SB2955 94TH GENERAL ASSEMBLY

LRB094 17947 RLC 53250 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2955

Introduced 1/20/2006, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

820 ILCS 405/802.1 new

Amends the Unemployment Insurance Act. Provides that referees and Director's representatives of the Department of Employment Security shall be referred to as administrative law judges. Establishes standards of conduct for administrative law judges of the Department of Employment Security. Provides that an administrative law judge, whether full time or intermittent, whether scheduled or nonscheduled, shall not serve as a member of the Board of Review. Provides that an administrative law judge shall report to the Director of Employment Security any suspected violations of the standards of conduct. Provides that an administrative law judge shall be discharged for the repeated violation of any of the standards of conduct or the violation of any of those standards in conjunction with the simultaneous or previous violation of any other of those standards.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by adding Section 802.1 as follows:

(820 ILCS 405/802.1 new)

Sec. 802.1. Administrative law judges.

A. On and after the effective date of this amendatory Act of the 94th General Assembly, referees and Director's representatives shall be referred to as administrative law judges. The following standards apply to the performance of an administrative law judge's duties:

(1) An administrative law judge shall be faithful to the law and maintain professional competence in it.

(2) An administrative law judge shall maintain order and decorum in proceedings before him or her.

(3) An administrative law judge shall be patient, dignified, and courteous to parties, witnesses, parties' representatives, and others with whom the administrative law judge deals in an official capacity, including but not limited to during any hearing the administrative law judge conducts.

(4) An administrative law judge shall refrain from making any discourteous, intemperate, or undignified comments in the preparation of a written decision, draft decision, or recommended decision and shall not engage in any conduct that brings the Department into disrepute.

(5) An administrative law judge shall accord to every person the right to be heard in any proceeding before him or her as may be provided for by law.

(6) An administrative law judge is an employee of the Department with a fiduciary duty to the Department. An administrative law judge shall not, in his or her capacity as an administrative law judge, take a public position on any matter if that position conflicts with the position of the Department. Taking a public position includes but is not limited to providing testimony at a public hearing.

(7) An administrative law judge's work product is subject to review and approval by supervisory employees of the Department, who shall be bound by this Section in discharging their supervisory responsibilities.

(8) An administrative law judge shall not base a decision, draft decision, or recommended decision on any consideration not relevant under law to the issue before him or her.

(9) An administrative law judge, whether full time or intermittent, whether scheduled or nonscheduled, shall not serve as a member of the Board of Review.

(10) An administrative law judge shall report to the Director any suspected violations of this subsection A.

B. An administrative law judge shall be discharged for the repeated violation of any of the standards enumerated in subsection A or the violation of any of those standards in conjunction with the simultaneous or previous violation of any other of those standards.