Section 3500.310  Meetings

 

a)         The Commission meets a minimum of once every 6 months and may also meet more often at the call of the Chair. The Commission meets at such time and place as designated by the Chair, in accordance with the provisions of the Open Meetings Act. Notice of the meetings is given on the Commission's website, www.Illinois.gov/ihrc, in accordance with the provisions of the Open Meetings Act.  [775 ILCS 40/20(b)]

 

b)         The Commission meets in an area provided by the Illinois Human Rights Commission or another State agency.

 

c)         At the conclusion of the business portion of each Commission meeting that is open to the public pursuant to the Open Meetings Act, the Commission shall set aside a period of time for public comment. Any person desiring to address the Commission shall be allowed up to 3 minutes for comments or questions. Only one person may speak on behalf of any organization.

 

d)         Because of time demands on the Commission, the total time for presentations by the public at any meeting shall be limited to 30 minutes unless a Commissioner moves for, and the Commission approves, a longer period. Any person wishing to address the Commission but unable or not allowed to do so may submit a written statement to the Commission.

 

e)         The victim in each case has the right to present his or her views and concerns throughout the Commission's investigation. [775 ILCS 40/40(c)]  This right includes both the right to present written materials to the Commission and its staff and the right to address the Commission at a public meeting.  Because of time demands on the Commission, the total time for oral presentations by each victim at each meeting shall be limited to 5 minutes.  The Commission will also permit an additional 3 minutes to each family member of the victim, up to a total time limit for the victim and family members in each case of 15 minutes, unless the Chair alters these limits.

 

f)         At the conclusion of a formal inquiry, the next of kin of the convicted person shall be given the right to address the Commission at a public meeting prior to the Commission's decision.  (The convicted person, either by letter or through counsel, shall be informed of this right.)  Because of time demands on the Commission, the total time for an oral presentation by the next of kin of the convicted person shall be limited to three minutes, unless the Chair alters this limit.

 

g)         Personal attacks, use of profane language, and social and/or ethnic slurs will not be tolerated. Speakers are strongly encouraged to refrain from rude, derogatory and abusive comments and personal attacks.

 

h)         Speakers making rude, profane or slanderous remarks, or who become boisterous while addressing or while attending the meeting, may be requested to leave by the presiding Chair.

 

i)          Any person may record by tape, film or other means the meetings of the Commission or its committees that are open to the public pursuant to the Open Meetings Act.  However, if the recording process interferes with the overall decorum and proceeding of a meeting, the recording will be discontinued at the discretion of the presiding Chair.

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.320  Quorum

 

A majority of the voting members constitutes a quorum. All Commission votes are by a majority vote of the appointed voting members [775 ILCS 40/20(b)], except for votes to refer cases to the Circuit Court, which require 5 affirmative votes (see 775 ILCS 40/45(c)).

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.325  Conflicts of Interest

 

a)         Commissioners shall disqualify themselves from an investigation or a proceeding when the Commissioner's impartiality might reasonably be questioned, including but not limited to the following instances:

 

1)         The Commissioner has a personal bias or prejudice concerning a party or the party's lawyer;

 

2)         The Commissioner has personal knowledge of disputed evidentiary facts concerning the matter in controversy; "Personal knowledge" does not include facts learned pursuant to official duties as a Commissioner or agent of the Commission. A "disputed evidentiary fact" does not include facts generally known or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned;

 

3)         The Commissioner served as a lawyer in the matter in controversy, or took actions in the matter in controversy that were covered by the attorney-client privilege and the privilege was held by the claimant or the State;

 

4)         The Commissioner served as a law enforcement agent investigating the matter in controversy; the duty to recuse does not extend to investigation undertaken as part of official TIRC duties to investigate or adjudicate a TIRC claim;

 

5)         The Commissioner advocated, as an attorney or otherwise, for or against the claimant or the State in the matter in controversy;

 

6)         The Commissioner served as a lawyer for a co-defendant of the claimant in the matter in controversy;

 

7)         The Commissioner could reasonably expect to be called as a material witness in the matter in controversy should an evidentiary hearing be held in any court of competent jurisdiction; the duty to recuse does not extend to knowledge gained as part of official TIRC duties to investigate or adjudicate a TIRC claim;

 

8)         Within the three years before a proceeding is considered before the Commission, the Commissioner was in the private practice of law with a law firm that currently represents or previously represented the claimant in the proceedings before TIRC;

 

9)         The Commissioner has an economic interest in the matter in controversy or the Commissioner knows that the Commissioner's spouse, parent, child, or member of the Commissioner's family residing with the Commissioner has an economic interest in the proceeding, or has anything other than a de minimis interest that could be substantially affected by the proceeding;

 

10)         For purposes of this subsubsection (a)(10), "third degree of relationship" is defined as a great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew or niece. The Commissioner or the Commissioner's spouse, or any person within the third degree of relationship to either of them, is:

 

A)        a party or former party to the proceeding;

 

B)        acting or has acted as a lawyer in the proceeding;

 

C)        is known to the Commissioner to have more than a de minimis interest in the proceeding that could be substantially affected by the proceeding; or

 

D)        is, to the Commissioner's knowledge, likely to be a material witness in the proceeding.

 

b)         For purposes of subsection (a), the "matter in controversy" includes but is not limited to the investigation of, prosecution of, defense of, or adjudication of the claimant or the claimant's case in the underlying criminal investigation and court proceedings.  It also includes the investigation of, prosecution of, defense of, or adjudication of the claimant or the claimant's case in any civil lawsuit directly related to the underlying criminal investigation and court proceedings.

 

c)         Commissioners recusing themselves from a proceeding shall notify the Chair or Executive Director expeditiously after a conflict of interest is recognized so that other administrative arrangements may be made.

 

d)         Commissioners recusing themselves from a vote on a proceeding shall publicly announce the recusal prior to the vote.  If the recusal occurs in closed session, the recusing Commissioner shall publicly announce the recusal at the first public meeting to consider the matter in controversy.  An explanation of the reason for the recusal is encouraged but not required.

 

(Source:  Former Section 3500.325 repealed at 45 Ill. Reg. 13971; new Section added at 45 Ill. Reg. 14203, effective October 27, 2021)

 

Section 3500.330  Claim of Torture

 

a)         A request for a formal inquiry into a claim of torture is accomplished by filing a Claim Form (see 20 Ill. Adm. Code 2000.Appendix B):

 

1)         Any individual, court or agency may complete and file a Claim Form on behalf of a living person asserting a claim of torture.

 

2)         Any person may call or write the Commission to request that a Claim Form be mailed or faxed to that person in order to file a claim. The Commission also maintains a website (www.Illinois.gov/ihrc) from which a Claim Form may be printed or downloaded.

 

3)         A completed Claim Form may be filed by either mailing it to the Illinois Torture Inquiry and Relief Commission, 100 W. Randolph St., Ste. 10-300,  Chicago IL 60601, or by faxing it to the Commission's office.

 

4)         A claimant may use the Claim Form supplied by the Commission or a letter communicating substantially the same information requested in the Claim Form.

 

5)         A Claim Form shall be considered filed on the date it is mailed or transmitted to the Commission.

 

b)         The Commission deems automatically refiled those Claims that were:

 

1)         not allowed to be filed with the Commission;

 

2)         dismissed by the Commission;

 

3)         not referred to the Court by the Commission; or

 

4)         dismissed by the Court after referral by the Commission, if that action was taken solely on jurisdictional grounds that were subsequently superseded by the amendments to Section 5(1) of the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40] (the Act) (see P.A. 99-688). The automatically refiled claims retain their original filing date and may be re-evaluated and reinvestigated as the Commission finds necessary. 

 

c)         The Commission deems automatically resubmitted to the Commission those claims the Commission did not allow to be filed solely on jurisdictional grounds that were subsequently superseded by the amendments to Section 70 of the Act (see P.A. 99-688). The automatically resubmitted claims retain their original submission date and proceed to initial screening pursuant to Section 3500.340.

 

(Source:  Amended at 41 Ill. Reg. 3941, effective March 17, 2017)

 

Section 3500.340  Initial Screening of Claim Form

 

a)         Upon receipt of the Claim Form, the Director, or his or her designee, will conduct an initial screening of the Claim Form to determine whether it satisfies the following minimum criteria required for the Commission to consider a claim of torture:

 

1)         The Claim Form is properly completed;

 

2)         The claim meets the definition of "claim of torture" contained in 20 Ill. Adm. Code 2000.10; and

 

3)         The Claim Form is timely filed by August 10, 2019. (See 775 ILCS 40/70.)

 

b)         If the Claim Form is not properly completed, the Director shall return it to the person who submitted it, indicating why the Form has not been filed and giving the opportunity to resubmit it.

 

c)         If the Claim Form is properly completed, the claim will be filed and assigned a claim number.

 

d)         If the claim meets the definition of "claim of torture" contained in 20 Ill. Adm. Code 2000.10, the claim shall proceed to the Waiver of Convicted Person's Procedural Safeguards and Privileges under Section 3500.350.  The claim shall be set for investigation, in the manner and priority to be determined by the Director, subject to Section 3500.375(c) of this Part, and any direction by the Commission.

 

e)         If the Claim Form demonstrates that the claim does not meet the definition of "claim of torture" contained in 20 Ill. Adm. Code 2000.10, the Director shall recommend in a written report to the Commission that the claim be denied for the reasons specified in the report.

 

1)         The Commission shall vote to accept or to reject the Director's recommendation by majority vote of the voting members appointed. At least 4 votes are required to accept a recommendation to deny a claim.

 

2)         If the Commission accepts the recommendation to deny the claim, the Director shall notify the convicted person, and the person filing the claim if other than the convicted person, in writing that the claim was denied and the reasons for the denial.

 

(Source:  Amended at 41 Ill. Reg. 3941, effective March 17, 2017)

 

Section 3500.350  Waiver of Convicted Person's Procedural Safeguards and Privileges

 

a)         If the Director determines that the Claim Form satisfies the requirements of the initial screening, the Director, or the Director's designee, will obtain a properly signed and witnessed Waiver Form (see 20 Ill. Adm. Code 2000.Appendix C) from the convicted person before proceeding further.

 

b)         The convicted person must sign a written waiver in which the convicted person waives his or her procedural safeguards and privileges, including but not limited to the right against self-incrimination under the United States Constitution and the Constitution of the State of Illinois, only as those safeguards and privileges pertain to the offense for which the person was convicted and with respect to which the person is claiming torture.  The convicted person must also agree to cooperate fully with the Commission and agree to provide full disclosure regarding the torture inquiry. The waiver does not apply to matters unrelated to a convicted person's claim of torture. [775 ILCS 40/40(b)]

 

c)         The convicted person has the right to advice of counsel before the execution of the waiver and, if a formal inquiry is initiated, throughout the duration of the formal inquiry. If counsel represents the convicted person, the convicted person's counsel must be present at the signing of the waiver. [775 ILCS 40/40]

 

d)         If the convicted person is not represented by counsel, the Commission Chair shall determine if the person is indigent and, if so, enter an order providing for the appointment of counsel for the purpose of advising on the waiver and representing the convicted person at any waiver or interview session with the Commission. [775 ILCS 40/40]  Appointment may be of a volunteer attorney acting in a pro bono capacity or paid for by TIRC.  The determination of indigency shall be made by having the convicted person complete and send to the Director an Application for Appointed Counsel Based Upon Indigency contained in 20 Ill. Adm. Code 2000.Appendix G. The Director shall furnish an Application to the convicted person upon request. The Director shall forward a properly completed Application to the Chair for purpose of making the decision regarding indigency.

 

e)         Appointment of counsel for the claimant shall be only for the purpose of advising the claimant on any Waiver Forms and representing the claimant during any initial waiver/interview sessions necessary to secure the Waiver Form and initially interview the claimant, as well as for any necessary subsequent communication directly relating to the initial waiver/interview session.  However, it is permissible for the appointed counsel to continue, at the counsel's discretion, to represent the claimant for TIRC and other purposes on an unappointed basis.

 

f)         If the convicted person refuses to sign the Waiver Form, the Director shall recommend to the Commission that the claim of torture be dismissed. The Commission shall vote to accept or reject the Director's recommendation by majority vote of the voting members appointed. At least 4 votes are required to accept a recommendation to dismiss a claim.

 

g)         If the Director determines that the Waiver Form has been properly signed and witnessed, the claim shall proceed to Informal Inquiry under Section 3500.360.

 

h)         If a claimant is represented by counsel, contact with the claimant by the Commission shall be governed by Illinois Rule of Professional Conduct 4.2 (Rules of the Illinois Supreme Court, Article VIII). If, after a claimant has signed the Waiver Form, it becomes necessary to re-interview an unrepresented, indigent claimant about substantive factual matters or to obtain additional waivers, counsel for an indigent claimant shall again be appointed for that purpose. Additional contact between the unrepresented, indigent claimant and the Commission about clerical or insubstantial matters may be conducted without reappointing counsel.

 

(Source:  Amended at 45 Ill. Reg. 14203, effective October 27, 2021)

 

Section 3500.360  Informal Inquiry and Summary Dismissal

 

a)         After the completed Claim Form and Waiver Form have been received, an informal inquiry shall be performed by the Director or his or her designee to determine whether additional investigation is warranted.

 

b)         The Director or his or her designee may issue, serve and enforce subpoenas pursuant to Section 3500.375(a)(1) and (a)(5) to compel the production of evidence as part of an informal inquiry for purposes including, but not being limited to, obtaining documents relating to claims, determining whether a formal inquiry is warranted, and obtaining victim notification information.

 

c)         If, after completion of the informal inquiry, the Director finds that there appears to be no reasonable possibility that the claim is credible, the Director shall recommend to the Commission that the claim be summarily dismissed. A written report will be prepared documenting this finding and will be presented to the Commission for its review.

 

d)         The Commission shall vote to accept or reject the Director's recommendation by majority vote of the voting members present. At least 4 members must vote to accept the recommendation for the claim to be dismissed.

 

e)         If the Commission accepts the Director's recommendation, the convicted person, and the person filing the Claim Form if other than the convicted person, shall be notified in writing that the claim has been summarily dismissed and the reasons for the dismissal.

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.370  Summary Referral (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.375  Formal Inquiry

 

a)         If the claim is not summarily dismissed, a formal inquiry will be initiated by the Director on behalf of the Commission. In conducting the formal inquiry, any measure provided in the Code of Civil Procedure [735 ILCS 5] and the Code of Criminal Procedure of 1963 [725 ILCS 5] may be used to obtain information necessary to the inquiry, including but not limited to:

 

1)         Issuing and serving subpoenas or other process to compel the attendance of witnesses and the production of evidence;

 

2)         Administering oaths;

 

3)         Issuing written interrogatories;

 

4)         Conducting oral depositions;

 

5)         Petitioning the appropriate Circuit Court for enforcement of process or for other relief, such as contempt; [775 ILCS 40/40(d)]

 

6)         Conducting physical and/or psychological examinations of the convicted person to ascertain evidence of torture;

 

7)         Hiring experts or other specialists as needed to assist the Commission in the inquiry; and

 

8)         Conducting on-site visits to detention centers or other locations where torture is alleged to have taken place.

 

b)         All State discovery and disclosure statutes in effect at the time of the formal inquiry shall be enforceable as if the convicted person were currently being tried for the charge for which the convicted person is claiming torture.  [775 ILCS 40/40(f)]

 

c)         Prioritization of Inquiries

 

1)         In prioritizing formal and informal inquiries, the Commission considers several factors, including but not limited to:

 

A)        whether the claimant is currently incarcerated solely for the crime to which the convicted person claims torture;

 

B)        whether the claimant's allegations involve former Chicago Police Commander Jon Burge, officers under Burge's supervision, or officers formerly under Burge's supervision;

 

C)        the order in which the claims were filed; and

 

D)        the efficient workflow of the Commission. 

 

2)         No one factor is dispositive and weight of the factors is determined by the Director, subject to the supervision of the Chairman and the Commission.

 

d)         All records of the Commission are confidential until the proceedings before the Commission are concluded and a final decision has been made by the Commission. [775 ILCS 40/45(e)]

 

e)         If a witness is represented by counsel, the witness is entitled to have counsel present and to consult with counsel at any interview or formal testimony. Counsel may provide information in writing or make requests of the Commission.  Nevertheless, counsel has no right to examine witnesses or to participate as if a party to litigation.

 

f)         If, at any point during an inquiry, the convicted person refuses to comply with requests of the Commission or is otherwise deemed uncooperative by the Commission, the Commission shall discontinue the inquiry. [775 ILCS 40/40(g)] The Director may recommend that the inquiry be terminated.  The Commission shall vote to accept or reject the Director's recommendation by majority vote of the voting members appointed. At least 4 votes are required to accept a recommendation to terminate a claim.

 

g)         Whenever any person knowingly fails or refuses to comply with a subpoena served in accordance with this Section, the Commission will petition the appropriate Circuit Court for an order enforcing the subpoena.

 

h)         If a formal inquiry regarding a claim of torture is granted, the Director shall use all due diligence to notify the victim in the case and explain the formal inquiry process.  The Commission shall give the victim notice that the victim has the right to present his or her views and concerns throughout the Commission's investigation. [775 ILCS 40/40(c)]  A victim shall have the right to present his or her views and concerns in writing throughout the Commission's investigation.  A victim shall also have the right to present oral comments during the Commission's public comment period, and will, at the discretion of the Chair, ordinarily be permitted to speak before other persons make public comments.  At any meeting at which a claim is scheduled for decision by the Commission, a victim, if present, shall be permitted to present oral comments before the Commission decides the claim.  The victim shall abide by the rules applicable to comments set forth in Section 3500.310(e).

 

i)          At the completion of the formal inquiry, the Director shall report the results and his or her recommendation to the full Commission.  The written report will summarize all the relevant evidence, include the reasons for the recommendation, and present any other matters necessary for the Commission to make an informed decision regarding the claim.  Following transmission of the Director's report and recommendation, the Commission may elect to receive additional evidence in the form of an evidentiary proceeding under Section 3500.380.  In all other cases, the Commission shall vote to decide the disposition of the claim as set forth in Section 3500.385.

 

(Source:  Amended at 41 Ill. Reg. 3941, effective March 17, 2017)

 

Section 3500.380  Evidentiary Proceedings Before the Commission

 

a)         If the Commission elects to hold an evidentiary hearing, the following procedures will apply:

 

1)         At the hearing, all relevant evidence from the formal inquiry shall be presented to the full Commission in summary form as part of the Director's report and recommendation.

 

2)         The Director shall present the additional evidence the Commission has elected to consider, unless the Commission orders otherwise.

 

3)         All testimony taken shall be under oath or affirmation.

 

4)         The appearance of a witness necessary for the taking of evidence, including the convicted person, may be compelled by serving a subpoena upon that person in accordance with the procedures set forth in 20 Ill. Adm. Code 2000.40. The subpoena also may require the production at the hearing of documents or things.

 

b)         Any person present for the purpose of the evidentiary proceeding will not be allowed to address the Commission except as part of the scheduled proceeding.

 

c)         Any hearing before the full Commission shall be conducted subject to this Part and the Open Meetings Act. All proceedings of the full Commission shall be recorded by audio and transcribed as part of the record. All Commission members' votes shall be recorded in the record.

 

d)         After reviewing all the relevant evidence from the formal inquiry, and the additional evidence taken during an evidentiary proceeding, if any, the Commission shall vote to decide the claim as set forth in Section 3500.385.

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.385  Decisions

 

a)         All 8 voting members of the Commission, including alternate members if necessary, shall participate in that vote. [775 ILCS 40/45(c)]

 

b)         If at least 5 or more of the 8 voting members of the Commission conclude by a preponderance of the evidence that there is sufficient evidence of torture to merit judicial review, the case shall be referred to the Chief Judge of the Circuit Court of Cook County by filing with the Clerk of the Court the opinion of the Commission with supporting findings of fact as well as the administrative record in support of such opinion.  Any written dissents from the decision by a member of the Commission shall also be filed.  A copy of these materials shall be served on the State's Attorney.

 

1)         Given the statutory standard (Section 45(b) of the Act), the Commission may find that there is significant evidence of torture that is sufficient for it to conclude that a claim merits judicial review without the Commission also finding that it is more likely than not that any particular fact occurred.

 

2)         The Commission may, but is not required to, find that it is more likely than not that one or more particular facts occurred.  If it does so, it shall so state in its decision.

 

c)         If fewer than 5 of the voting members decide by a preponderance of the evidence that there is sufficient evidence of torture to conclude that the claim is credible, the Commission shall determine that the claim of torture does not merit judicial review for appropriate relief. The Commission shall document that determination in a written decision, along with supporting findings of fact, and file those documents, supporting materials, and the administrative record with the Court Clerk in the circuit of original jurisdiction, with a copy to the State's Attorney and the Chief Judge. [775 ILCS 40/45(c)]  Any written dissents from the decision by a member of the Commission shall also be filed.

 

d)         The Director shall use all due diligence to notify immediately both the convicted person and the victim in writing of the Commission's conclusion regarding the claim, and furnish them with a copy of the written decision. [775 ILCS 40/45]  This notice shall be given as promptly as reasonably practicable and, in the case of the conclusion of a formal inquiry, absent exceptional circumstances, shall be given no later than 10 business days after the written decision is issued by the Commission.

 

e)         The absence, incapacity or failure to appoint one or more of the voting members shall not prevent the Commission from rendering a decision if at least 5 voting members, including alternate members, of the Commission who are present decide that there is sufficient evidence of torture to merit judicial review pursuant to subsection (b), or if at least 4 voting members, including alternate members, who are present decide that there is not sufficient evidence to merit judicial review pursuant to subsection (c).  If there are insufficient votes under both provisions to render a decision, the claim shall be tabled and brought before the Commission again at a subsequent meeting.

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.386  Factors Considered in Decisions

 

a)         The Commission will consider all relevant factors in making its decision.  These factors may include:

 

1)         Whether the person has consistently claimed to have been tortured;

 

2)         Whether the claim was first made shortly after the incident in question;

 

3)         Whether the claim is corroborated by medical evidence;

 

4)         Whether the claim is corroborated by observations made by others of the physical and emotional condition of the claimant shortly after the alleged torture;

 

5)         Whether the claim is strikingly similar to other claims of torture contained in the Reports of the Chicago Police Department's Office of Professional Standards, and the Report of the Special State's Attorney, regarding their investigations of Jon Burge and police officers under his command, and/or to evidence introduced at the criminal trial of Jon Burge;

 

6)         Whether the officers accused are identified in other cases alleging torture;

 

7)         Whether the claim of torture is consistent with the Office of Professional Standards' findings of systematic and methodical torture at Area 2 under Jon Burge;

 

8)         The length of time, if any, since the accused officer had served under Jon Burge;

 

9)         Whether the strength of the evidence against the claimant, in a particular case, could bear on a possible motive for having coerced a confession.

 

b)         None of the factors listed in subsection (a) are dispositive, and the Commission has the right to weigh these and other factors as it sees fit in any individual case.

 

(Source:  Added at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.390  Notification of Crime Victim

 

a)         If a formal inquiry is initiated, the Commission, through its Director, shall use all due diligence to give written notification to the victim in the case, explaining the inquiry process and notifying the victim of the right to present the victim's views and concerns throughout the inquiry.

 

b)         The Director shall use all due diligence to notify the victim in writing at least 30 days before any proceedings of the full Commission held in regard to the case involving the victim.  The victim shall also be notified that the victim is permitted to attend proceedings of the full Commission otherwise closed to the public, subject to any limitations imposed by the Act and subject to Section 2(c)(14) of the Open Meetings Act. If the victim plans to attend proceedings otherwise closed to the public, the victim must notify the Director in writing at least 10 days in advance of the proceedings of his or her intent to attend. [775 ILCS 40/45(b)]

 

c)         Notwithstanding the requirements of subsection (b), the Commission may close any portion of the proceedings to the victim, if the victim is to testify and the Commission determines that the victim's testimony would be materially affected if the victim hears other testimony at the proceeding. [775 ILCS 40/45(b)]

 

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)

 

Section 3500.395  Commission Reports to General Assembly and Governor

 

a)         On January 1 of each year, the Commission shall report on its activities to the General Assembly and the Governor.

 

b)         The report may contain recommendations of any needed legislative changes related to the activities of the Commission. The report shall also recommend the funding needed by the Commission, the State's Attorneys and the Department of State Police in order to meet the responsibilities of each agency under the Act. Recommendations concerning the State's Attorneys or the Department of State Police shall only be made after consultations with the Illinois State's Attorneys Association, the Department of State Police and the Attorney General. [775 ILCS 40/60]

SUBPART D: RULEMAKING

 

Section 3500.410  Adoption of Rules

 

The Commission adopts rules in accordance with the Illinois Administrative Procedure Act [5 ILCS 100].