Section 1620.520  Hearings

a)         The Chair shall preside over all hearings unless, at the election of the Commission, the Chair designates an administrative law judge to act as a hearing officer.  The administrative law judges shall be licensed to practice law in the State of Illinois and may be a commissioner or regular or contractual employee of the Commission.  The Commission shall grant, for good cause shown, a petition from either party seeking disqualification of the administrative law judge or a commissioner for bias or conflict of interest.

b)         All hearings shall be closed to the public.

c)         Hearings shall be conducted in accordance with the contested case provisions of Article 10 of the Administrative Procedure Act [5 ILCS 100/Art. 10].

d)         If a 20-63 Complainant has submitted an impact statement with respect to the allegations in the summary report of the investigation that served as the basis for the filing of the complaint, the EIG shall, with notice to the respondent, provide to the person presiding over the hearing a copy of the statement for the Commission’s consideration.  The Commission shall consider the impact statement only for purpose of determining an appropriate penalty, if any.

e)         At the conclusion of the hearing, the Chair or the administrative law judge, if any, may set a briefing schedule.

f)         If a party, or any person at the instance of or in collusion with a party, unreasonably refuses or fails to comply with this Subpart E or with any order of the Commission, Chair or administrative law judge, the Chair or administrative law judge may enter an adverse finding, or order as may be necessary to ensure just disposition of the matter.

g)         The Chair or the administrative law judge presiding at the hearing may conduct any additional proceedings ancillary to or related to the hearing as the Chair or the administrative law judge deems appropriate.

(Source:  Amended at 47 Ill. Reg. 12045, effective July 31, 2023)