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| Public Act 100-1154 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Human Rights Act is amended by | ||||
changing Sections 8A-103 and 8B-103 as follows:
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(775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
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Sec. 8A-103. Review by Commission.
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(A) Exceptions. Within 30 days of the receipt of service of | ||||
the hearing
officer's recommended order, a party may file with | ||||
the Commission any
written exceptions to any part of the order. | ||||
Exceptions shall be supported
by argument and served on all | ||||
parties at the time they are filed. If no
exceptions are filed, | ||||
the recommended order shall become the order of the
Commission | ||||
without further review. The Commission shall issue a notice | ||||
that no exceptions have been filed no later than 30 days after | ||||
the exceptions were due.
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(B) Response. Within 21 days of the receipt of service of | ||||
exceptions,
a party may file with the Commission any response | ||||
to the exceptions.
Responses shall be supported by argument and | ||||
served on all parties at the
time they are filed.
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(C) Oral Argument. A party may request oral argument at the | ||||
time of filing
exceptions or a response to exceptions. When any | ||||
party requests oral argument
in this manner, the Commission may | ||||
schedule oral argument to be
heard
by a panel of 3 Commission | ||
members. If the panel grants oral argument, it shall notify all | ||
parties
of the time and place of argument. Any party so | ||
notified may present
oral argument.
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(D) Remand.
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(1) The Commission, on its own motion or at the written | ||
request of any
party made at the time of filing exceptions | ||
or responses, may remand a case
to a hearing officer for | ||
purposes of a rehearing to reconsider evidence or
hear | ||
additional evidence in the matter. The Commission shall | ||
issue and
serve on all parties a written order remanding | ||
the cause and specifying the
additional evidence.
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(2) The hearing officer presiding at a rehearing shall | ||
set a hearing
date, in accordance with subsection (B) of | ||
Section 8A-102, upon due notice
to all parties.
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(3) After conclusion of the rehearing, the hearing | ||
officer shall file
written findings and recommendations | ||
with the Commission and serve copies
at the same time on | ||
all parties in the same manner as provided in
subsection | ||
(I) of Section 8A-102. The findings and recommendations | ||
shall
be subject to review by the Commission as provided in | ||
this Section.
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(E) Review.
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(1) Following the filing of the findings and | ||
recommended order of the
hearing officer and any written | ||
exceptions and responses, and any other
proceedings | ||
provided for in this Section, the Commission, through a | ||
panel of 3
members, shall decide whether to accept the case | ||
for review. If the panel
declines to review the recommended | ||
order, it shall become the order
of the Commission. The | ||
Commission shall issue a notice within 30 days after a | ||
Commission panel votes to decline review. If the panel | ||
accepts the case, it shall review the record
and may adopt, | ||
modify, or reverse in whole or in part the findings and
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recommendations of the hearing officer.
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(2) When reviewing a recommended order, the Commission | ||
shall adopt the
hearing officer's findings of fact
if they | ||
are not contrary to the manifest weight of the evidence.
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(3) If the Commission accepts a case for review, it
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shall file its written order and decision in its office
and | ||
serve copies on all parties together with a notification of | ||
the date
when it was filed. If the Commission declines to | ||
review a recommended order
or if no exceptions have been | ||
filed, it shall issue a short statement notifying
the | ||
parties that the recommended order has become the order of | ||
the Commission.
The statement shall be served on the | ||
parties by first class mail.
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(4) A recommended order authored by a non-presiding
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hearing officer under
subparagraph 8A-102(I)(4) of this | ||
Act shall be reviewed in the same
manner as a recommended | ||
order authored by a presiding
hearing officer.
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(F) Rehearing.
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(1) Within 30 days after service of the Commission's | ||
order or statement
declining review, a party may file an | ||
application for rehearing before the
full Commission.
The | ||
application shall be served on all other parties. The | ||
Commission shall
have discretion to order a response to the | ||
application. The filing of an
application for rehearing is | ||
optional. The failure to file an application
for rehearing | ||
shall not be considered a failure to exhaust administrative
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remedies. This amendatory Act of 1991 applies to pending | ||
proceedings as
well as those filed on or after its | ||
effective date.
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(2) Applications for rehearing shall be viewed with | ||
disfavor and may
be granted, by vote of 3 6 Commission | ||
members, only upon a clear demonstration
that a matter | ||
raises legal issues of significant impact or that | ||
Commission
decisions are in conflict.
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(3) When an application for rehearing is granted, the | ||
original order shall
be nullified and oral argument before | ||
the full Commission shall be scheduled.
The Commission may | ||
request the parties to file any additional written | ||
arguments
it deems necessary.
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(G) Modification of Order.
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(1) At any time before a final order of
the court in a | ||
proceeding for judicial review under this Act, the | ||
Commission
or the 3-member panel that decided the matter, | ||
upon reasonable notice,
may modify or set aside in whole or | ||
in part any finding or order made by
it in accordance with | ||
this Section.
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(2) Any modification shall be accomplished by the | ||
filing and service of
a supplemental order and decision by | ||
the Commission in the same manner as
provided in this | ||
Section.
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(H) Extensions of time. All motions for extensions of time | ||
with
respect to matters being considered by the Commission | ||
shall be decided by
the full Commission or a 3-member panel. If | ||
a motion for extension of
time cannot be ruled upon before the | ||
filing deadline sought to be
extended, the Chairperson of the | ||
Commission shall be authorized to extend
the filing deadline to | ||
the date of the next Commission meeting at which the
motion can | ||
be considered.
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(Source: P.A. 100-1066, eff. 8-24-18.)
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(775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
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Sec. 8B-103. Review by Commission.
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(A) Exceptions. Within 30 days of the receipt of service of | ||
the hearing
officer's recommended order, a party may file with | ||
the Commission any
written exceptions to any part of the order. | ||
Exceptions shall be supported
by argument and served on all | ||
parties at the time they are filed. If no
exceptions are filed, | ||
the recommended order shall become the order of the
Commission | ||
without further review. The Commission shall issue a notice | ||
that no exceptions have been filed no later than 30 days after | ||
the exceptions were due.
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(B) Response. Within 21 days of the receipt of service of | ||
exceptions,
a party may file with the Commission any response | ||
to the exceptions.
Responses shall be supported by argument and | ||
served on all parties at the
time they are filed.
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(C) Oral Argument. A party may request oral argument at the | ||
time of filing
exceptions or a response to exceptions. When any | ||
party requests oral argument
in this manner, the Commission may | ||
schedule oral argument to be
heard
by a panel of 3 Commission | ||
members. If the panel grants oral
argument, it shall notify all | ||
parties of
the time and place of argument. Any party so | ||
notified may present
oral argument.
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(D) Remand.
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(1) The Commission, on its own motion or at the written | ||
request of any
party made at the time of filing exceptions | ||
or responses, may remand a case
to a hearing officer for | ||
purposes of a rehearing to reconsider evidence or
hear | ||
additional evidence in the matter. The Commission shall | ||
issue and
serve on all parties a written order remanding | ||
the cause and specifying the
additional evidence.
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(2) The hearing officer presiding at a rehearing shall | ||
set a hearing date,
in accordance with Section 8B-102(C), | ||
upon due notice to all parties.
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(3) After conclusion of the rehearing, the hearing | ||
officer shall file
written findings and recommendations | ||
with the Commission and serve copies
at the same time on | ||
all parties in the same manner as provided in Section
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8B-102(J). The findings and recommendations shall be | ||
subject to review by
the Commission as provided in this | ||
Section.
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(E) Review.
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(1) Following the filing of the findings and | ||
recommended
order of the hearing officer and any written | ||
exceptions and responses, and
any other proceedings | ||
provided for in this Section, the Commission, through
a | ||
panel of 3 members, may review the record and may adopt,
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modify,
or reverse in whole or in part the findings and | ||
recommendations of the
hearing officer.
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(2) When reviewing a recommended order, the Commission | ||
shall adopt the
hearing officer's findings of fact
if they | ||
are not contrary to the manifest weight of the evidence.
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(3) If the Commission accepts a case for review, it
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shall file its written order and decision in its
office and | ||
serve copies on all parties together with a notification of | ||
the
date when it was filed. If the Commission declines to | ||
review a recommended
order or if no exceptions have been | ||
filed, it shall issue a short statement
notifying the | ||
parties that the recommended order has become the order of | ||
the
Commission. The statement shall be served on the | ||
parties by first class
mail.
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(3.1) A recommended order authored by a non-presiding
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hearing officer under
subparagraph 8B-102(J)(4) shall be | ||
reviewed in the same
manner as a recommended order authored | ||
by a presiding
hearing officer.
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(4) The Commission shall issue a final decision within | ||
one
year of the date a charge is filed with the Department | ||
unless it is
impracticable to do so. If the Commission is | ||
unable to issue a final decision within one year of the | ||
date the charge is filed with the
Department, it shall | ||
notify all parties in writing of the reasons for
not doing | ||
so.
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(F) Rehearing.
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(1) Within 30 days after service of the Commission's | ||
order or statement
declining review, a party may file an | ||
application for rehearing before the
full Commission.
The | ||
application shall be served on all other parties. The | ||
Commission shall
have discretion to order a response to the | ||
application. The filing of an
application for rehearing is | ||
optional. The failure to file an application
for rehearing | ||
shall not be considered a failure to exhaust administrative
| ||
remedies. This amendatory Act of 1991 applies to pending | ||
proceedings as
well as those filed on or after its | ||
effective date.
| ||
(2) Applications for rehearing shall be viewed with | ||
disfavor, and may
be granted, by vote of 3 6 Commission | ||
members, only upon a clear demonstration
that a matter | ||
raises legal issues of significant impact or that
| ||
Commission decisions are in conflict.
| ||
(3) When an application for rehearing is granted, the | ||
original order
shall be nullified and oral argument before | ||
the full Commission shall be
scheduled. The Commission may | ||
request the parties to file any additional
written | ||
arguments it deems necessary.
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(G) Modification of Order.
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(1) At any time before a final order of the court in a | ||
proceeding for
judicial review under this Act, the | ||
Commission or the 3-member panel that
decided the matter, | ||
upon reasonable notice, may modify or set aside in
whole or | ||
in part any finding or order made by it in accordance with | ||
this
Section.
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(2) Any modification shall be accomplished by the | ||
filing and service of
a supplemental order and decision by | ||
the Commission in the same manner as
provided in this | ||
Section.
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(H) Extensions of time. All motions for extensions of time | ||
with
respect to matters being considered by the Commission | ||
shall be decided by
the full Commission or a 3-member panel. If | ||
a motion for extension of
time cannot be ruled upon before the | ||
filing deadline sought to be
extended, the Chairperson of the | ||
Commission shall be authorized to extend
the filing deadline to | ||
the date of the next Commission meeting at which the
motion can | ||
be considered.
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(Source: P.A. 100-1066, eff. 8-24-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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