Procedural Rules: Cook County Human Rights Ordinance
Effective November 10, 1994
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Table of Contents
PART 100 DEFINITIONS 1
SUBPART 110 GENERAL DEFINITIONS 1
SUBPART 120 PROCEDURAL DEFINITIONS 3
Section 120.100 Time Computation 3
Section 120.110 Service 3
Section 120.120 Certificate of Service 3
Section 120.130 Filing with the Commission 4
Section 120.140 Representation of Parties 4
Representation by Supervised Senior Law Students or Graduates 4
Appearance of Attorney/Representative 4
Nonresident Attorney . . . . . . . . . . . . . . . . . . . . . . . .
4
PART 200 COMMISSION RULEMAKING 5
Section 200.100 Construction of Rules 5
Section 200.110 Effect of Rules 5
Section 200.120 Amendment of Rules 5
Section 200.130 Availability of Rules 5
Section 200.140 Petition for Rulemaking 5
PART 300 DELEGATION OF AUTHORITY BY COMMISSIONERS 5
Section 300.100 Delegation 5
Section 300.110 Exceptions 6
PART 400 PROCEDURAL REQUIREMENTS 6
SUBPART 410 JURISDICTION 6
SUBPART 420 COMPLAINT PROCESS 7
Section 420.100 Filing of Complaint by Complainant 7
Time of Filing 7
Filing 7
Section 420.105 Complaint Content 7
Section 420.110 Form 7
Section 420.115 Effect of Filing a Complaint 8
Section 420.120 Commission Initiated Complaints 8
i
Section 420.125
Docketing of Complaint 8
Section 420.130 Service of Complaint 8
Section 420.135 Maintenance of Records by Respondent 8
Section 420.140 Amendment of Complaint 8
Technical Defects or Omissions 8
Amendment Prior to Evidence Determination 8
Amendment Subsequent to Evidence Determination 9
Motions to Amend Complaint 9
Substitution or Addition of Complainant 10
Substitution or Addition of Respondent 11
Misnomer 12
Death of a Party 12
Form of Amended Complaint 12
Response to Amended Complaint 12
Section 420.145 Class Actions 12
Section 420.150 Consolidation 13
Section 420.155 Counterclaims 13
Section 420.160 Withdrawal of Complaint 13
Section 420.165 Response 13
Default Procedure for Failure to Respond 14
Section 420.170 Motions 14
Section 420.175 Briefing 15
SUBPART 430 SUBPOENAS 15
Section 430.100 Issuance of Subpoenas 15
Commission Initiated 15
Party Initiated 15
Section 430.105 Manner of Service of Subpoenas 16
Mail 16
In Person 16
Section 430.110 Witness and Mileage Fees for Subpoenas 17
Commission Initiated 17
Party Initiated 17
Section 430.115 Objections to Issued Subpoenas 17
Section 430.120 Failure to Comply with Subpoena 17
' SUBPART 440 COMPLAINT INVESTIGATION 18
Section 440.100 Investigation 18
Section 440.105 Investigation Deferral 18
Section 440.110 Fact-Finding or Evidentiary Conference 19
Section 440.115 Investigation Report 19
Section 440.120 Evidence Review 19
Section 440.125 Dismissal or Default Due to Failure to
Cooperate 20
Section 440.130 Access to Files 20
ii
Section 440.135
Access to Files by Parties 20
Section 440.140 Access to Files by Governmental Agencies 21
Section 440.145 Settlement and Conciliation 21
Informal Settlement Agreement 21
Conciliation Conference 22
Private Settlement Agreements 23
Section 440.150 Nondisclosure 23
Section 440.155 Terms of Conciliation or Settlement 24
Section 440.160 Noncompliance with Conciliation or Settlement
Terms 24
SUBPART 450 INDIVIDUAL RIGHT OF ACTION 24
SUBPART 460 ADMINISTRATIVE HEARING PROCEDURES 25
Section 460.100 Commencement of Administrative Hearing 25
Section 460.105 Powers and Duties of the Hearing Officer 26
Section 460.110 Motions to Disqualify 26
Section 460.115 Interlocutory Review of Disqualification
Decisions 26
Section 460.120 Rights of Parties at Administrative Hearing 26
Section 460.125 Briefing 26
Section 460.130 Failure to Appear 27
Section 460.135 Pre-Hearing Meeting 27
Section 460.140 Pre-Hearing Memorandum 27
Section 460.145 Discovery 29
Section 460.150 Privileges 30
Section 460.155 Stipulations 30
Section 460.160 Motions for Summary Judgment 31
Section 460.165 Motions and Objections 31
Section 460.170 Waiver of Objections 31
Section 460.175 Commission Employees as Witnesses 31
Section 460.180 Presentation of Case 31
Section 460.185 Exclusion of Evidence of Discussions During
Conciliation or Settlement Discussions 32
Section 460.190 Ex Parte Communications 32
Section 460.195 Continuation of Hearing 32
Section 460.200 Expedition of Proceedings 32
Section 460.205 Hearing Record 32
Official Record 32
Transcript 34
SUBPART 470 DECISION AFTER HEARING 34
Section 470.100 Hearing Officer's Decisions 34
Section 470.105 Commissioner's Decisions 35
Section 470.110 Statement of Attorneys' Fees and Costs 36
iii
SUBPART 480
REVIEW OF DETERMINATIONS AND DECISIONS 38
Section 480.100 Request for Reconsideration 38
Review Other than After an Administrative Hearing 38
Interlocutory Order 38
Rehearing 38
Section 480.105 Content of Request for Reconsideration and
Responses 39
Section 480.110 Grant or Denial of Request for Reconsideration
39
Other Than After an Administrative Hearing 39
Interlocutory Orders 39
Section 480.115 Appeal of a Final Order or Decision of the
Commission 39
Section 480.120 Compliance with Decision 40
Section 480.125 Enforcement of Judgment 40
SUBPART 490 MISCELLANEOUS 40
Section 490.100 Commission Deadlines 40
Section 490.110 Withdrawal of Attorney or Representative Appearance 40
Section 490.120 Attorney Fees and Costs 40
Section 490.130 Interpreters 41
Section 490.140 Accessibility 41
Section 490.150 Effect of Other Laws 41
Section 490.160 Separability 41
Section 490.170 Copying Fees 41
Section 490.180 Motions for Extensions of Time and Continuances
42
Section 490.190 Verification 42
iv
PART 100 DEFINITIONS
SUBPART 110 GENERAL DEFINITIONS
"ADMINISTRATIVE HEARING" means the administrative hearing commenced by
a Hearing Officer subsequent to a determination by the Executive
Review Committee that substantial evidence of a violation of the
Ordinance exists.
"CHAIRPERSON" means one of the eleven Commissioners who is elected by
the body of Commissioners to serve as Chairperson of the Commission.
"COMMENCEMENT OF ADMINISTRATIVE HEARING" means that point in time when
a case is assigned by Commission Staff to a Hearing Officer.
"COMMISSION" means the Cook County Commission on Human Rights.
"COMMISSION STAFF" means those individuals who shall perform
investigative, clerical, administrative or other duties as described
and delegated by the Commissioners through the Executive Director.
"COMMISSIONERS" means the members of that body of eleven Commissioners
appointed by the President of the Cook County Board and approved by
the County Board pursuant to the Ordinance.
"COMPLAINANT" means any person who files a Complaint with the
Commission.
"COMPLAINT" means a sworn statement filed with the Commission either
on the form provided for this purpose by the Commission, or on a form
that is substantially equivalent, alleging a violation(s) of the
Ordinance as defined by these rules.
"CONCILIATION CONFERENCE" means a conference convened by the
Commission with the goal of securing a resolution of a Complaint prior
to an Administrative Hearing on the merits of the Complaint. This
conference shall be conducted by a Conciliator designated by the
Commission and may be convened by the Commission at any time during
the pendency of a Complaint, but prior to the Commencement of
Administrative Hearing.
"CONCILIATOR" means an individual who is an attorney duly licensed by
the State of Illinois, and who is designated by the Commission to
conduct a Conciliation Conference.
"COUNTY" means the County of Cook, State of Illinois, including both
incorporated and unincorporated areas of the County.
"COUNTY BOARD" means the Cook County Board of Commissioners.
"EVIDENCE DETERMINATION" means a determination by the Commission
subsequent to an investigation into the allegations of a Complaint by
the Commission that either substantial evidence or a lack of
substantial evidence exists of a violation(s) of the Ordinance.
"EXECUTIVE DIRECTOR" means that individual appointed by the President
of the County Board who shall supervise the Commission Staff, and who
shall coordinate all administrative functions of the Commission.
"EXECUTIVE REVIEW COMMITTEE" means members of the Commission Staff
recommended by the Executive Director and approved by the
Commissioners, to carry out with the Executive Director's approval
various duties and responsibilities including but not limited to
Evidence Determinations.
"FINAL ORDER" means: (1) an order dismissing a Complaint if no Request
for Reconsideration is filed within the prescribed 30-day time period;
(2) a Commission Order ruling on a Request for Reconsideration filed
after an order dismissing a Complaint; (3) a Commission order ruling
on a motion to vacate default and judgment; (4) a Commission order
ruling on an Administrative Hearing; (5) a Commission order ruling on
attorney's fees and costs subsequent to an Administrative Hearing; or
(6) a Commission order ruling on a Request for Reconsideration filed
after a Commission order ruling on an Administrative Hearing.
"HEARING OFFICER" means an individual who is an attorney duly licensed
by the State of Illinois, and who is designated by the Commission to
conduct an Administrative Hearing.
"ORDINANCE" means the Cook County Human Rights Ordinance passed by the
County Board on March 16, 1993, effective May 21, 1993.
"PARTY OR PARTIES" means any person who files a Complaint with the
Commission (i.e., Complainant), including a person who has alleged or
has proved to have been injured by a violation of the Ordinance or
believes he/she will be injured by a violation of the Ordinance that
is about to occur, and any person alleged by the Complainant to have
committed a violation of the Ordinance (i.e., Respondent).
"PERSON" means one or more individuals; partnerships, associations, or
organizations; labor organizations, labor unions, joint apprenticeship
committees, or union labor associations; corporations; recipients of
funds from Cook County government; legal representatives, trusts,
trustees in bankruptcy, or receivers; state governments other than
that of Illinois; or commercial operations or entities controlled by
governments other than those of Illinois or the United States.
"REQUEST FOR RECONSIDERATION" means a request for reconsideration of a
Commission decision or order, either prior to an Administrative
Hearing or subsequent to an Administrative Hearing, pursuant to the
rules set forth herein.
"RESPONSE" means a statement which must be filed with the Commission
either on the form provided for this purpose by the Commission, or on
a form that is substantially equivalent, setting forth the
Respondent's Response to the allegation(s) of a violation(s) of the
Ordinance as defined by these rules and set forth in the Complaint.
"RESPONDENT" means any person alleged by the Complainant to have
committed a violation of the Ordinance.
"UNLAWFUL DISCRIMINATION" means discrimination against a person
because of the actual or perceived fact, practice or expression of a
person's race, color, sex, age, religion, disability, national origin,
ancestry, sexual orientation, marital status, parental status,
military discharge status, source of income or housing status, or
because of the actual or perceived association with such a person.
SUBPART 120 PROCEDURAL DEFINITIONS
Section 120.100 Time Computation
For purposes of computing any period of time provided for under
the Ordinance, or under these rules, the date of any act,
event, service or default from which such period of time begins
to run shall not be included. If the last day of such period of
time shall fall on a Saturday, a Sunday or a federal, state, or
County government legal holiday, such time period shall
continue to run until the end of the next day which is not a
Saturday, a Sunday, or a federal, state, or County government
legal holiday. Unless otherwise stated herein, all days shall
be calendar days.
Section 120.110 Service
All Complaints, motions, orders, notices, discovery, and other
items required to be served under these rules, shall be served
by personal delivery, by private messenger service, or by
depositing them in a United States mailbox, with appropriate
postage prepaid. If service is by personal delivery or by
private messenger service, service shall be presumed complete
upon receipt. If service is by United States mail, service
shall be presumed complete three business days after mailing.
In the event that motions, notices, discovery, or any other
items are required to be served in accordance with these rules,
or by order of the Commission or Hearing Officer (if any
assigned), within a time period of 7 or fewer days, service by
facsimile will be accepted.
Section 120.120 Certificate of Service
In all instances where service is required, a certificate of
service shall be filed with the Commission, consisting of the
verified statement of the individual making service, specifying
the person on whom or on which service was made, and the manner
and date of such service.
Section 120.130 Filing with the Commission
Except as provided in Section 420.100 herein, all documents
required by the Ordinance or by these rules to be filed with
the Commission shall be considered filed when received by the
Commission during regular business hours in person, by United
States mail, or by private messenger service. Unless otherwise
specified herein, an original and one copy are required of all
documents filed with the Commission.
Any document required to be filed in accordance with these
rules, or by order of the Commission or Hearing Officer (if any
assigned), within a time period of 7 or fewer days, may be
filed with the Commission via facsimile, provided the original
and one copy are received in the Commission's office within 3
days of the facsimile transmission.
Section 120.140 Representation of Parties
(A) Representation by Supervised Senior Law Students or
Graduates
Any student in or graduate of a law school who satisfies all of
the eligibility requirements set forth in Illinois Supreme
Court Rule 711 may represent any party before the Commission to
the extent permitted by, and under the same conditions as set
forth in that section.
(B) Appearance of Attorney/Representative
If a Complainant or Respondent chooses to be represented by
counsel or other representative at any stage of the proceedings
before the Commission, such counsel or representative must file
with the Commission his or her appearance form before the
Commission Staff will discuss the Complaint with him or her,
and before he or she will be permitted to have access to
Commission files or to attend a Conciliation Conference or an
Administrative Hearing on behalf of his or her client. The
appearance form must be served on all other parties to the
proceeding or, another party is represented, on that party's
counsel or representative.
(C) Nonresident Attorneys
An attorney who is not licensed by the State of Illinois may be
granted leave to appear on behalf of a party on a pro hac vice
basis in the same manner and circumstances as provided in
Illinois Supreme Court Rule 711.
PART 200 COMMISSION RULEMAKING
Section 200.100 Construction of Rules
These rules shall be liberally construed to accomplish the
purposes of the Ordinance.
Section 200.110 Effect of Rules
These rules shall constitute the policy and practice of the
Commission and shall govern activities of the Commission,
provided that such rules are consistent with the Ordinance.
Section 200.120 Amendment of Rules
Changes in these rules may be made by a vote of a majority of
the full membership of the Commissioners at a regular or
special meeting of the Commissioners.
Section 200.130 Availability of Rules
The rules of the Commission shall be available to the public,
and copies may be obtained from the Office of the Cook County
Commission on Human Rights, 118 North Clark Street, Room 624,
Chicago, Illinois 60602.
Section 200.140 Petition for Rulemaking
Any person may request that the Commission promulgate, amend,
or repeal a rule by submitting a written petition to the
Chairperson. The petition, which shall be in writing, shall set
forth in particular the rulemaking action desired, and should
contain the person's arguments or reasons in support thereof.
Any petition filed in accordance herewith shall be considered
by the Commissioners, and the petitioner shall be notified in
writing as to its disposition. Any rulemaking undertaken in
response to such petition shall be conducted in accordance with
Section 200.120 herein.
PART 300 DELEGATION OF AUTHORITY BY COMMISSIONERS
Section 300.100 Delegation
Except as to those matters specifically enumerated below, the
Commissioners may delegate to the Commission Staff, as the
Commissioners consider necessary, any matter properly before
the Commission. Any delegation of authority by the
Commissioners to the Commission Staff shall be effectuated in
accordance with both the Ordinance and the rules adopted and
approved by the Commissioners.
Section 300.110 Exceptions
The following matters are reserved for consideration of and
disposition by the Commissioners:
(A) Rulemaking and similar proceedings involving the
promulgation of Commission rules and guidelines;
(B) Conducting Commission meetings;
(C) Commencing Commission-initiated Complaints;
(D) Approving Complaint withdrawals subsequent to a substantial
evidence determination or subsequent to Commencements of
Administrative Hearings;
(E) Final decision on a Complaint subsequent to completion of
an Administrative Hearing and subsequent to review of the
Hearing Officer's final proposed decision and order;
(F) Final decision on a petition for attorney fees subsequent
to completion of an Administrative Hearing and subsequent to
review of the Hearing Officer's final proposed decision and
order on attorney fees;
(G) Rendering an annual report of the Commission's activities;
and
(H) Conducting public hearings to ascertain the status and
treatment of various racial, ethnic, religious, cultural and
social groups within society, and finding means of alleviating
discrimination and bias, and of improving human relations
within Cook County.
PART 400 PROCEDURAL REQUIREMENTS
SUBPART 410 JURISDICTION
Any person, including persons not able to work lawfully in the
United States, may file with the Commission a Complaint
alleging a violation of the Ordinance, if the alleged violation
occurred in whole or in part in the County.
SUBPART 420 COMPLAINT PROCESS
Section 420.100 Filing of Complaint by Complainant
(A) Time of Filing
A Complaint must be filed with the Commission within 180 days
from the date of the alleged occurrence of the violation of the
Ordinance. If the alleged violation is of a continuing nature,
the date of occurrence may be any date subsequent to the
commencement of the violation, up to and including the date on
which it may have ceased.
(B) Filing
Except as provided in Section 420.120, a Complaint must be
filed with the Commission in person, by United States mail,
with appropriate postage prepaid, or by private messenger
service. A Complaint shall be considered filed upon receipt
thereof by the Commission. The Complaint must be in writing and
verified. The Commission may waive any of the requirements in
this paragraph upon a showing of extraordinary circumstances.
Section 420.105 Complaint Content
A Complaint shall be in such detail as to substantially apprise
any party of the date, place and facts with respect to the
alleged violation of the Ordinance. A Complaint must contain
the following:
(A) the full name and address of the Complainant or a statement
that the Complaint is filed in the name of the Commission
itself;
(B) the full names(s), address(es) and telephone number(s) (if
known) of the Respondent(s); and
(C) a statement of the facts alleged to constitute the
violation of the Ordinance, including the date(s) and place(s)
thereof, and the basis of discrimination.
The failure of a Complaint to contain any matter required by
this section is not jurisdictional and may be cured by
amendment under section 420.140 herein.
Section 420.110 Form
The Complaint shall be substantially in the same form as the
form attached hereto as Exhibit A. The Complainant may attach
documentation in support of his/her Complaint.
Section 420.115 Effect of Filing a Complaint
The filing of a Complaint or the failure to file a Complaint
with the Commission does not bar any person from seeking any
other remedy that may be provided by law.
Section 420.120 Commission Initiated Complaints
The Commission itself may initiate a Complaint. A Complaint
initiated by the Commission shall be signed by the Chairperson
and shall be in the same form and shall follow the same content
requirements as specified in Sections 420.105 and 420.110
herein.
Section 420.125 Docketing of Complaint
Each Complaint, once filed, shall be docketed and assigned a
case number by the Commission.
Section 420.130 Service of Complaint
The Commission shall serve upon the Respondent a copy of any
Complaint (original or amended) filed against the Respondent
along with a copy of the Response statement form, within 10
days of the filing of the Complaint with the Commission.
Section 420.135 Maintenance of Records by Respondent
Once a Complaint has been served on a Respondent, the
Respondent shall preserve all records and other material which
may be relevant to the Complaint until the matter has been
closed.
Section 420.140 Amendment of Complaint
(A) Technical Defects or Omissions
A Complaint, or any part thereof, may be amended as a matter of
right to cure technical defects or omissions at any time, and
such amendments shall relate back to the original filing date.
(B) Amendment Prior to Evidence Determination
A Complaint, or any part thereof, may in good faith be amended
by the Complainant as a matter of right to clarify or amplify
allegations made therein, or to set forth additional facts or
allegations related to the matter of the original charge, at
any time prior to an Evidence Determination, and such amendment
shall relate back to the original filing date.
(C) Amendment Subsequent to Determination of Substantial
Evidence
(1) The Commission, if before the Commencement of
Administrative Hearing, or the Hearing Officer, if after the
Commencement of Administrative Hearing, may grant a
Complainant's motion to amend his/her Complaint after a finding
of substantial evidence, upon a finding that:
(a) Either the claims to be added did not arise before the
original Complaint was filed, or, if they did, the Complainant
did not know about them when he/she filed the original
Complaint (such as when the Complainant first learns of the
information during discovery); and
(b) Any objecting party fails to demonstrate that the inclusion
of such allegations would prejudice it in maintaining its
action or defense upon the merits.
(2) When issues not raised by the Complaint are presented at an
Administrative Hearing by either express or implied consent of
the parties, they shall in all respects be treated as if they
had been raised in the Complaint. Amendment of the Complaint
may occur at any time, even after judgment, upon motion of any
party, as may be necessary to cause the Complaint to conform to
the evidence. If the evidence is objected to at the
Administrative Hearing on the grounds that it is not within the
issues set forth in the Complaint, the Hearing Officer may
allow the Complaint to be amended and shall do so freely when
the presentation of the merits of the action will be served
thereby and the objecting party fails to satisfy the Hearing
Officer that the admission of such evidence would prejudice the
party in maintaining the party's action or defense upon the
merits. The Hearing Officer may grant a continuance to enable
the objecting party to meet such evidence.
(D) Motions to Amend Complaint
Any motion to amend the Complaint made pursuant to Section
420.140 (C) must be filed with the Commission and the Hearing
Officer (if any assigned) and must be served on all other
parties. Any other party may respond to the motion by filing a
response with the Commission and serving it on the Hearing
Officer (if any assigned) and the other parties within 14 days
of receipt of the motion.
(E) Substitution or Addition of Complainant
(1) Grounds
A Complainant may amend his or her Complaint to substitute or
name an additional Complainant(s) and have that amendment
relate back to the original filing date by filing a written
motion setting forth the elements described below:
(a) The cause of action alleged by the person sought to be made
a Complainant arises out of the same transaction or occurrence
set forth in the original Complaint;
(b) The Respondent(s) had timely knowledge of the original
Complaint and the fact that the person sought to be added or
substituted might be involved as a Complainant;
(c) The additional or substituted Complainant(s) sought to be
added could have independently filed a Complaint against the
Respondent(s) in the first instance;
(d) If the motion is made after a finding of substantial
evidence, the addition or substitution of the person sought to
be joined as a Complainant does not raise new factual questions
which were not considered by the Commission in its
investigation; and
(e) Any objecting party fails to demonstrate that such
amendment would prejudice it in maintaining its action or
defense upon the merits.
(2) Procedure
Any motion to substitute or name an additional Complainant(s)
must be filed with the Commission and served on all other
parties and the person(s) sought to be joined. Any other party
or the person(s) sought to be joined may file with the
Commission a response with the Commission to the motion and
serve it on the other parties and the person(s) sought to be
joined within 14 days of receipt of the motion.
(F) Substitution or Addition of Respondent
(1) Grounds Prior to an Evidence Determination
A Complainant may amend his or her Complaint to substitute or
name an additional Respondent(s) prior to an Evidence
Determination, and such an amendment shall relate back to the
original filing date, by filing with the Commission a written
motion showing that, at the time of the amendment, a separate
Complaint could be filed against such additional or substituted
Respondents(s), or such additional or substituted Respondent(s)
had received notice of the original charge and the fact that
Respondent(s) might be involved therein so that the
Respondent(s) will not be prejudiced in maintaining its defense
on the merits.
(2) Grounds After a Finding of Substantial Evidence
A Complainant may amend his or her Complaint to substitute or
name additional Respondents after a finding of substantial
evidence, and such an amendment shall relate back to the
original filing date, by filing with the Commission a written
motion setting forth the elements described below:
(a) The original Complaint in the case was filed within 180
days after the date of the alleged Ordinance violation
allegedly committed by the person sought to be added or
substituted as a Respondent;
(b) The person sought to be added or substituted as a
Respondent was given notice or had knowledge of the filing of
the original Complaint;
(c) The nature of the original Complaint was such that the
person sought to be added or substituted knew or should have
known, within the 180-day period, that the Complaint grew out
of a transaction or occurrence involving or concerning the
person;
(d) The addition or substitution of the person does not raise
new factual questions which were not considered by the
Commission in its investigation; and
(e) Any objecting party fails to demonstrate that such
amendment would prejudice it in maintaining its claim or
defense upon the merits.
(3) Procedure
Any motion to substitute or name additional Respondent(s) must
be filed with the Commission and served on all other parties
and the person(s) sought to be joined. Any other party or the
person(s) sought to be joined may file a response to the motion
and must serve it on the other parties and the person(s) sought
to be joined within 14 days of receipt of the motion.
(G) Misnomer
Misnomer means a mistake in naming a person or place. Mere
misnomer shall not be grounds for dismissal and may be cured at
any time as long as the correct party was actually served.
(H) Death of a Party
When a party dies at any time during the pendency of the
proceedings, such party's legal representative may be
substituted for the deceased upon amendment of the Complaint.
(I) Form of Amended Complaint
The amended Complaint shall be in writing, shall be verified,
and shall be in the same form and shall follow the same content
requirements as specified in Sections 420.105 and 420.110
herein with respect to the original Complaint.
(J) Response to Amended Complaint
Unless otherwise specified by the Commission or the Hearing
Officer (if any assigned), a response to an amended Complaint
pursuant to Section 420.140 (B), (C), (E) or (F) must be made
in accordance with Section 420.165 herein.
Section 420.145 Class Actions
Class actions, as defined by 735 ILCS 5/2-801, are not
permitted to be filed at the Commission.
Section 420.150 Consolidation
Whenever two or more Complaints involve a common question of
law or fact, the Commission may consolidate them or it may
order a joint Conciliation Conference or Administrative Hearing
concerning the common questions whenever this can be done
without prejudice to the parties.
Section 420.155 Counterclaims
Counterclaims are not permitted to be filed in any matter
pending before the Commission.
Section 420.160 Withdrawal of Complaint
A Complainant may request to withdraw a Complaint or any part
thereof at any time prior to an Evidence Determination by the
Commission. A Complainant's request to withdraw a Complaint
shall be in writing, shall be signed by the Complainant or
his/her attorney of record, and shall be verified. If the
request is knowingly and voluntarily made, the Commission shall
approve the request and enter an order dismissing the
Complaint. The Commission shall serve notice of the dismissal
upon all parties.
Section 420.165 Response
(A) The Respondent shall file a Response to the Complaint
within 30 days of service of the Complaint by the Commission.
This Response must be signed by the Respondent, or one of its
partners, officers, or agents. The Response shall be verified.
A Response shall be filed with the Commission in accordance
with Section 120.130 herein.
(B) The Response shall contain appropriate identification of
the Respondents, including but not limited to their names,
addresses and names of representatives, if any. The Respondent
shall state in the Response, in short and plain terms,
his/her/its defenses to each claim asserted, and shall admit or
deny the allegations upon which the Complaint is based. The
Respondent may attach documentation, including a position
statement, in support of his/her/its Response. If he/she/its is
without knowledge or information sufficient to form a belief as
to the truth of an allegation, he/she/its shall so state which
statement shall have the effect of a denial. Any allegation not
responded to shall be deemed admitted.
(C) Failure to file a Response may result in a negative
inference being drawn against the Respondent, or in a default
order and judgment being entered against the Respondent.
(D) Default Procedure for Failure to Respond
(1) If the Respondent fails to file a timely Response, the
Commission may issue a Notice of Default. If the Respondent
fails to respond to a Notice of Default within 30 days, an
Order of Default will be entered against the Respondent. The
Respondent may file a Request for Reconsideration of the Order
of Default pursuant to Section 480.100(A) herein. The
Respondent must show good cause as to why a Response was not
timely filed (i.e., present with specificity any reason for
Respondent's failure to file a timely Response). If a Request
for Reconsideration is granted, the Order of Default will be
set aside, and the Commission will proceed with its
investigation of the Complaint.
(2) If a Request for Reconsideration is not made or if a
Request for Reconsideration is made and denied, an
Administrative Hearing will be scheduled. The Commission shall
send all parties notice stating the time and place of the
Administrative Hearing. The Administrative Hearing will be
conducted by a Hearing Officer designated by the Commission.
The Complainant, at the Administrative Hearing, will have an
opportunity to establish a prima facie case of discrimination
and to prove up any damages.
(3) Subsequent to an Administrative Hearing and within 30 days
of entry of the Commission's Default Order and Judgment, a
Respondent may obtain review of the Default Order and Judgment
by filing with the Commission a Motion to Vacate. The
Respondent either through affidavits or other relevant
documentation must establish due diligence and set forth the
existence of a meritorious defense which through no fault of
Respondent was never heard by the Commission. If the Motion to
Vacate is denied, the Default Order and Judgment is considered
a final Commission order. If the Motion to Vacate is granted,
and the Default Order and Judgment is vacated, the Commission
will proceed with its investigation of the Complaint.
Section 420.170 Motions
(A) Any motions, including motions to dismiss, directed to the
Commission must be made in writing, must be served upon all
parties, and must be filed with the Commission, except as
otherwise provided for by the Commission, or as otherwise set
forth in these rules.
(B) Any objection or response to a written motion or brief
shall be filed with the Commission, if at all, within 14 days
after service of any such motion or brief, or within such other
time period as the Commission shall order, and shall be served
within the same time period upon all other parties.
Section 420.175 Briefing
If the Commission determines that written submissions may help
clarify any question of law or fact, the Commission may require
the parties to submit, by a specified date, briefs not to
exceed any page limit set by the Commission.
SUBPART 430 SUBPOENAS
Section 430.100 Issuance of Subpoenas
(A) Commission-Initiated
The Commission may issue a subpoena on its own initiative at
any time, for the appearance of witnesses, the production of
evidence, or both, as set forth in the Ordinance. If a person
does not comply with a subpoena on the date set for compliance,
whether because of refusal, neglect, or a change in the
compliance date (such as due to continuation of an
Administrative Hearing), or for any other reason, the subpoena
shall continue in effect for up to one year, and a new subpoena
need not be issued. Noncompliance with subpoenas is also
subject to Section 430.120 of these rules.
(B) Party-Initiated
After the Commencement of Administrative Hearing, a party may
request leave from the Hearing Officer to have the Commission
issue a subpoena for the appearance of witnesses, the
production of evidence, or both, in connection with an
Administrative Hearing. Such a request must be made in writing
and must state the reasons for which the information sought is
relevant to the Complaint and could not be obtained through
discovery pursuant to Section 460.145. The request must be
served on the Hearing Officer and all other parties and filed
with the Commission no fewer than 28 days before the date for
examination or production. Any other party shall have 7 days to
serve any response on the Hearing Officer and the requesting
party, and to file it with the Commission. The Hearing Officer
shall rule on the request no fewer than 14 days before the date
for examination or production.
If the request is granted, the Commission shall issue the
subpoena. The requesting party is responsible for service of
the subpoena, for the cost of service, and for all witness and
mileage fees. The Commission will not seek enforcement of the
subpoena unless it is served in accordance with Section 430.105
herein. If a person does not comply with a subpoena on the date
set for compliance, whether because of refusal, neglect, or a
change in the compliance date (such as due to a continuation of
an Administrative Hearing), the subpoena shall continue in
effect for up to one year or until full compliance is made or
waived, and a new subpoena need not be issued. Noncompliance
with subpoenas is also subject to Section 430.120 of these
rules.
Section 430.105 Manner of Service of Subpoenas
(A) Mail
Service of a subpoena by mail may be proved prima facie by:
(1) A return receipt showing delivery, by certified or
registered mail, at least 7 days before the date on which
appearance or production of documents is required, to:
(a) the person to whom the subpoena is directed,
(b) a member of his or her household who is over 14 years of
age, or
(c) his or her agent; and
(2) an affidavit showing that:
(a) the mailing was prepaid,
(b) it was sent for restricted delivery,
(c) it was addressed to the person to whom the subpoena is
directed,
(d) a return receipt was requested which shows who received it,
and the date received and address of delivery, and
(e) a check or money order for the witness fee and mileage was
enclosed.
(B) In Person
In the alternative, a subpoena may be served by a person who is
not a party and is not less than 18 years of age. Service of a
subpoena upon a person named therein shall be made by
personally delivering a copy of the subpoena to such person, a
member of his or her household who is over 14 years of age, or
his or her agent, and by tendering to that person the fee(s)
for attendance and the mileage allowed by these rules.
Section 430.110 Witness and Mileage Fees for Subpoenas
(A) Commission-Initiated
When the Commission issues a subpoena on its own initiative, it
shall pay witness fees of $20.00 (twenty dollars) per day and
mileage fees of $.20 (twenty cents) per mile to the person
subpoenaed.
(B) Party-Initiated
When a subpoena is issued upon the request of a party, that
party shall pay witness fees of $20.00 (twenty dollars) per day
and mileage fees of $.20 (twenty cents) per mile to the person
subpoenaed. A party may file a written motion with the Hearing
Officer requesting that the party be excused from paying these
charges. Such motion must be part of the initial subpoena
request and it shall be granted only upon submission of an
affidavit substantially similar to the affidavit attached
hereto as Exhibit B, setting forth objective evidence
demonstrating that the requesting party is unable to pay the
charges. If such a motion is granted, the Commission shall pay
the charges.
Section 430.115 Objections to Issued Subpoenas
The person to whom the subpoena is directed may object to the
subpoena, in whole or in part. The objection may be made to the
Commission, or to the Hearing Officer (if one has been
assigned), no later than 5 days prior to the time for
appearance or production required by the subpoena. The
objection shall be in writing, filed with the Commission,
served on all parties, and on the Hearing Officer (if any
assigned), and shall specify the grounds for objection. The
party opposing the objection may file a written response to the
objection specifying the need for certain witnesses or
documentation. The Commission, or if assigned, the Hearing
Officer, shall consider the objection and render a decision on
the objection.
Section 430.120 Failure to Comply with Subpoena
Failure to comply with a subpoena issued by the Commission
shall constitute a separate violation of the Ordinance. Every
day that a person fails to comply with said subpoena shall
constitute a separate and distinct violation. Whenever a party
believes that there has been a failure to comply with a
subpoena requested by that party, the party must file a motion
with the Commission and serve it on the Hearing Officer seeking
a determination that there has not been compliance with the
subpoena. The motion must be served on the other parties as
well as on the person who allegedly failed to comply with the
subpoena.
The other parties and the person to whom the subpoena was
directed shall have 7 days to file a response, if any, to such
a motion. The response must be served on all parties and filed
with the Commission.
Additionally, if the time for appearance or production required
by the subpoena is within 5 days of the date of the
Administrative Hearing or is the date of the Administrative
Hearing, a party who believes that there has been a failure to
comply may make an oral motion at the Administrative Hearing
seeking a determination that there has not been compliance with
the subpoena. All other parties and the person to whom the
subpoena was directed shall have an opportunity to respond
orally at the Administrative Hearing.
If the Hearing Officer finds that there has been a failure to
comply with a subpoena, he or she shall issue an order advising
the Commission to seek judicial enforcement of the subpoena.
SUBPART 440 COMPLAINT INVESTIGATION
Section 440.100 Investigation
After a Complaint has been filed, the Commission shall commence
an investigation to ascertain the facts relating to the alleged
violation of the Ordinance. The investigation shall be
completed and an Evidence Determination made within 180 days
from the date the Complaint or any amendment thereto was filed
with the Commission, unless impracticable.
Section 440.105 Investigation Deferral
The Commission on its own initiative may defer investigation of
a timely filed Complaint when the same Complaint, or a
substantially similar Complaint, has been filed by the
Complainant with another similar administrative agency. In
addition, the Respondent may file a motion, in accordance with
Section 420.170 herein, requesting that the Commission defer
investigation into a timely filed Complaint pending resolution
of the same Complaint, or a substantially similar Complaint,
which has been filed by the Complainant with another similar
administrative agency. The following is a non-exhaustive list
of factors which the Commission may consider in determining
whether to exercise its discretion to defer an investigation:
(A) Conservation of administrative resources;
(B) Complainant's right to a timely investigation;
(C) Minimization of Respondent's burden;
(D) Procedural or investigative status of charges/complaints
filed with the administrative agency as evidenced by one or
more of the following: completion of document exchange, witness
interviews, response to questionnaires, and the holding of
fact-finding conferences; and
(E) Administrative agency backlog.
Section 440.110 Fact-Finding or Evidentiary Conference
The Commission may order the parties to attend either a
Fact-Finding Conference or an Evidentiary Conference. These
conferences may be ordered in an attempt to clarify disputed
issues of fact or to obtain relevant evidence. The Commission
may order the parties to provide written submissions, including
affidavits, which would further clarify any disputed issues of
fact or to provide additional evidence which would assist the
Commission in making an Evidence Determination. A party may be
represented at a conference by one or more persons who may or
may not be attorneys. Once a conference has been ordered, if a
party fails to attend, and such failure is not excused, the
party shall be subject to the same penalties as those set forth
in Section 440.145(B)(5).
Section 440.115 Investigation Report
After investigation of a Complaint which has not been either
settled, dismissed, or withdrawn, a written report of the
investigation shall be prepared by the assigned investigator
and submitted to the Commission's Executive Review Committee
for review.
Section 440.120 Evidence Review
(A) The Executive Review Committee shall review the evidence
compiled in the course of an investigation and either make an
Evidence Determination or recommend additional action (i.e.,
further investigation required).
(B) In the event that a Complaint, or any portion thereof, is
determined to lack substantial evidence, or jurisdiction is
determined to be lacking, the Commission shall enter an order
dismissing the Complaint or the relevant portion thereof, and
serve it upon the parties within 10 days of the determination.
The order shall state the grounds for dismissal, and shall
advise that either party, in accordance with Section 480.100
(B) may file with the Commission within 30 days of receipt of
the Commission's order a Request for Reconsideration of the
Commission's decision dismissing the Complaint or the pertinent
portion thereof.
(C) In the event that more than a mere scintilla of evidence of
an alleged violation of the Ordinance is found, the Commission
shall enter an order finding substantial evidence and serve it
upon the parties within 10 days of the substantial evidence
determination. A Request for Reconsideration of the Commission
decision may be made only pursuant to the procedures described
in Section 480.100(B).
Section 440.125 Dismissal or Default Due to Failure to
Cooperate
Complainants and Respondents have the responsibility to
promptly provide the Commission with notice of any change in
address or any prolonged absence from their current address so
that they can be located when necessary at any time while a
Complaint is pending before the Commission. In addition,
Complainants and Respondents are responsible for providing the
Commission with necessary information and being available for
interviews and conferences upon reasonable notice or request by
the Commission. If a Complainant or a Respondent cannot be
located or does not adequately respond to reasonable requests
by the Commission, the Commission may dismiss the Complaint or
default the Respondent as the case may be. The Commission shall
enter and serve upon the parties the order of dismissal or
default. The order shall be addressed to the Complainant and
Respondent at their last known addresses. A Complainant or
Respondent may file with the Commission, in accordance with
Section 480.100(A) herein, a Request for Reconsideration of the
Commission's dismissal or default order.
Section 440.130 Access to Files
Investigation files maintained by the Commission pertaining to
an individually filed or Commission-initiated Complaint shall
be confidential and not subject to disclosure to the general
public, unless otherwise required by law.
Section 440.135 Access to Files by Parties
(A) A party or the party's attorney or representative of record
may review documents in the Commission investigation file at
any time after the Commission has served notice of an Evidence
Determination. A party must provide the Commission with at
least 48 hours notice of the party's intent to inspect the
file.
(B) Notwithstanding Subsection (A) above, the Commission shall
not allow parties to inspect internal memoranda, work papers,
notes, or other materials generated by Commission staff or
agents in the course of an investigation, which reflect the
deliberative process, mental impressions, or legal theories or
recommendations of the staff or agents of the Commission. In
addition, parties shall not be allowed to inspect materials or
documents otherwise protected from disclosure by applicable
state or federal law.
(1) If the Commission deems it necessary, or if a party files a
written motion setting forth good cause, the Commission may
require a party seeking access to the files to enter into a
protective order limiting the use of information from the files
to an Administrative Hearing only, and prohibiting any other
disclosure of information from the files.
(2) The Commission may acknowledge publicly the existence of a
Complaint, including the case number, the identities of the
parties, the type of case, and the stage of proceedings at
which it is pending, unless the Commission deems it necessary
to withhold this information for good cause. A party may
request, in writing, that the Commission not include the
party's name in any public acknowledgment. The party must state
the reasons for any such request.
Section 440.140 Access to Files by Governmental Agencies
Nothing in these rules shall preclude the Commission from
sharing materials in its files with other agencies of federal,
state, or local government having concurrent jurisdiction,
pursuant to such agreements as the County Board may approve
with such agencies. All such agreements, which shall themselves
be available for public inspection, shall be subject to
confidentiality requirements to the extent provided by law. A
federal agency with which the Commission has such an agreement
may, however, to the extent required by the federal Freedom of
Information Act (5 U.S.C. Section 552) allow inspection and
copying of materials obtained from the Commission.
Section 440.145 Settlement and Conciliation
(A) Informal Settlement Agreement
Once a Complaint has been filed and at any time prior to an
Evidence Determination, any party may request Commission Staff
assistance in engaging in informal settlement discussions. The
Commission Staff will assist the parties in reaching a
settlement agreement. The Commission Staff may schedule a
meeting to facilitate settlement discussions, may work as an
intermediary between the parties, and may draft proposed
settlement terms.
(B) Conciliation Conference
(1) Once a Complaint has been filed with the Commission, and at
any time prior to an Administrative Hearing, any party to the
Complaint may request the Commission to order a Conciliation
Conference. The Commission in its discretion may grant or deny
the request. The Commission may also sua sponte order that a
Conciliation Conference be held.
(2) If a Conciliation Conference is ordered by the Commission,
the conference shall be facilitated by a Conciliator who is
duly licensed to practice law in Illinois and who may or may
not be a member of the Commission Staff. The Conciliator shall
confer with the parties in an attempt to secure a resolution of
the Complaint. Each party may be represented by one or more
individuals who may or may not be attorneys. However, parties
are required to attend the Conciliation Conference.
(3) All necessary parties or representatives with the authority
to conduct and conclude conciliation/settlement discussions are
required to be present or available at a Conciliation
Conference, unless it is impractical or impossible for persons
with final authority to be available (i.e., final approval is
subject to action by a legislative body or a board of
directors). A party or representative with less than full
authority to conduct and conclude conciliation/settlement
discussions is required to disclose to the Conciliator in
advance of a Conciliation Conference the existence of the
party's or representative's limited authority.
(4) The failure of a party or representative to come to a
Conciliation Conference with authority to conduct and conclude
conciliation/settlement discussions, or to knowingly
misrepresent the extent of one's settlement authority, or
failure to have available a necessary participant, may result
in the Commission's assessing fees and/or costs against such
party.
(5) If the Complainant fails to attend the Conciliation
Conference, and if the Complainant's absence is not excused for
good cause shown, the Commission may dismiss the Complaint
and/or the Complainant may be ordered to pay to the Commission
the cost of the Conciliator's fees for the time incurred as a
result of the Complainant's unexcused absence. If the
Respondent fails to attend the Conciliation Conference, and
this failure to attend is not excused for good cause, a default
judgment may be entered against the Respondent. Additionally,
if an order is entered against the Respondent at an
Administrative Hearing, the Hearing Officer shall consider the
Respondent's unexcused absence from the Conciliation Conference
in determining the amount of reasonable attorneys fees to be
awarded to the Complainant (including attorneys fees and costs
incurred as a result of Respondent's failure to attend).
Furthermore, the Respondent may be ordered to pay to the
Commission the cost of the Conciliator's fees for the time
incurred as a result of the unexcused absence.
(6) If the Complaint cannot be resolved at the Conciliation
Conference, the Conciliator shall within 7 days prepare a brief
written report so stating. The report shall be placed in the
Commission file on the Complaint. The report shall note any
unexcused absences by any party. If the Conciliation Conference
is held subsequent to a substantial evidence determination, and
if the Complaint cannot be resolved, the Commission shall then
promptly send an order to all parties advising them that a
Hearing Officer will be appointed and an Administrative Hearing
will be held.
(C) Private Settlement Agreements
Nothing in these rules shall prevent the parties to a Complaint
filed with the Commission from entering into a private
settlement agreement which disposes of the allegations
contained in the Complaint. A private settlement agreement does
not require the approval of the Commission, and absent such
approval, may not be enforced by the Commission.
Section 440.150 Nondisclosure
Unless otherwise required by law or court order, neither the
Conciliator, members of the Commission Staff, the Executive
Director, nor any Commissioner shall disclose publicly what
occurs during the course of a Conciliation Conference or during
the course of informal settlement discussions. With the
exception of the Conciliator's report, no stenographic or other
formal record shall be made of settlement efforts at a
Conciliation Conference.
Additionally, neither party may use the fact that an offer was
made, accepted, or rejected either at a Conciliation Conference
or during the course of informal settlement discussions as
evidence at an Administrative Hearing. All oral statements made
and any notes taken during the course of conciliation or
settlement are privileged information, and made without
prejudice to any party's legal position, and are
non-discoverable and inadmissible for any purpose in this or
any other legal proceeding. Disclosure of any records, reports,
or other documents received or prepared by the Conciliator
during the course of a Conciliation Conference cannot be
compelled. The Conciliator shall not be compelled to disclose
or to testify in this or in any proceeding as to the
information disclosed, or as to representations made in the
course of a Conciliation Conference or communicated to the
Conciliator in confidence.
Section 440.155 Terms of Conciliation or Settlement
(A) Except as provided by Section 440.145(C), if the parties
agree to conciliate or settle a Complaint, the conciliation or
settlement agreement ("agreement") shall be reduced to writing,
signed by the parties, and submitted to the Commission for
approval. If the proposed agreement is knowingly and
voluntarily entered into, unambiguously drawn, and consistent
with the Ordinance, the Commission shall promptly approve the
agreement and shall enter an order dismissing the Complaint.
The Commission may require as a condition of approval that any
party to the agreement submit such reports as the Commission
deems necessary to monitor compliance. If the Commission does
not approve the agreement, it shall recommend further
appropriate action.
(B) The Commission shall retain jurisdiction over the case to
enforce the agreement, and each party to the agreement shall
acknowledge in the conciliation or settlement agreement that
the Commission has jurisdiction to enforce the agreement.
Section 440.160 Noncompliance with Conciliation or Settlement
Terms
Whenever a party believes that there has been a violation of a
conciliation or settlement agreement approved by the
Commission, it must inform the Commission in writing of the
alleged violation. The Commission shall conduct an
investigation into the alleged violation. If the Commission
determines that there is substantial evidence that a party has
violated the terms of the agreement, the Commission shall
promptly notify the parties in writing, and it shall seek
judicial enforcement of the Commission's order pertaining to
settlement. If the Commission concludes that substantial
evidence of a violation is lacking, it shall so notify the
parties in writing.
SUBPART 450 INDIVIDUAL RIGHT OF ACTION
Subsequent to a timely filing of a Complaint with the
Commission, where such Complaint alleges a violation(s) under
Article III, IV, V, VI, VII, or VIII of the Ordinance, and
prior to an Evidence Determination, a Complainant may request
of the Commission to have the claims asserted in that Complaint
decided in a civil action in a court of general jurisdiction.
The Commission in its discretion may approve the request and
shall issue a written authorization to the Complainant to
proceed before such a court. Upon receipt of the written
authorization, the Complainant shall give notice of his or her
decision to proceed to court, to the Commission and to all
other Complainants and Respondents to whom the Complaint
relates. A Complainant has 90 days from the date the written
authorization is received within which to bring suit.
The Commission, in exercising its discretion in determining
whether to grant or deny a Complainant's request to proceed to
court under Article X(D)(2) of the Ordinance, is not limited
to, but may evaluate and consider, the following in making its
determination:
(A) Whether the nature of the allegations contained in the
Complaint and the present posture of an ongoing investigation
establish the likelihood that the investigation will exceed the
180-day directory time period for completion of an
investigation;
(B) Whether the investigation into the allegations contained in
the Complaint is almost complete;
(C) Whether the nature of the allegations contained in the
Complaint indicates that the Complaint should be dismissed
because of jurisdictional deficiencies;
(D) Whether the purposes and goals of the Ordinance (i.e.,
conciliation/settlement, cease-and-desist) will be effectuated
by continuing before the Commission;
(E) Whether the allegations contained in the Complaint present
a case of first impression for the Commission;
(F) Whether the Complaint filed relates to a systemic
investigation by the Commission; and
(G) The expertise of the Commission.
SUBPART 460 ADMINISTRATIVE HEARING PROCEDURES
Section 460.100 Commencement of Administrative Hearing
In the event that substantial evidence of a violation(s) of the
Ordinance has been found, a Conciliation Conference has been
held, and the Complaint remains unresolved, the Commission
shall assign the Complaint to a Hearing Officer and send all
parties notice stating the time and place of the Administrative
Hearing and of the Pre-Hearing Meeting. The Administrative
Hearing and the Pre-Hearing Meeting shall be conducted by a
Hearing Officer designated by the Commission.
Section 460.105 Powers and Duties of the Hearing Officer
The Hearing Officer shall have full authority to control the
procedures of the Administrative Hearing, to question any party
regarding the Complaint at issue, to rule upon all motions and
objections, and to admit or exclude testimony or other
evidence. The Hearing Officer shall not be bound by the strict
rules of evidence applicable in courts of law or equity.
Section 460.110 Motions to Disqualify
If a party wishes to make a motion to disqualify the Hearing
Officer from hearing a case, the party must make such a motion
in writing as soon as the party learns of the alleged reason
for such disqualification. The motion shall set forth in detail
the reason that the movant believes that the Hearing Officer's
impartiality might reasonably be questioned, including, but not
limited to, those circumstances set forth in Illinois Supreme
Court Rule 63 (C). The motion must be served on all parties and
the Hearing Officer and filed with the Commission. All other
parties shall have 14 days from receipt of the motion to
respond to it. The Hearing Officer shall rule by mail.
Section 460.115 Interlocutory Review of Disqualification
Decisions
Any party wishing to object to a decision upon a motion for
disqualification must file a Request for Reconsideration of the
decision with the Commission and serve it on the Hearing
Officer and all other parties within 10 days of receipt of the
disqualification decision. The Request for Reconsideration must
state with specificity the reasons supporting a reversal of the
disqualification decision. Each other party must file with the
Commission and serve on the Hearing Officer and all other
parties the party's response to the Request for
Reconsideration, if any, within 7 days from receipt of the
Request for Reconsideration. The Commission shall rule by mail
within 30 days.
Section 460.120 Rights of Parties at Administrative Hearing
Each party may be represented at an Administrative Hearing by
one or more person(s) who may or may not be attorneys and may
call, examine, and cross-examine witnesses. All parties may
offer documents or other evidence for inclusion in the record
of proceedings. The admissibility of all matters presented
shall be subject to the ruling of the Hearing Officer.
Section 460.125 Briefing
If a party believes that a written submission may help to
clarify or resolve any question of law or fact, that party may,
by written motion, pursuant to Section 460.165, seek permission
from the Hearing Officer to submit a short brief on the issue.
If permission is granted, the parties must each serve their
briefs upon the other parties and the Hearing Officer, and must
each file a copy with the Commission. The briefs may not exceed
any page limit that the Hearing Officer sets, and are due by
the dates set by the Hearing Officer.
If the Hearing Officer determines that a written submission may
help to clarify any question of law or fact, the Hearing
Officer may require that parties submit, by a specified date,
simultaneous briefs not to exceed any page limit set by the
Hearing Officer.
Section 460.130 Failure to Appear
If a party or its representative fails to appear at an
Administrative Hearing, the Hearing Officer may enter an order
recommending a decision of dismissal or default, or may
recommend some other remedy that the Hearing Officer deems
appropriate and just under the circumstances.
Section 460.135 Pre-Hearing Meeting
(A) Upon the Commencement of Administrative Hearing, a
Pre-Hearing Meeting will be scheduled and conducted by the
Hearing Officer. Unless waived by the Hearing Officer, the
parties will be required to complete a Pre-Hearing Memorandum
in accordance with Section 460.140 herein. The Commission shall
send notice to all parties stating the time and place for the
scheduled Pre-Hearing Meeting and the requirements for the
Pre-Hearing Memorandum. Each party may be represented by one or
more persons who may or may not be attorneys.
(B) The attendance of the parties or their representatives of
record is mandatory at the Pre-Hearing Meeting. If the
Complainant or his/her representative of record fails to attend
a Pre-Hearing Meeting, the Complaint may be dismissed and/or
the Complainant may be ordered to pay to the Commission the
cost of the Hearing Officer's fees for the time incurred as a
result of the unexcused absence, unless the absence is excused
by the Commission for good cause. If the Respondent or the
Respondent's representative fails to attend the Pre-Hearing
Meeting, without good cause, and an order is entered against
the Respondent at an Administrative Hearing, the Hearing
Officer shall consider the unexcused absence in determining in
what amount to award the Complainant reasonable attorneys fees.
Additionally, the Respondent may be ordered to pay to the
Commission the cost of the Hearing Officer's fees for the time
incurred as a result of the unexcused absence. In addition, a
default judgment may be entered against the Respondent unless
the absence is excused by the Commission for good cause.
Section 460.140 Pre-Hearing Memorandum
(A) Unless the requirement of a Pre-Hearing Memorandum is
waived by the Hearing Officer, the parties shall confer in
person, if possible, to exchange information, documents, and
other materials which are expected to be relied upon at the
Administrative Hearing and are necessary for preparation of the
Pre-Hearing Memorandum. Counsel for the Complainant, if any, or
the Complainant, if proceeding pro se, has primary
responsibility to prepare the initial draft of the Pre-Hearing
Memorandum and shall submit it to opposing counsel, if any, or
to the Respondent, if proceeding pro se, as early as possible
for review, but not fewer than 10 days prior to the date set
for filing with the Commission. Not fewer than 5 days prior to
the date set for filing, counsel for the Respondent or the
Respondent shall either accept the Complainant's draft or
submit to the Complainant's counsel or to the Complainant a
revised draft, which shall indicate any additions or deletions
in an obvious manner, such as by redline and strikeout,
editor's or proofreader's marks, etc. Full cooperation and
assistance of all counsel or parties, if unrepresented, is
required. The Pre-Hearing Memorandum shall be served on the
Hearing Officer and filed with the Commission no later than 7
days before the Pre-Hearing Meeting. The Pre-Hearing Memorandum
shall be signed by each party or counsel for each party. Unless
otherwise ordered by the Hearing Officer, the Pre-Hearing
Memorandum shall include the following:
(1) Stipulation of facts not in dispute. A party is under a
duty to stipulate to any fact that is true. A party may object
to the materiality or relevance of any stipulated fact.
(2) Complainant's theory of the case (in a short statement of 3
or fewer paragraphs).
(3) List of witnesses (with full names and complete addresses),
including expert witnesses, whom the Complainant intends to
call at the Administrative Hearing, and a brief description of
their expected testimony.
(4) Copies of all documents the Complainant intends to
introduce at the Administrative Hearing, or, in the
alternative, a brief description of the substance of each
document(s), including the author(s) of the document(s), date
of authorship, and the intended uses and/or recipients of the
document(s).
(5) The Complainant's itemization of damages, with specificity.
(6) The Respondent's defense or theory of the case (in a short
statement of 3 or fewer paragraphs).
(7) List of witnesses (with full names and complete addresses),
including expert witnesses, whom the Respondent intends to call
at the Administrative Hearing, and a brief description of their
expected testimony.
(8) Copies of all documents the Respondent intends to introduce
at the Administrative Hearing, or, in the alternative, a brief
description of the substance of each document(s), including the
authors of the document(s), date of authorship, and the
intended uses and/or recipient(s) of the document(s).
(9) Any alternative damage theories asserted by the Respondent,
with specificity.
(B) In cases where the Hearing Officer waives preparation of a
Pre-Hearing Memorandum, as set forth in Section 460.135 herein,
each party shall serve on the other party a written list of all
witnesses the party intends to call at the Administrative
Hearing at least 7 days prior to the scheduled date of a
Pre-Hearing Meeting, including a description of the substance
about which each witness will testify. A copy shall be served
upon the Hearing Officer and filed with the Commission. In
addition, each party shall serve on each party copies of all
documents that it intends to introduce at the Administrative
Hearing, unless otherwise agreed, or it is impracticable, as
determined by the Hearing Officer, at least 7 days before the
scheduled date of a Pre-Hearing Meeting. If it is
impracticable, the parties shall serve a summary of the
documents, including a statement of the author, date of
authorship, intended recipient, and substance of each document.
Copies of the documents and/or the summaries shall also be
served upon the Hearing Officer and filed with the Commission.
Section 460.145 Discovery
(A) Except as provided in Subsection (B) herein, discovery
shall be limited to interrogatories (not to exceed in the
aggregate 21, including subsections), requests for admissions,
and requests for documents reasonably related to a party's
claim or defense.
(B) No other discovery requests shall be made except upon
agreement by all parties, or upon the Hearing Officer's
granting a motion, based on good cause shown. The moving party
must show the following:
(1) Discovery will not in any way unreasonably delay the
proceeding;
(2) The information to be obtained is not otherwise obtainable;
and
(3) Such information has significant probative value.
(C) Any discovery request must be served at least 42 days
before the scheduled date of a Pre-Hearing Meeting and must be
returnable no fewer than 21 days before the date of the
Pre-Hearing Meeting, unless otherwise ordered by the Hearing
Officer. A copy of any such request shall also be served upon
the Hearing Officer and filed with the Commission. All
responses to such requests shall be served upon the other
parties, but need not be served upon the Hearing Officer or the
Commission. However, the party responding to such request shall
serve on the Hearing Officer a copy of the certificate of
service which verifies service of the discovery response and
shall file a copy of the certificate of service with the
Commission.
(D) All objections to a discovery request must be made in
writing and must be served on all other parties and the Hearing
Officer no later than 10 days after receipt of the request. In
no event shall an objection be served after the discovery
return date. Copies of all objections shall also be filed with
the Commission.
(E) If any party fails to comply with a reasonable discovery
request, the requesting party may move the Hearing Officer to
issue an order compelling compliance, or imposing any other
sanction the Hearing Officer deems appropriate. Any such motion
shall be filed with the Commission, and served on all parties
and the Hearing Officer no more than 3 days after the failure
to comply.
(F) At any time, the Hearing Officer may, either sua sponte or
upon the motion of any party or witness, issue protective
orders which may deny, limit, condition, or regulate discovery
to prevent unreasonable annoyance, expense, embarrassment,
disadvantage, or oppression.
Section 460.150 Privileges
All matters that are privileged against disclosure in civil
cases in the courts of the State of Illinois shall be
privileged against disclosure through any discovery procedure
hereunder.
Section 460.155 Stipulations
Parties may stipulate to the truth of any facts involved in the
Administrative Hearing. Unless a party notes an objection to
materiality or relevance in the stipulation, the facts
stipulated shall be considered as evidence at the
Administrative Hearing, and shall become part of the hearing
record. In cases where the Hearing Officer waives preparation
of a Pre-Hearing Memorandum, as set forth in Section 460.135,
the parties shall offer any proposed stipulations at the
Pre-Hearing Meeting.
Section 460.160 Motions for Summary Judgment
The Commission shall not accept motions for summary judgment.
Section 460.165 Motions and Objections
Motions and objections made during an Administrative Hearing,
including objections to the introduction of evidence, may be
stated orally and shall be included in the recorded report of
the Administrative Hearing.
All other motions made after the Commencement of Administrative
Hearing shall be in writing, shall be served upon all parties
and the Hearing Officer at least 3 days before the scheduled
date of the Pre-Hearing Meeting, and shall be filed with the
Commission.
Section 460.170 Waiver of Objections
Any objection not duly presented at an Administrative Hearing
shall be deemed waived unless the failure or neglect to make
such objection is excused for good cause by the Hearing
Officer.
Section 460.175 Commission Employees as Witnesses
No Commission employee shall testify on behalf of a party at an
Administrative Hearing with respect to the contents of any
files, documents, reports, memoranda, or records of the
Commission or the results of any investigation conducted by the
Commission, except upon order of the Commission. Any party may
apply by motion for such an order, and such motion shall
identify the Commission employee whose testimony is desired,
the nature of such person's testimony, and the specific purpose
to be served thereby. The motion shall be granted only upon a
showing that the information to be elicited from such testimony
is admissible and cannot be obtained through any other means.
A motion seeking an order to compel a Commission employee to
testify shall be served by the moving party on the Hearing
Officer and filed with the Commission in accordance with
Section 460.165 herein.
Additionally, the Hearing Officer may, sua sponte, order a
Commission employee to testify regarding relevant information
which is admissible and cannot be obtained through any other
means. If any party objects on the ground that such testimony
would be unduly prejudicial, the Hearing Officer may grant a
continuance to enable the objecting party to meet such
evidence.
Section 460.180 Presentation of Case
The Complainant shall be allowed to present an opening
statement, after which the Respondent shall be allowed the
same. Next, the Complainant shall present his or her case, and
then the Respondent shall present the Respondent's. The Hearing
Officer may, upon request, allow the Complainant to present a
rebuttal case. The Complainant shall be allowed to present a
closing statement, after which the Respondent shall be allowed
the same. The Complainant shall be allowed to present a
rebuttal closing statement upon leave of the Hearing Officer.
Section 460.185 Exclusion of Evidence of Discussions During
Conciliation Conference or Settlement Discussions
No testimony or evidence shall be given or received at any
Administrative Hearing relating to discussions at a
Conciliation Conference or to any other settlement discussions.
Section 460.190 Ex Parte Communications
Neither a party nor its representative shall communicate,
directly or indirectly, with the Hearing Officer or any
Commissioner regarding any issue or matter which is the subject
of an Administrative Hearing, except upon notice and
opportunity for all parties to participate.
Section 460.195 Continuation of Hearing
At the discretion of the Hearing Officer, an Administrative
Hearing may be continued or adjourned to a later date or to a
different place by announcement thereof at the Administrative
Hearing or by other appropriate notice.
Section 460.200 Expedition of Proceedings
The Hearing Officer, sua sponte or upon motion of any party to
a Complaint, for good cause shown, may expedite the
Administrative Hearing process or shorten any time period set
forth in these rules, with the exception of shortening the
180-day Complaint filing period set by the Ordinance. Any
non-moving party may file with the Hearing Officer and serve on
the moving party and file with the Commission a response
setting forth the party's objection to the expedition of any
time period.
Section 460.205 Hearing Record
(A) Official Record
The official record of every Administrative Hearing shall
consist of the Complaint, any amended Complaint(s), the notice
of hearing, and all subsequent pleadings, notices, motions,
briefs, and memoranda, and objections and rulings/orders
thereon, and transcripts as set forth in Section 460.205(B)
below, including all exhibits thereto. The official record
shall also include the Hearing Officer's initial and final
proposed decisions concerning liability and damages and the
Hearing Officer's initial and proposed decisions concerning
attorney fees and costs, if any, as well as the parties'
objections to such initial proposed decisions, the responses
and replies thereto, and the Commission's final orders
concerning both liability and attorney fees and costs, if any.
Except for those items listed in the preceding paragraph, none
of the materials in the Commission's investigation files shall
be a part of the official record.
The official record (except such evidence as is placed under
seal by the Commission) shall be available for public
inspection upon making appropriate arrangements with the
Commission subsequent to the entry of a final decision and
order. In order to avoid unreasonable annoyance, embarrassment
or oppression, the Commission may, sua sponte or upon motion of
a party or witness, seal all or part of the official record to
prevent disclosure of:
(1) Information specifically protected from disclosure by
federal,
state, or county law or rules and regulations adopted pursuant
thereto; or
(2) Information which, if disclosed, would constitute a clearly
unwarranted invasion of personal privacy, unless such
disclosure is consented to in writing by the individual
subjects of such information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy. Information exempted under this subparagraph shall
include but is not limited to:
(a) files and personal information maintained with respect to
clients, patients, residents, students, or other individuals
receiving social, medical, educational, vocational, financial,
supervisory, or custodial care or services directly or
indirectly from federal agencies or other public bodies;
(b) personnel files and personal information maintained with
respect to employees, appointees, or elected officials of any
public body or applicants for such positions;
(c) files and personal information maintained with respect to
any applicant, registrant, or licensee by any public body
cooperating with or engaged in professional or occupational
registration, licensure, or discipline;
(d) information required of any taxpayer in connection with the
assessment or collection of any tax unless disclosure is
otherwise required by statute;
(e) information revealing the identity of any person who files
Complaints with or provides information to administrative,
investigative, law enforcement, or penal agencies; and
(f) any other information as set forth in 5 ILCS 116/207.
(B) Transcript
All testimony at an Administrative Hearing shall be under oath
and shall be recorded or transcribed by a court reporter who
shall be provided by the Commission. The Commission shall order
the original transcript. Copies shall be available from the
court reporter at the requesting party's expense. If any party
seeks preparation of a transcript on an expedited basis, such
party must make arrangements directly with the court reporter
and is responsible for the full cost of the transcript.
Additionally, the original transcript shall be made available
for examination by the public, as part of the official record,
in the Commission's office upon reasonable notice.
SUBPART 470 DECISION AFTER HEARING
Section 470.100 Hearing Officer's Decisions
(A) Within 60 days after the conclusion of an Administrative
Hearing or within 60 days after submission of the last of any
post-hearing briefs ordered by the Hearing Officer, the Hearing
Officer shall submit to the parties and file with the
Commission his/her initial proposed decision and order
including: (i) a summary of the respective contentions of the
parties; (ii) findings of fact based upon and limited to the
testimony and other evidence of record; (iii) a determination
as to whether or not a preponderance of the evidence sustains
the Complaint, or each claim thereof; (iv) conclusions of law,
including an analysis of each legal claim and reasoning to
support the Hearing Officer's determinations; and (v) an
initial proposed order, including any appropriate relief and a
recommendation as to whether to award reasonable attorney fees
and costs.
(B) The parties shall each have 21 days from the date of
service of the Hearing Officer's initial proposed decision and
order to serve simultaneously on all other parties and the
Hearing Officer, and to file with the Commission, all
exceptions to the initial proposed decision and order and to
file any Request for Reconsideration of any interlocutory
orders (i.e., substantial evidence determinations, motions to
dismiss). The exceptions should include relevant legal analysis
for any objections to legal conclusions, grounds for reversal
or modification of any finding of fact including specific
references to the record and transcript, and/or grounds for
modification or reversal of relief ordered, if any. The parties
shall each have 14 days from the date of service of the
objections to serve simultaneously on all other parties and the
Hearing Officer, and to file with the Commission, any response
to any other party's exceptions, if any; such a response must
include relevant legal analysis for any response to objections
to legal conclusions. Replies shall be permitted only upon
leave of the Hearing Officer upon good cause shown.
(C) Within 21 days of receipt of the last response or reply,
the Hearing Officer shall rule upon all exceptions and shall
submit to the Commission: i) his/her final proposed decision
and order, including the reasons for acceptance or rejection of
the exceptions; ii) his /her initial proposed decision and
order; and iii) all of the parties' exceptions, responses, and
replies.
Section 470.105 Commissioners' Decisions
(A) The Commissioners, or a panel of three Commissioners, as so
designated by the Chairperson, shall review the entire record,
including the Hearing Officer's final proposed decision and
order. The panel of Commissioners will recommend to the full
body of Commissioners a final Commission decision and order.
(B) The Commissioners shall adopt, reject, or modify the
Hearing Officer's final proposed decision and order, in whole
or in part, or may remand for additional hearings on some or
all of the issues presented. The Hearing Officer's findings of
fact shall be adopted unless the Commissioners determine that
they are against the manifest weight of evidence. The
Commissioners shall adopt the Hearing Officer's final proposed
decision and order if it is not contrary to the evidence
presented at the Administrative Hearing.
(C) If the Commissioners find that a Respondent has not
violated the Ordinance, the Commissioners shall promptly issue
a written decision and order dismissing the Complaint as to
such Respondent, and setting forth findings of fact and
conclusions of law. If the Commissioners find that a Respondent
has engaged in a violation of the Ordinance, the Commissioners
shall promptly issue a written decision and order stating the
Commission's findings of fact, conclusions of law, and order
for relief.
(D) The decision of the Commission shall be in writing and
shall be issued within 60 days of the submission of the Hearing
Officer's final proposed decision and order. The written
decision and order shall be sent to all parties by mail. Any
party may request a rehearing of the matter by the Commission
by filing a Request for Reconsideration in accordance with
Section 480.100(C) herein within 30 days of receipt of the
Commission's decision and order.
(E) All final decisions and orders of the Commission shall have
precedential effect.
Section 470.110 Statement of Attorney Fees and Costs
(A) No later than 21 days after receipt of the Commission's
decision and order upon an Administrative Hearing awarding
attorney fees or costs, a Complainant who is awarded attorney
fees or costs may serve upon the Hearing Officer a statement of
fees and/or costs, supported by argument and affidavits. Such
supporting documentation shall include the following:
(1) The number of hours for which compensation is sought,
itemized according to the work that was performed and the
individual who performed the work;
(2) The hourly rate customarily charged by each individual for
whom compensation is sought, or, in the case of a public law
office which does not charge fees or which charges fees at less
than market rates, documentation of the rates prevalent in the
practice of law for attorneys in the same locale with
comparable experience and expertise; and
(3) Documentation of costs for which the party seeks
reimbursement.
(B) Copies of such statements and supporting documents shall
also be served by the Complainant on all other parties and
shall be filed with the Commission, and proof of service shall
be provided. Neither fees nor costs will be awarded in the
absence of a proper statement thereof.
(C) If a statement of fees and/or costs is timely filed by the
Complainant as provided above, all other parties shall have the
opportunity to file written responses thereto. Such responses
shall be served upon the Hearing Officer and filed with the
Commission within 14 days after the service of such statement,
and copies thereof shall be served at the same time on all
other parties.
(D) The Complainant may submit a reply brief by serving it on
the Hearing Officer and the other parties and filing it with
the Commission no more than 5 days after receipt of the
response.
(E) A party may request additional time to file a pleading
governed by this section pursuant to Section 490.180.
(F) Within 21 days of receipt of the parties' final submission,
the Hearing Officer shall submit to the parties his/her initial
proposed decision regarding the petition for attorney fees and
costs.
(1) The parties shall each have 21 days to serve simultaneously
on the other party and the Hearing Officer and to file with the
Commission all objections to the initial proposed decision
regarding the petition for attorney fees and costs, including
grounds for modification of any finding of fact and relevant
legal analysis for any objections to legal conclusions. The
parties shall then each have 14 days to serve on the other
party and the Hearing Officer and to file with the Commission
any response to another party's objections, if any; such a
response must include relevant legal analysis for any response
to objections to legal conclusions. Replies shall only be
permitted upon leave of the Hearing Officer upon good cause
shown.
(2) Within 21 days of receipt of the last response or reply,
the Hearing Officer shall submit to the Commissioners: (a)
his/her final proposed decision regarding the petition for
attorney fees and costs, including the reasoning for acceptance
or rejection of the objections of the parties; (b) his/her
initial proposed decision; and (c) all of the parties'
objections, responses, and replies.
(G) The decision of the Commission shall be in writing and
shall be issued within 60 days of submission of the Hearing
Officer's final proposed decision. The written decision and
order shall be sent to all parties by mail.
SUBPART 480 REVIEW OF DETERMINATIONS AND DECISIONS
Section 480.100 Request for Reconsideration
(A) Review Other than After an Administrative Hearing
After the Commission has issued an order dismissing a Complaint
other than after an Administrative Hearing, including a
dismissal because of a finding of lack of substantial evidence,
or after the Commission has issued a default order and
judgment, either party may obtain review of the order by filing
a Request for Reconsideration with the Commission and serving
copies on all other parties within 30 days from the date of the
Commission's order. The other parties shall each have 21 days
from the date of service of the Request for Reconsideration to
file a response to the Request for Reconsideration.
(B) Interlocutory Order
After the Commission or a Hearing Officer has issued an
interlocutory order (i.e., any order not covered by Subsection
(A) of this section or by Section 470.105), such as a ruling on
a motion challenging jurisdiction, any party may obtain review
of the interlocutory order only after the Commission has issued
an order dismissing the Complaint, or as part of its objections
to the Hearing Officer's initial proposed decision and order
following an Administrative Hearing. The requesting party must
file its objections, if any, to the interlocutory order, within
21 days from the date of the initial proposed decision and
order. Any other party must respond to the interlocutory order
objections, if at all, as part of its response to the
objections to the Hearing Officer's initial proposed decision
and order as set forth in Section 470.100(B).
Notwithstanding the foregoing, a party may file a Request for
Reconsideration of a decision ruling upon a motion to
disqualify, upon receipt of such a decision as provided in
Section 460.115.
(C) Rehearing
After the Commission has issued its final order and decision on
an Administrative Hearing either party may file within 30 days
of receipt of this order a Request for Reconsideration seeking
a rehearing before the Commission. The Request for
Reconsideration shall state briefly and specifically the legal
issues claimed to have been overlooked or misapprehended by the
Commission in its final order and decision. The Commission, at
its discretion may order that a response to the Request for
Reconsideration be filed. A rehearing will be granted by the
Commission only when it is clear that the Request for
Reconsideration raises legal issues of significant impact. A
Request for Reconsideration allowing a rehearing will be
granted sparingly.
Section 480.105 Content of Request for Reconsideration and
Responses
Any party requesting review pursuant to Section 480.100 must
state with specificity the reason(s) supporting the Request for
Reconsideration, such as relevant evidence which is newly
discovered and not available at the time of the original
determination, or the presentation of new, legal precedent not
available at the time of the original determination, or the
Commission's misapprehension or misapplication of law. Any
party responding to a Request for Reconsideration pursuant to
Section 480.100 must state with specificity the reasons for
opposing the Request for Reconsideration.
Section 480.110 Grant or Denial of Request for Reconsideration
(A) Other Than After an Administrative Hearing
After receipt of a response, if any, to a Request for
Reconsideration regarding an order dismissing a Complaint other
than after an Administrative Hearing (such as a finding of lack
of substantial evidence), the Commission's Executive Review
Committee shall determine whether the grounds stated in such
request are sufficient to compel reopening of the matter. If
the Executive Review Committee determines that the grounds are
not sufficient, it will promptly notify the parties of such
determination. The Executive Review Committee may require the
parties to submit written briefs or other documents on a
particular question of law or fact in connection with the
Request for Reconsideration.
(B) Interlocutory Orders
For a Request for Reconsideration of an interlocutory order
made in conjunction with objections to the Hearing Officer's
initial proposed decision, the Hearing Officer shall include
his/her ruling on this Request for Reconsideration in his/her
final proposed decision.
Section 480.115 Appeal of a Final Order or Decision of the
Commission
Any party may seek a writ of certiorari from the Chancery
Division of the Circuit Court of Cook County according to
applicable law for purposes of appealing any Final Order or
decision of the Commission.
Section 480.120 Compliance with Decision
Compliance with a Commission order shall occur no later than 31
days after the date of any Final Order after Administrative
Hearing.
Section 480.125 Enforcement of Judgment
Whenever a party believes there has been a failure to comply
with any Final Order of the Commission, the party must file a
motion with the Commission and serve it on all other parties
seeking a determination that there has not been compliance with
the Final Order. All other parties shall each have 7 days from
receipt to file a response, if any, to such motion. The
response must be served on all other parties and filed with the
Commission. If the Commission finds that there has been a
failure to comply, the Commission shall issue an order to that
effect and shall seek judicial enforcement of the Final Order.
SUBPART 490 MISCELLANEOUS
Section 490.100 Commission Deadlines
All deadlines related to actions to be taken by the Commission
or its agents are directory, not mandatory. No such deadline is
jurisdictional. The Commission's failure to meet any deadline
shall not prejudice the parties.
Section 490.110 Withdrawal of Attorney or Representative
Appearance
An attorney or representative of record may not withdraw his or
her appearance before a Commencement of Administrative Hearing
without leave of the Commission, and may not withdraw after a
Commencement of Administrative Hearing without leave of the
Hearing Officer. An attorney or representative seeking to
withdraw his or her appearance shall file with the Commission
and with the Hearing Officer (if any assigned) and serve upon
all parties a written motion setting forth the reasons for
seeking the withdrawal.
Section 490.120 Attorney Fees and Costs
The Commission, subsequent to the completion of an
Administrative Hearing, may award to a prevailing Complainant
reasonable costs, including attorneys fees.
Section 490.130 Interpreters
(A) If a qualified sign language or a qualified foreign
language interpreter is required at a Fact-Finding or
Evidentiary Conference, a Conciliation Conference, a
Pre-Hearing Meeting, an Administrative Hearing, or any other
significant Commission-related event, the Commission shall
provide one, where feasible, at no cost to the parties upon
request at least 72 hours in advance of the event at which it
is needed.
(B) The Commission will provide, where feasible, a qualified
foreign language interpreter or a qualified sign language
interpreter at all public meetings or hearings of the
Commission upon request at least 72 hours in advance of the
event at which it is needed.
Section 490.140 Accessibility
All Conciliation Conferences, Fact-Finding or Evidentiary
Conferences, Pre-Hearing Meetings, Administrative Hearings, and
meetings of the Commission shall be held in buildings and rooms
accessible to persons with disabilities.
Section 490.150 Effect of Other Laws
In interpreting the Ordinance, the Commission shall look to
decisions interpreting other relevant laws for guidance.
Section 490.160 Separability
In the event any provision or term of these rules, or any
amendment thereto, is determined by a court or other authority
of competent jurisdiction to be invalid, such determination
shall not affect the remaining provisions, which shall continue
in full force and effect.
Section 490.170 Copying Fees
The Commission shall, upon reasonable notification, furnish
copies of documents which are available for inspection under
Section 440.135 or applicable law at a charge of 10 cents per
page, plus postage if the copies are mailed. Copies shall not
be released to the requester until payment in full has been
received by the Commission. A requester may file a written
motion, which shall be granted only upon submission of an
affidavit substantially similar to the affidavit attached
hereto as Exhibit B, setting forth objective evidence that the
requester is unable to pay these charges.
Section 490.180 Motions for Extensions of Time and Continuances
(A) Any motion for an extension of time in which to file any
pleading, brief, or other document, shall be served on all
parties and filed with the Commission (and the Hearing Officer,
if one has been assigned) as soon as the reasons for the
extension are known to the moving party. Any such motion must
include the number of previous motions for extensions of time
filed by the movant, the disposition of such motions, and the
reasons for which this extension is sought. Such motions will
be granted only for good cause shown. The Commission will issue
an order and serve it on all parties. Additionally, any such
motion filed less than 7 days prior to the deadline sought to
be extended shall be granted only if extraordinary
circumstances are shown.
(B) Any motion for continuance of any Conciliation Conference,
Fact-Finding or Evidentiary Conference, Pre-Hearing Conference,
or Administrative Hearing shall be served on all parties and
filed with the Commission (and the Conciliator or Hearing
Officer, if one has been assigned) as soon as the reasons for
the continuance are known to the moving party. Any such motion
must include the number of previous motions for continuance
filed by the movant, the disposition of such motions, and the
reasons for which this continuance is sought. Such motions will
be granted only for good cause shown. Additionally, any such
motion filed less than 7 days prior to the date sought to be
continued will be granted only if extraordinary circumstances
are shown. A motion for continuance of an Administrative
Hearing to permit discovery shall not be granted unless due
diligence is shown.
(C) All objections to a motion for extension of time or a
motion for continuance shall be filed, if at all, within 3 days
after service of the motion, or within such other period as the
Hearing Officer or Commission shall order and shall be served
at the same time upon all other parties.
490.190 Verification
Any pleading, certificate, or other paper that these rules
require or permit to be verified shall be verified in one of
the following ways:
(A) By a signature affixed to an oath or affirmation and
notarized by a duly authorized notary public or other officer
authorized to administer oaths by the law of the United States
or of the jurisdiction where the pleading, certificate, or
other paper is signed;
(B) By a signed certification stating that the matters stated
are true and correct, except as to matters stated to be on
information or belief and as to such matters the undersigned
certifies that he/she believes to be true. The certification
shall be substantially similar to the form required by Section
1-109 of the Illinois Code of Civil Procedure; or
(C) For certificates of service under Section 120.120 only, by
the signature of any counsel who has filed an appearance in
that matter under Section 120.140(B).