Section 2520.560  Dismissal

a)         The Department shall serve upon the parties a written notice of dismissal of all or part of a charge.  The notice will state the grounds for dismissal and that the complainant may obtain review by the Commission by filing a request for review.

b)         The dismissal may be based upon:

1)         lack of substantial evidence of discrimination or lack of jurisdiction. An investigation report discussing the reasons for the dismissal will accompany the notice of dismissal;

2)         complainant's failure to proceed, as provided in Section 2520.430(c).  The notice of dismissal in these cases will specify the manner in which the complainant has failed to proceed and will be addressed to the complainant at the last known address;

3)         complainant's failure to accept a settlement offer, pursuant to Section 7A‑103(D) of the Act.  The notice in these cases will specify the reasons for the Department's dismissal; or

4)         the filing of litigation in federal and State court (see Section 7-109.1 of the Act).

(Source:  Amended at 44 Ill. Reg. 19864, effective December 14, 2020)