Full Text of SB0021 100th General Assembly
SB0021enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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-103 and 8B-103 as follows:
| 6 | | (775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
| 7 | | Sec. 8A-103. Review by Commission.
| 8 | | (A) Exceptions. Within 30 days of the receipt of service of | 9 | | the hearing
officer's recommended order, a party may file with | 10 | | the Commission any
written exceptions to any part of the order. | 11 | | Exceptions shall be supported
by argument and served on all | 12 | | parties at the time they are filed. If no
exceptions are filed, | 13 | | the recommended order shall become the order of the
Commission | 14 | | without further review. The Commission shall issue a notice | 15 | | that no exceptions have been filed no later than 30 days after | 16 | | the exceptions were due.
| 17 | | (B) Response. Within 21 days of the receipt of service of | 18 | | exceptions,
a party may file with the Commission any response | 19 | | to the exceptions.
Responses shall be supported by argument and | 20 | | served on all parties at the
time they are filed.
| 21 | | (C) Oral Argument. A party may request oral argument at the | 22 | | time of filing
exceptions or a response to exceptions. When any | 23 | | party requests oral argument
in this manner, the Commission may |
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| 1 | | schedule oral argument to be
heard
by a panel of 3 Commission | 2 | | members. If the panel grants oral argument, it shall notify all | 3 | | parties
of the time and place of argument. Any party so | 4 | | notified may present
oral argument.
| 5 | | (D) Remand.
| 6 | | (1) The Commission, on its own motion or at the written | 7 | | request of any
party made at the time of filing exceptions | 8 | | or responses, may remand a case
to a hearing officer for | 9 | | purposes of a rehearing to reconsider evidence or
hear | 10 | | additional evidence in the matter. The Commission shall | 11 | | issue and
serve on all parties a written order remanding | 12 | | the cause and specifying the
additional evidence.
| 13 | | (2) The hearing officer presiding at a rehearing shall | 14 | | set a hearing
date, in accordance with subsection (B) of | 15 | | Section 8A-102, upon due notice
to all parties.
| 16 | | (3) After conclusion of the rehearing, the hearing | 17 | | officer shall file
written findings and recommendations | 18 | | with the Commission and serve copies
at the same time on | 19 | | all parties in the same manner as provided in
subsection | 20 | | (I) of Section 8A-102. The findings and recommendations | 21 | | shall
be subject to review by the Commission as provided in | 22 | | this Section.
| 23 | | (E) Review.
| 24 | | (1) Following the filing of the findings and | 25 | | recommended order of the
hearing officer and any written | 26 | | exceptions and responses, and any other
proceedings |
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| 1 | | provided for in this Section, the Commission, through a | 2 | | panel of 3
members, shall decide whether to accept the case | 3 | | for review. If the panel
declines to review the recommended | 4 | | order, it shall become the order
of the Commission. The | 5 | | Commission shall issue a notice within 30 days after a | 6 | | Commission panel votes to decline review. If the panel | 7 | | accepts the case, it shall review the record
and may adopt, | 8 | | modify, or reverse in whole or in part the findings and
| 9 | | recommendations of the hearing officer.
| 10 | | (2) When reviewing a recommended order, the Commission | 11 | | shall adopt the
hearing officer's findings of fact
if they | 12 | | are not contrary to the manifest weight of the evidence.
| 13 | | (3) If the Commission accepts a case for review, it
| 14 | | shall file its written order and decision in its office
and | 15 | | serve copies on all parties together with a notification of | 16 | | the date
when it was filed. If the Commission declines to | 17 | | review a recommended order
or if no exceptions have been | 18 | | filed, it shall issue a short statement notifying
the | 19 | | parties that the recommended order has become the order of | 20 | | the Commission.
The statement shall be served on the | 21 | | parties by first class mail.
| 22 | | (4) A recommended order authored by a non-presiding
| 23 | | hearing officer under
subparagraph 8A-102(I)(4) of this | 24 | | Act shall be reviewed in the same
manner as a recommended | 25 | | order authored by a presiding
hearing officer.
| 26 | | (F) Rehearing.
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| 1 | | (1) Within 30 days after service of the Commission's | 2 | | order or statement
declining review, a party may file an | 3 | | application for rehearing before the
full Commission.
The | 4 | | application shall be served on all other parties. The | 5 | | Commission shall
have discretion to order a response to the | 6 | | application. The filing of an
application for rehearing is | 7 | | optional. The failure to file an application
for rehearing | 8 | | shall not be considered a failure to exhaust administrative
| 9 | | remedies. This amendatory Act of 1991 applies to pending | 10 | | proceedings as
well as those filed on or after its | 11 | | effective date.
| 12 | | (2) Applications for rehearing shall be viewed with | 13 | | disfavor and may
be granted, by vote of 3 6 Commission | 14 | | members, only upon a clear demonstration
that a matter | 15 | | raises legal issues of significant impact or that | 16 | | Commission
decisions are in conflict.
| 17 | | (3) When an application for rehearing is granted, the | 18 | | original order shall
be nullified and oral argument before | 19 | | the full Commission shall be scheduled.
The Commission may | 20 | | request the parties to file any additional written | 21 | | arguments
it deems necessary.
| 22 | | (G) Modification of Order.
| 23 | | (1) At any time before a final order of
the court in a | 24 | | proceeding for judicial review under this Act, the | 25 | | Commission
or the 3-member panel that decided the matter, | 26 | | upon reasonable notice,
may modify or set aside in whole or |
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| 1 | | in part any finding or order made by
it in accordance with | 2 | | this Section.
| 3 | | (2) Any modification shall be accomplished by the | 4 | | filing and service of
a supplemental order and decision by | 5 | | the Commission in the same manner as
provided in this | 6 | | Section.
| 7 | | (H) Extensions of time. All motions for extensions of time | 8 | | with
respect to matters being considered by the Commission | 9 | | shall be decided by
the full Commission or a 3-member panel. If | 10 | | a motion for extension of
time cannot be ruled upon before the | 11 | | filing deadline sought to be
extended, the Chairperson of the | 12 | | Commission shall be authorized to extend
the filing deadline to | 13 | | the date of the next Commission meeting at which the
motion can | 14 | | be considered.
| 15 | | (Source: P.A. 100-1066, eff. 8-24-18.)
| 16 | | (775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
| 17 | | Sec. 8B-103. Review by Commission.
| 18 | | (A) Exceptions. Within 30 days of the receipt of service of | 19 | | the hearing
officer's recommended order, a party may file with | 20 | | the Commission any
written exceptions to any part of the order. | 21 | | Exceptions shall be supported
by argument and served on all | 22 | | parties at the time they are filed. If no
exceptions are filed, | 23 | | the recommended order shall become the order of the
Commission | 24 | | without further review. The Commission shall issue a notice | 25 | | that no exceptions have been filed no later than 30 days after |
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| 1 | | the exceptions were due.
| 2 | | (B) Response. Within 21 days of the receipt of service of | 3 | | exceptions,
a party may file with the Commission any response | 4 | | to the exceptions.
Responses shall be supported by argument and | 5 | | served on all parties at the
time they are filed.
| 6 | | (C) Oral Argument. A party may request oral argument at the | 7 | | time of filing
exceptions or a response to exceptions. When any | 8 | | party requests oral argument
in this manner, the Commission may | 9 | | schedule oral argument to be
heard
by a panel of 3 Commission | 10 | | members. If the panel grants oral
argument, it shall notify all | 11 | | parties of
the time and place of argument. Any party so | 12 | | notified may present
oral argument.
| 13 | | (D) Remand.
| 14 | | (1) The Commission, on its own motion or at the written | 15 | | request of any
party made at the time of filing exceptions | 16 | | or responses, may remand a case
to a hearing officer for | 17 | | purposes of a rehearing to reconsider evidence or
hear | 18 | | additional evidence in the matter. The Commission shall | 19 | | issue and
serve on all parties a written order remanding | 20 | | the cause and specifying the
additional evidence.
| 21 | | (2) The hearing officer presiding at a rehearing shall | 22 | | set a hearing date,
in accordance with Section 8B-102(C), | 23 | | upon due notice to all parties.
| 24 | | (3) After conclusion of the rehearing, the hearing | 25 | | officer shall file
written findings and recommendations | 26 | | with the Commission and serve copies
at the same time on |
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| 1 | | all parties in the same manner as provided in Section
| 2 | | 8B-102(J). The findings and recommendations shall be | 3 | | subject to review by
the Commission as provided in this | 4 | | Section.
| 5 | | (E) Review.
| 6 | | (1) Following the filing of the findings and | 7 | | recommended
order of the hearing officer and any written | 8 | | exceptions and responses, and
any other proceedings | 9 | | provided for in this Section, the Commission, through
a | 10 | | panel of 3 members, may review the record and may adopt,
| 11 | | modify,
or reverse in whole or in part the findings and | 12 | | recommendations of the
hearing officer.
| 13 | | (2) When reviewing a recommended order, the Commission | 14 | | shall adopt the
hearing officer's findings of fact
if they | 15 | | are not contrary to the manifest weight of the evidence.
| 16 | | (3) If the Commission accepts a case for review, it
| 17 | | shall file its written order and decision in its
office and | 18 | | serve copies on all parties together with a notification of | 19 | | the
date when it was filed. If the Commission declines to | 20 | | review a recommended
order or if no exceptions have been | 21 | | filed, it shall issue a short statement
notifying the | 22 | | parties that the recommended order has become the order of | 23 | | the
Commission. The statement shall be served on the | 24 | | parties by first class
mail.
| 25 | | (3.1) A recommended order authored by a non-presiding
| 26 | | hearing officer under
subparagraph 8B-102(J)(4) shall be |
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| 1 | | reviewed in the same
manner as a recommended order authored | 2 | | by a presiding
hearing officer.
| 3 | | (4) The Commission shall issue a final decision within | 4 | | one
year of the date a charge is filed with the Department | 5 | | unless it is
impracticable to do so. If the Commission is | 6 | | unable to issue a final decision within one year of the | 7 | | date the charge is filed with the
Department, it shall | 8 | | notify all parties in writing of the reasons for
not doing | 9 | | so.
| 10 | | (F) Rehearing.
| 11 | | (1) Within 30 days after service of the Commission's | 12 | | order or statement
declining review, a party may file an | 13 | | application for rehearing before the
full Commission.
The | 14 | | application shall be served on all other parties. The | 15 | | Commission shall
have discretion to order a response to the | 16 | | application. The filing of an
application for rehearing is | 17 | | optional. The failure to file an application
for rehearing | 18 | | shall not be considered a failure to exhaust administrative
| 19 | | remedies. This amendatory Act of 1991 applies to pending | 20 | | proceedings as
well as those filed on or after its | 21 | | effective date.
| 22 | | (2) Applications for rehearing shall be viewed with | 23 | | disfavor, and may
be granted, by vote of 3 6 Commission | 24 | | members, only upon a clear demonstration
that a matter | 25 | | raises legal issues of significant impact or that
| 26 | | Commission decisions are in conflict.
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| 1 | | (3) When an application for rehearing is granted, the | 2 | | original order
shall be nullified and oral argument before | 3 | | the full Commission shall be
scheduled. The Commission may | 4 | | request the parties to file any additional
written | 5 | | arguments it deems necessary.
| 6 | | (G) Modification of Order.
| 7 | | (1) At any time before a final order of the court in a | 8 | | proceeding for
judicial review under this Act, the | 9 | | Commission or the 3-member panel that
decided the matter, | 10 | | upon reasonable notice, may modify or set aside in
whole or | 11 | | in part any finding or order made by it in accordance with | 12 | | this
Section.
| 13 | | (2) Any modification shall be accomplished by the | 14 | | filing and service of
a supplemental order and decision by | 15 | | the Commission in the same manner as
provided in this | 16 | | Section.
| 17 | | (H) Extensions of time. All motions for extensions of time | 18 | | with
respect to matters being considered by the Commission | 19 | | shall be decided by
the full Commission or a 3-member panel. If | 20 | | a motion for extension of
time cannot be ruled upon before the | 21 | | filing deadline sought to be
extended, the Chairperson of the | 22 | | Commission shall be authorized to extend
the filing deadline to | 23 | | the date of the next Commission meeting at which the
motion can | 24 | | be considered.
| 25 | | (Source: P.A. 100-1066, eff. 8-24-18.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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