Art.10] and the provisions of this Subpart M.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1310 - Instituting a Complaint for Removal or Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cases may be commenced only by the filing
				of a complaint with the Commission as follows:
1) For removal or discipline of CPOs, by the
				Governor or the director of a State agency directly responsible to the Governor
				(see
				30 ILCS
				500/10-20(b) );
2) For removal of SPOs, by the CPO or the
				executive officer of the State agency housing the SPO or to which the SPO has
				been assigned (see
				30 ILCS
				500/10-10 );
3) For removal of PCMs, by the appropriate
				CPO or executive officer of the State agency housing the PCM or to which the
				PCM has been assigned (see
				30 ILCS
				500/10-15 );
4) For removal of Chief Internal Auditors, by
				the chief executive officer of one of the appropriate designated State
				agencies, as these terms are defined in the Fiscal Control and Internal
				Auditing Act [ 30 ILCS 10 ].
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1320 - Service of Process, Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
				filing a complaint with the Commission, a complainant shall serve a
				file-stamped copy on each respondent in the same manner as process is served
				under Part 2 (Process of the Civil Practice Law of the Code of Civil Procedure)
				[ 735 ILCS 5 /Art. II, Part 2]. The complainant shall file the proof of service
				with the Commission.
b) The
				Commission shall forward copies of complaints filed under this Section and any
				notices of evidentiary hearings to certain persons, if not parties, as follows:
1) For removal or discipline of CPOs, to the
				Governor (see
				30 ILCS
				500/10-20 );
2) For removal of SPOs, to the CPO and the
				executive officer of the State agency housing the SPO or to which the SPO has
				been assigned (see
				30 ILCS
				500/10-10 );
3) For removal of PCMs, to the appropriate
				CPO and the executive officer of the State agency housing the PCM or to which
				the PCM has been assigned (see
				30 ILCS
				500/10-15 ).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1330 - Contents of the Complaint and Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The complaint must contain charges that
				are specific enough to apprise the respondent of the nature and substance of
				the cause alleged for removal. If a breach of a statutory duty or a rule is
				alleged, the specific statute or rule shall be cited in connection with the
				charge.
b) Charges shall be set
				forth in separate paragraphs and contain the dates, names of persons, places
				and information reasonably calculated to apprise the respondent of the
				allegations that are the basis of the complaint.
c) At any time prior to commencement of
				hearing or prior to the close of hearing, the Administrative Law Judge may,
				upon motion of a party, permit amendment of the complaint if no undue surprise
				results that would prejudice the opposing party's right to a prompt hearing or
				impose an injustice on either side.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1340 - Objections to Sufficiency of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
A respondent may file written objections contesting the
				  sufficiency of the complaint within 15 days after service. For good cause, the
				  Administrative Law Judge may grant an extension of time. If the respondent
				  fails to object to the complaint, a general denial of the facts set forth in
				  the complaint shall be considered filed.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1350 - Sufficiency of the Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after the time for respondent to file an objection to the
				complaint has expired, the Commission shall meet in person or by telephone in a
				closed session to review the sufficiency of the complaint. If the Commission
				finds that the complaint is sufficient, the Commission shall notify the parties
				via certified mail, return receipt requested, of the decision. The notice shall
				include an evidentiary hearing date scheduled within four weeks after the date
				of the notice. The Commission may grant, for good cause shown, a continuance of
				the evidentiary hearing date contained in the notice. If the Commission finds
				that the complaint is insufficient for any reason, the Commission shall notify
				the parties via certified mail, return receipt requested, of the
				decision.
b) A complaint is
				sufficient if it complies with Section
				1620.1330
				and if it contains allegations of fact that, if proven, constitute cause for
				discharge.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1360 - Cause for Discharge or Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cause for discharge consists of some
				substantial shortcoming that renders the respondent's continuance in his or her
				position in some way detrimental to the discipline and efficiency of the
				service and that the law and sound public opinion recognize as good cause for
				the respondent no longer holding the position.
b) In determining the appropriate level of
				discipline for a CPO, the Commission shall consider the respondent's
				performance record, including disciplinary history, and the respondent's length
				of continuous service, unless the offense would warrant immediate discharge in
				accordance with subsection (a).
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1370 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
Discovery shall be obtained through the following
				  methods:
a) Bill of Particulars - A
				respondent may request additional information regarding the charges. Written
				demands for relevant information concerning the charges shall be answered
				within 10 days after service unless objected to by the complainant.
b) Written Interrogatories - A party may
				direct written interrogatories to any other party. The interrogatories shall be
				restricted to the subject matter of the complaint or defense and shall avoid
				placing undue detail, excessive burden, or expense on the answering party.
				Within 10 days after service, the answering party shall serve on the
				propounding party an answer, under oath or affirmation, or an objection to each
				interrogatory. When appropriate, a document may be served in answer to an
				interrogatory. Supplemental interrogatories shall not be allowed except on
				leave of the Administrative Law Judge for good cause shown.
c) Production, Inspection, Copying or
				Photographing of Documents and Tangible Things - A party, by written request
				served upon the other parties, may require production for inspection, copying
				or photographing any document, object or tangible thing that is relevant to the
				subject matter of the complaint or defense. The party upon whom the request is
				served shall respond to the request within 10 days, stating, with respect to
				each item or category, that inspection and related activities will be permitted
				as required, unless the request is objected to by an opposing party, stating
				the reasons for objection.
d) List
				of Witnesses and Documents - Upon timely request prior to a hearing on the
				merits, each party to the proceeding shall serve on the other party:
1) A list of names and home or work addresses
				of the witnesses the party proposes to call in its case in chief.
2) All documents the party proposes to offer
				in its case in chief.
3) All
				written or recorded statements of the party's witnesses that may be used by an
				adverse party for the purpose of cross-examination.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1380 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
The Chairperson and the Administrative Law Judge, if any,
				  shall have authority to issue subpoenas in the name of the Commission to compel
				  the presence of witnesses for purposes of testimony and the production of
				  documents and other items for inspection and copying.
a) Subpoenas may be issued upon written
				request of either party if:
1) the request is
				reasonably designed to produce or lead to the production of evidence related to
				the alleged violation;
2) the terms
				of compliance are reasonable given the time frames and other
				circumstances;
3) the party seeking
				the subpoena has attempted and failed to obtain the subject of the subpoena
				through other means; and
4) the
				subpoena is properly prepared and presented for signature.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1390 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless made
				orally on the record during a hearing, all motions shall be in writing and
				shall briefly state the order or relief requested and the specific grounds upon
				which relief is sought. Motions based on a matter that does not appear on
				record shall be supported by affidavit.
b) A written motion shall be served at the
				same time upon all parties and filed with the Commission's Springfield
				office.
c) Written motions and
				responses to motions shall set forth the arguments and authorities relied upon
				to permit the Administrative Law Judge to make a decision without oral argument
				on the motion. Parties may request a hearing that will be granted or denied
				based on the Administrative Law Judge's determination of need.
d) Within seven days after service of a
				motion, a participant or party may file a response to the motion. If no
				response is filed, the participant or party shall be presumed to have waived
				objection to the granting of the motion, but the waiver of objection does not
				bind the Administrative Law Judge in the decision on the motion. Unless undue
				delay or material prejudice would result, the Administrative Law Judge will not
				grant any motion before expiration of the seven-day response period. The moving
				person shall not have the right to reply, except as permitted by the
				Administrative Law Judge.
e)
				Arguments on preliminary motions may be held by telephone conference by order
				of the Administrative Law Judge.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1400 - Order of Evidentiary Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Administrative Law Judge shall open the evidentiary hearing by explaining
				the procedure to be followed in the hearing. Upon motion of either party or at
				the discretion of the Administrative Law Judge, any or all witnesses may be
				sequestered.
b) Preliminary matters
				such as objection to charges, disputes involving discovery, stipulation of
				facts and documents, and scheduling of witnesses may be resolved.
c) Each party shall be given the opportunity
				to make a brief opening statement identifying the issues and indicating what is
				to be proven.
d) Parties and
				non-parties identified in Section
				1620.1320
				as entitled to notice of the hearing shall be permitted to present their
				respective arguments on the complaint.
e) All witnesses shall testify under oath or
				affirmation.
f) Each party may
				conduct such cross-examination as required for a full and true disclosure of
				the facts. The Administrative Law Judge may also examine witnesses.
g) Before closing the hearing, the
				Administrative Law Judge may allow both parties the opportunity to make brief
				oral and/or written closing statements.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1410 - Public Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The evidentiary hearing shall be open to the
				  public.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1420 - Proposal for Decision and Response

Current through Register Vol. 48, No. 28, July 12, 2024
a) In a contested case in which the members
				of the Commission have not heard the case or read the record, the findings and
				decision of the Administrative Law Judge appointed by the Commission to conduct
				the hearing or the results of the investigation shall be mailed to the parties
				prior to the Commission's rendering a final decision.
b) Unless arrangements to the contrary have
				been made, parties may file a response to the proposal for decision within 30
				days. Responses shall be served on the other party.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1430 - Decision of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days after the hearing or after briefs or responses are due,
				whichever is later, the Commission shall enter a decision.
b) A final decision shall include findings of
				fact and conclusions of law, separately stated. Findings of fact, if set forth
				in statutory language, shall be accompanied by a concise and explicit statement
				of the underlying facts supporting the findings. The decision or order shall be
				delivered or mailed forthwith to each party or to his or her attorney of
				record.
c) The final decision shall
				make a finding as follows:
1) For CPOs, as to
				whether the respondent shall be removed or whether other disciplinary action
				shall be taken.
2) For SPOs, as to
				whether the Commission makes to the appropriate CPO a non-binding
				recommendation for removal of the respondent
3) For PCMs, as to whether the respondent
				shall be removed.
4) For Chief
				Internal Auditors, as to whether the Commission finds cause for removal of the
				respondent.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1440 - Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chair
				or Executive Director of the Commission, or another person designated by the
				Commission, may serve as Administrative Law Judge (ALJ). An ALJ shall possess a
				license to practice law in the State of Illinois.
b) An ALJ assigned to a proceeding may, upon
				written request to and approval of the Executive Director, recuse himself or
				herself from the proceeding.
c)
				Whenever any party believes an ALJ for any reason should be disqualified from
				conducting, or continuing to conduct, a proceeding assigned to him or her, that
				party may file a motion with the ALJ to disqualify the ALJ, setting forth by
				affidavit the alleged grounds for disqualification. The ALJ shall have 7 days
				after filing of the motion within which to enter a written ruling on the
				motion. A copy of the ruling shall be served upon all parties. A party may
				appeal an ALJ's ruling on his or her disqualification to the Chair of the
				Commission.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1450 - Authority of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrative Law Judge has the authority to conduct a
				  hearing, take all necessary action to avoid delay, maintain order, and insure
				  the development of a clear and complete record. The Administrative Law Judge
				  shall have all powers necessary to conduct a hearing, including the power
				  to:
a) Administer oaths and
				affirmations;
b) Regulate the
				course of hearings, set the time and place for continued hearings, fix times
				for filing of documents, provide for the taking of testimony by deposition if
				necessary, and generally conduct the proceedings according to generally
				recognized administrative law and this Part;
c) Examine witnesses and direct witnesses to
				testify. If a witness refuses to answer a question after being directed to do
				so, the Administrative Law Judge may make such orders with regard to the
				refusal as are just and appropriate, including but not limited to excluding the
				testimony of a witness, admitting certain facts for purposes of the proceeding
				or dismissing the appeal if the witness is under control of a party;
d) Limit the number of times any witness may
				testify, limit repetitious or cumulative testimony and set reasonable limits on
				the amount of time each witness may testify and be cross-examined;
e) Rule upon offers of proof and receive
				relevant evidence;
f) Direct
				parties to appear and confer for the settlement or simplification of issues,
				and to otherwise conduct prehearing conferences;
g) Dispose of procedural requests or similar
				matters;
h) Render findings of
				fact, conclusions of law and proposals for decision for an order of the
				Commission;
i) Reprimand or exclude
				from the hearing any person for disruptive or improper conduct committed in the
				presence of the Administrative Law Judge;
j) Take official notice of generally
				recognized facts, administrative rules and regulations, and statutes;
k) Enter a protective order to ensure the
				protection of any confidential or proprietary information, information
				specifically prohibited from disclosure by federal or State law or rules or
				regulations adopted under federal or State law, or information that, if
				disclosed, would constitute a clearly unwarranted invasion of personal
				privacy;
l) Enter any order that
				further carries out the purposes of this Part.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1460 - Appearances - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
In all cases filed before the Commission, all respondents not
				  appearing pro se must be represented of record by a member of the Illinois Bar
				  or as otherwise allowed by Illinois Supreme Court Rule. An attorney
				  representing a respondent shall file a written notice of appearance with the
				  Commission identifying the attorney by name, address, telephone and facsimile
				  number, and attorney registration number, and may not withdraw an appearance
				  without leave of the Commission or Administrative Law Judge.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1470 - Record of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever an evidentiary hearing is held under this Part, it
				  shall be recorded by a court reporter or other means that adequately preserves
				  the record. Parties who order copies of the transcript are responsible for the
				  cost of the copies. A party who has requested an order of protection (request
				  that certain information remain confidential during and after the hearing)
				  shall be responsible for redacting the protected information from the
				  transcript.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1620 - ORGANIZATION, INFORMATION, RULEMAKING AND HEARINGS › Subpart M - ACTIONS FOR REMOVING AND DISCIPLINING CERTAIN OFFICERS › Section 1620.1480 - Service of Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Manner of
				Service. When copies of papers filed with the Commission are required to be
				served on the opposing party, these copies shall be served personally, by first
				class mail, or in a manner agreed to by the parties and approved by the
				Administrative Law Judge.
b) Proof
				of Service. Proof that copies were served on the opposing party must be filed
				with the papers required to be filed with the Commission. Proof of service
				shall consist of the statement of the individual making service specifying the
				manner and date of the service.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1650 - RULES OF THE CAPITAL DEVELOPMENT BOARD › Subpart A - ORGANIZATION › Section 1650.110 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
				consist of seven members appointed pursuant to Section 5 of the Capital
				Development Board Act [
				20 ILCS 3105/5
				].
b) The Board may employ an
				executive director or acting executive director. The person so employed shall
				serve as the chief executive officer of the Board.
c) The Executive Director or Acting Executive
				Director, as the case may be, shall supervise the activities of the agency
				staff in the discharge of such functions as are designated by the
				Board.
d) The agency staff shall be
				considered under the employ of the Board for all purposes.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1650 - RULES OF THE CAPITAL DEVELOPMENT BOARD › Subpart A - ORGANIZATION › Section 1650.210 - Absence or Disability of Executive Director or Acting Executive Director

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall select a person who shall act in the event of
				  absence or disability of the Executive Director or Acting Executive
				  Director.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1650 - RULES OF THE CAPITAL DEVELOPMENT BOARD › Subpart A - ORGANIZATION › Section 1650.410 - Rulemaking Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The need
				for rulemaking may arise from legislative enactment, court decisions which
				significantly change existing law, major changes in organization and operations
				within the agency, and other similar occurrences.
b) Proposed rules are drafted by the Office
				of Legal Counsel with appropriate participation of other agency staff members.
				Proposed rules are circulated to the Executive Director and other appropriate
				agency staff members for review and comment. The proposed rules are then sent
				to the Board for members' approval.
c) After the Board has approved the proposed
				rules they are filed, along with required supporting data, with the Secretary
				of State. All requirements for administrative rulemaking mandated by the
				Illinois Administrative Procedure Act [ 5 ILCS 100 ] shall be followed to
				completion of the rulemaking process.
d) Before adoption, the rules are reviewed by
				the Board if substantive changes are made through the rulemaking
				process.
Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1650 - RULES OF THE CAPITAL DEVELOPMENT BOARD › Subpart B - ILLINOIS BUILDING AUTHORITY › Section 1650.1010 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Building Authority was abolished January 1,
				  1982, by Public Act 82-235. All rights and duties of the Illinois Building
				  Authority were transferred to the Board. [20 ILCS
				  3110/1.1 ] Matters which were formerly Illinois
				  Building Authority responsibilities are now under the Board's jurisdiction and
				  are dealt with under a division of the Illinois Capital Development
				  Board.