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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_SB1175eng SB1175 Engrossed LRB9207908DJmg 1 AN ACT in relation to human rights. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Human Rights Act is amended by 5 changing Sections 8A-102 and 8B-102 as follows: 6 (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102) 7 Sec. 8A-102. Hearing on Complaint. 8 (A) Services. Within five days after a complaint is 9 filed by the Department, or the aggrieved party, as the case 10 may be, the Commission shall cause it to be served on the 11 respondent together with a notice of hearing before a hearing 12 officer of the Commission at a place therein fixed. 13 (B) Time and Location of Hearing. An initial hearing 14 date shall be scheduled for not less than thirty nor more 15 than ninety days after service of the complaint at a place 16 that is within one hundred miles of the place at which the 17 civil rights violation is alleged to have occurred. The 18 hearing officer may, for good cause shown, extend the date of 19 the hearing. 20 (C) Amendment. 21 (1) A complaint may be amended under oath by leave 22 of the presiding hearing officer, for good cause shown, 23 upon timely written motion and reasonable notice to all 24 interested parties at any time prior to the issuance of a 25 recommended order pursuant to Section 8A-102(I) or 26 8B-102(J). The amended complaint shall be served upon 27 all parties of record and the Department of Human Rights 28 by the complainant, or by the Department if it prepared 29 and filed the amended complaint, within 7 days of the 30 date of the order permitting its filing or such 31 additional time as the hearing officer may order. SB1175 Engrossed -2- LRB9207908DJmg 1 Amendments to the complaint may encompass any unlawful 2 discrimination which is like or reasonably related to the 3 charge and growing out of the allegations in such charge, 4 including, but not limited to, allegations of 5 retaliation. 6 (2) A motion that the complaint be amended to 7 conform to the evidence, made prior to the close of the 8 public hearing, may be addressed orally on the record to 9 the hearing officer, and shall be granted for good and 10 sufficient cause. 11 (D) Answer. 12 (1) The respondent shall file an answer under oath 13 or affirmation to the original or amended complaint 14 within 30 days of the date of service thereof, but the 15 hearing officer may, for good cause shown, grant further 16 time for the filing of an answer. 17 (2) When the respondent files a motion to dismiss 18 the complaint within 30 days and the motion is denied by 19 the hearing officer, the time for filing the answer shall 20 be within 15 days of the date of denial of the motion. 21 (3) Any allegation in the complaint which is not 22 denied or admitted in the answer is deemed admitted 23 unless the respondent states in the answer that he is 24 without sufficient knowledge or information to form a 25 belief with respect to such allegation. 26 (4) The failure to file an answer is deemed to 27 constitute an admission of the allegations contained in 28 the complaint. 29 (5) The respondent has the right to amend his 30 answer, upon leave of the hearing officer, for good cause 31 shown. 32 (E) Proceedings In Forma Pauperis. 33 (1) If the hearing officer is satisfied that the 34 complainant or respondent is a poor person, and unable to SB1175 Engrossed -3- LRB9207908DJmg 1 prosecute or defend the complaint and pay the costs and 2 expenses thereof, the hearing officer may permit the 3 party to commence and prosecute or defend the action as a 4 poor person. Such party shall have all the necessary 5 subpoenas, appearances, and proceedings without 6 prepayment of witness fees or charges. Witnesses shall 7 attend as in other cases under this Act and the same 8 remedies shall be available for failure or refusal to 9 obey the subpoena as are provided for in Section 8-104 of 10 this Act. 11 (2) A person desiring to proceed without payment of 12 fees or charges shall file with the hearing officer an 13 affidavit stating that he is a poor person and unable to 14 pay costs, and that the action is meritorious. 15 (F) Discovery. The procedure for obtaining discovery of 16 information from parties and witnesses shall be specified by 17 the Commission in rules. If no rule has been promulgated by 18 the Commission on a particular type of discovery, the Code of 19 Civil Procedure may be considered persuasive authority. The 20 types of discovery shall be the same as in civil cases in the 21 circuit courts of this State, provided, however, that a party 22 may take discovery depositions only upon leave of the hearing 23 officer and for good cause shown. 24 (G) Hearing. 25 (1) Both the complainant and the respondent may 26 appear at the hearing and examine and cross-examine 27 witnesses. 28 (2) The testimony taken at the hearing shall be 29 under oath or affirmation and a transcript shall be made 30 and filed in the office of the Commission. 31 (3) The testimony taken at the hearing is subject 32 to the same rules of evidence that apply in courts of 33 this State in civil cases. 34 (H) Compelling Appearance of Parties at Hearing. The SB1175 Engrossed -4- LRB9207908DJmg 1 appearance at the hearing of a party or a person who at the 2 time of the hearing is an officer, director, or employee of a 3 party may be required by serving the party with a notice 4 designating the person who is required to appear. The notice 5 also may require the production at the hearing of documents 6 or tangible things. If the party or person is a nonresident 7 of the county, the hearing officer may order any terms and 8 conditions in connection with his appearance at the hearing 9 that are just, including payment of his reasonable expenses. 10 Upon a failure to comply with the notice, the hearing officer 11 may enter any order that is just. 12 (I) Decision. 13 (1) When all the testimony has been taken, the 14 hearing officer shall determine whether the respondent 15 has engaged in or is engaging in the civil rights 16 violation with respect to the person aggrieved as charged 17 in the complaint. A determination sustaining a complaint 18 shall be based upon a preponderance of the evidence. 19 (2) The hearing officer shall make findings of fact 20 in writing and, if the finding is against the respondent, 21 shall issue and cause to be served on the parties and the 22 Department a recommended order for appropriate relief as 23 provided by this Act. 24 (3) If, upon all the evidence, the hearing officer 25 finds that a respondent has not engaged in the 26 discriminatory practice charged in the complaint or that 27 a preponderance of the evidence does not sustain the 28 complaint, he shall state his findings of fact and shall 29 issue and cause to be served on the parties and the 30 Department a recommended order dismissing the complaint. 31 (4) The findings and recommended order of the 32 hearing officer shall be filed with the Commission. The 33 findings and recommended order need not be authored by 34 the hearing officer who presides at the public hearing SB1175 Engrossed -5- LRB9207908DJmg 1 if: 2 (a) all parties to a complaint agree to have 3 the decision written by a hearing officer who did 4 not preside at the public hearing; or 5 (b) the presiding hearing officer transmits 6 his or her impression of witness credibility to the 7 hearing officer who authors the findings and 8 recommended order; orand9 (c) there are no questions of witness 10 credibility presented by the record as found by the 11 presiding hearing officer. 12 (5) A recommended order dismissing a complaint may 13 include an award of reasonable attorneys fees in favor of 14 the respondent against the complainant or the 15 complainant's attorney, or both, if the hearing officer 16 concludes that the complaint was frivolous, unreasonable 17 or groundless or that the complainant continued to 18 litigate after it became clearly so. 19 (6) The hearing officer may issue a recommended 20 order of dismissal with prejudice or a recommended order 21 of default as a sanction for the failure of a party to 22 prosecute his or her case, file a required pleading, 23 appear at a hearing, or otherwise comply with this Act, 24 the rules of the Commission, or a previous order of the 25 hearing officer. 26 (Source: P.A. 89-370, eff. 8-18-95.) 27 (775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102) 28 Sec. 8B-102. Hearing on complaint. 29 (A) Election of Judicial Determination. When a 30 complaint is filed under Section 7B-102(F) a complainant, a 31 respondent, or an aggrieved party on whose behalf the 32 complaint was filed, may elect to have the claims asserted in 33 that complaint decided in a civil action in a circuit court SB1175 Engrossed -6- LRB9207908DJmg 1 of Illinois, in which case the Illinois Code of Civil 2 Procedure shall apply. The election must be made not later 3 than 20 days after the receipt by the electing person of 4 service of the complaint by the Commission. The person 5 making such election shall file it with the Commission and 6 shall give notice of doing so to the Department and to all 7 other complainants and respondents to whom the charge 8 relates. If an election is made, the Commission shall act no 9 further on the complaint and shall administratively close the 10 file on the complaint. If an election is not made, the 11 Commission shall continue proceedings on the complaint in 12 accordance with this Act and the hearing shall be before a 13 hearing officer. 14 (B) Services. Within 5 days after a complaint is filed 15 by the Department, the Commission shall cause it to be served 16 on the respondent and complainant together with a notice of 17 hearing before a hearing officer of the Commission at a place 18 therein fixed and with information as to how to make an 19 election under subsection (A) and the effect of such an 20 election. 21 (C) Time and Location of Hearing. An initial hearing 22 date shall be scheduled for not less than 30 nor more than 90 23 days after service of the complaint at a place that is within 24 100 miles of the place at which the civil rights violation is 25 alleged to have occurred. The hearing officer may, for good 26 cause shown, extend the date of the hearing. 27 (D) Amendment. 28 (1) A complaint may be amended under oath by leave 29 of the presiding hearing officer, for good cause shown, 30 upon timely written motion and reasonable notice to all 31 interested parties at any time prior to the issuance of a 32 recommended order pursuant to Section 8A-102(I) or 33 8B-102(J). The amended complaint shall be served upon 34 all parties of record by the Department within 7 days of SB1175 Engrossed -7- LRB9207908DJmg 1 the date of the order permitting its filing or such 2 additional time as the hearing officer may order. 3 Amendments to the complaint may encompass any unlawful 4 discrimination which is like or reasonably related to the 5 charge and growing out of the allegations in such charge, 6 including, but not limited to, allegations of 7 retaliation. 8 (2) A motion that the complaint be amended to 9 conform to the evidence, made prior to the close of the 10 public hearing, may be addressed orally on the record to 11 the hearing officer, and shall be granted for good and 12 sufficient cause. 13 (E) Answer. 14 (1) The respondent shall file an answer under oath 15 or affirmation to the original or amended complaint 16 within 30 days of the date of service thereof, but the 17 hearing officer may, for good cause shown, grant further 18 time for the filing of an answer. 19 (2) When the respondent files a motion to dismiss 20 the complaint within 30 days and the motion is denied by 21 the hearing officer, the time for filing the answer shall 22 be within 15 days of the date of denial of the motion. 23 (3) Any allegation in the complaint which is not 24 denied or admitted in the answer is deemed admitted 25 unless the respondent states in the answer that he is 26 without sufficient knowledge or information to form a 27 belief with respect to such allegation. 28 (4) The failure to file an answer is deemed to 29 constitute an admission of the allegations contained in 30 the complaint. 31 (5) The respondent has the right to amend his 32 answer, upon leave of the hearing officer, for good cause 33 shown. 34 (F) Proceedings In Forma Pauperis. SB1175 Engrossed -8- LRB9207908DJmg 1 (1) If the hearing officer is satisfied that the 2 complainant or respondent is a poor person, and unable to 3 prosecute or defend the complaint and pay the costs and 4 expenses thereof, the hearing officer may permit the 5 party to commence and prosecute or defend the action as a 6 poor person. Such party shall have all the necessary 7 subpoenas, appearances, and proceedings without 8 prepayment of witness fees or charges. Witnesses shall 9 attend as in other cases under this Act and the same 10 remedies shall be available for failure or refusal to 11 obey the subpoena as are provided for in Section 8-104 of 12 this Act. 13 (2) A person desiring to proceed without payment of 14 fees or charges shall file with the hearing officer an 15 affidavit stating that he is a poor person and unable to 16 pay costs, and that the action is meritorious. 17 (G) Discovery. The procedures for obtaining discovery 18 of information from parties and witnesses shall be specified 19 by the Commission in rules. If no rule has been promulgated 20 by the Commission on a particular type of discovery, the Code 21 of Civil Procedure may be considered persuasive authority. 22 The types of discovery shall be the same as in civil cases in 23 the circuit courts of this State, provided, however, that a 24 party may take discovery depositions only upon leave of the 25 hearing officer and for good cause shown. 26 (H) Hearing. 27 (1) The Department and the respondent shall be 28 parties in hearings under this Article. The Department 29 shall seek appropriate relief for the complainant and 30 vindication of the public interest. Any complainant may 31 intervene as a party. All parties have the right to 32 examine and cross examine witnesses. 33 (2) The testimony taken at the hearing shall be 34 under oath or affirmation and a transcript shall be made SB1175 Engrossed -9- LRB9207908DJmg 1 and filed in the office of the Commission. 2 (3) The testimony taken at the hearing is subject 3 to the same rules of evidence that apply in courts of 4 this State in civil cases. 5 (I) Compelling Appearance of Parties at Hearing. The 6 appearance at the hearing of a party or a person who at the 7 time of the hearing is an officer, director, or employee of a 8 party may be required by serving the party with a notice 9 designating the person who is required to appear. The notice 10 also may require the production at the hearing of documents 11 or tangible things. If the party or person is a nonresident 12 of the county, the hearing officer may order any terms and 13 conditions in connection with his appearance at the hearing 14 that are just, including payment of his reasonable expenses. 15 Upon a failure to comply with the notice, the hearing officer 16 may enter any order that is just. 17 (J) Decision. 18 (1) When all the testimony has been taken, the 19 hearing officer shall determine whether the respondent 20 has engaged in or is engaging in the civil rights 21 violation with respect to the aggrieved party as charged 22 in the complaint. A determination sustaining a complaint 23 shall be based upon a preponderance of the evidence. 24 (2) The hearing officer shall make findings of fact 25 in writing and, if the finding is against the respondent, 26 shall issue and cause to be served on the parties and the 27 Department a recommended order for appropriate relief as 28 provided by this Act. 29 (3) If, upon all the evidence, the hearing officer 30 finds that a respondent has not engaged in the civil 31 rights violation charged in the complaint or that a 32 preponderance of the evidence does not sustain the 33 complaint, he shall state his findings of fact and shall 34 issue and cause to be served on the parties and the SB1175 Engrossed -10- LRB9207908DJmg 1 Department a recommended order dismissing the complaint. 2 (4) The findings and recommended order of the 3 hearing officer shall be filed with the Commission. The 4 findings and recommended order need not be authored by 5 the hearing officer who presides at the public hearing 6 if: 7 (a) all parties to a complaint agree to have 8 the decision written by a hearing officer who did 9 not preside at the public hearing; or 10 (b) the presiding hearing officer transmits 11 his or her impression of witness credibility to the 12 hearing officer who authors the findings and 13 recommended order; orand14 (c) there are no questions of witness 15 credibility presented by the record as found by the 16 presiding officer. 17 (5) The hearing officer may issue a recommended 18 order of dismissal with prejudice or a recommended order 19 of default as a sanction for the failure of a party to 20 prosecute his or her case, file a required pleading, 21 appear at a hearing, or otherwise comply with this Act, 22 the rules of the Commission, or a previous order of the 23 hearing officer. 24 (K) Effect of Trial of Civil Action on Administrative 25 Proceedings. A hearing officer shall not proceed with any 26 administrative proceedings under this Section after the 27 filing of a civil action by or on behalf of the aggrieved 28 party under federal or State law seeking relief with respect 29 to the alleged civil rights violation. 30 (Source: P.A. 89-370, eff. 8-18-95.)