Illinois Compiled Statutes
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10 ILCS 5/9-21
(10 ILCS 5/9-21)
(from Ch. 46, par. 9-21)
Upon receipt of a complaint as provided in Section 9-20, the Board shall hold a closed
preliminary hearing to determine whether or not the complaint appears to
have been filed on justifiable grounds. Such closed preliminary hearing
shall be conducted as soon as practicable after affording reasonable
notice, a copy of the complaint, and an opportunity to testify at such
hearing to both the person making the complaint and the person against whom
the complaint is directed. If the Board fails to determine
that the complaint has been filed on justifiable grounds, it shall dismiss the
complaint without further hearing. Any additional hearings shall be open to the public.
Whenever the Board, in an open meeting, determines, after affording due notice and an
opportunity for a public hearing, that any person has engaged or is about to
engage in an act or practice which constitutes or will constitute a
violation of any provision of this Article or any regulation or order
issued thereunder, the Board shall issue an order directing such person to
take such action as the Board determines may be necessary in the public
interest to correct the violation.
In addition, if the act or practice
engaged in consists of the failure to file any required report within the
time prescribed by this Article, the Board, as part of its order, shall
further provide that if, within the 12-month period following the issuance
of the order, such person fails to file within the time prescribed by this
Article any subsequent report as may be required, such person may be subject
to a civil penalty pursuant to Section 9-23. The Board shall render its final
judgment within 60 days of the date the complaint is filed; except that
during the 60 days preceding the date of the election in reference to which
the complaint is filed, the Board shall render its final judgment within 7
days of the date the complaint is filed, and during the 7 days preceding
such election, the Board shall render such judgment before the date of such
election, if possible.
At any time prior to the issuance of the Board's final judgment, the
parties may dispose of the complaint by a written stipulation, agreed
or consent order. Any such stipulation, settlement or order shall, however,
be submitted in writing to the Board and shall become effective only if
approved by the Board in an open meeting. If the act or practice complained of consists of
the failure to file any required report within the time prescribed by this
Article, such stipulation, settlement or order may provide that if, within
the 12-month period following the approval of such stipulation,
agreement or order, the person complained of fails to file within the time
prescribed by this Article any subsequent reports as may be required, such
person may be subject to a civil penalty pursuant to Section 9-23.
Any person filing a complaint pursuant to Section 9-20 may, upon written
notice to the other parties and to the Board, voluntarily withdraw the
at any time prior to the issuance of the Board's final determination.
(Source: P.A. 96-832, eff. 1-1-11