State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_SB1175enr

 
SB1175 Enrolled                                LRB9207908DJmg

 1        AN ACT in relation to human rights.

 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-102 and 8B-102 as follows:

 6        (775 ILCS 5/8A-102) (from Ch. 68, par. 8A-102)
 7        Sec. 8A-102.  Hearing on Complaint.
 8        (A)  Services.   Within  five  days  after a complaint is
 9    filed by the Department, or the aggrieved party, as the  case
10    may  be,  the  Commission  shall cause it to be served on the
11    respondent together with a notice of hearing before a hearing
12    officer of the Commission at a place therein fixed.
13        (B)  Time and Location of Hearing.   An  initial  hearing
14    date  shall  be  scheduled  for not less than thirty nor more
15    than ninety days after service of the complaint  at  a  place
16    that  is  within  one hundred miles of the place at which the
17    civil rights violation is  alleged  to  have  occurred.   The
18    hearing officer may, for good cause shown, extend the date of
19    the hearing.
20        (C)  Amendment.
21             (1)  A  complaint may be amended under oath by leave
22        of the presiding hearing officer, for good  cause  shown,
23        upon  timely  written motion and reasonable notice to all
24        interested parties at any time prior to the issuance of a
25        recommended  order  pursuant  to  Section  8A-102(I)   or
26        8B-102(J).   The  amended  complaint shall be served upon
27        all parties of record and the Department of Human  Rights
28        by  the  complainant, or by the Department if it prepared
29        and filed the amended complaint, within  7  days  of  the
30        date   of   the  order  permitting  its  filing  or  such
31        additional  time  as  the  hearing  officer  may   order.
 
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 1        Amendments  to  the  complaint may encompass any unlawful
 2        discrimination which is like or reasonably related to the
 3        charge and growing out of the allegations in such charge,
 4        including,   but   not   limited   to,   allegations   of
 5        retaliation.
 6             (2)  A motion  that  the  complaint  be  amended  to
 7        conform  to  the evidence, made prior to the close of the
 8        public hearing, may be addressed orally on the record  to
 9        the  hearing  officer,  and shall be granted for good and
10        sufficient cause.
11        (D)  Answer.
12             (1)  The respondent shall file an answer under  oath
13        or  affirmation  to  the  original  or  amended complaint
14        within 30 days of the date of service  thereof,  but  the
15        hearing  officer may, for good cause shown, grant further
16        time for the filing of an answer.
17             (2)  When the respondent files a motion  to  dismiss
18        the  complaint within 30 days and the motion is denied by
19        the hearing officer, the time for filing the answer shall
20        be within 15 days of the date of denial of the motion.
21             (3)  Any allegation in the complaint  which  is  not
22        denied  or  admitted  in  the  answer  is deemed admitted
23        unless the respondent states in the  answer  that  he  is
24        without  sufficient  knowledge  or  information to form a
25        belief with respect to such allegation.
26             (4)  The failure to file  an  answer  is  deemed  to
27        constitute  an  admission of the allegations contained in
28        the complaint.
29             (5)  The respondent  has  the  right  to  amend  his
30        answer, upon leave of the hearing officer, for good cause
31        shown.
32        (E)  Proceedings In Forma Pauperis.
33             (1)  If  the  hearing  officer is satisfied that the
34        complainant or respondent is a poor person, and unable to
 
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 1        prosecute or defend the complaint and pay the  costs  and
 2        expenses  thereof,  the  hearing  officer  may permit the
 3        party to commence and prosecute or defend the action as a
 4        poor person.  Such party shall  have  all  the  necessary
 5        subpoenas,    appearances,    and   proceedings   without
 6        prepayment of witness fees or charges.   Witnesses  shall
 7        attend  as  in  other  cases  under this Act and the same
 8        remedies shall be available for  failure  or  refusal  to
 9        obey the subpoena as are provided for in Section 8-104 of
10        this Act.
11             (2)  A person desiring to proceed without payment of
12        fees  or  charges  shall file with the hearing officer an
13        affidavit stating that he is a poor person and unable  to
14        pay costs, and that the action is meritorious.
15        (F)  Discovery.  The procedure for obtaining discovery of
16    information  from parties and witnesses shall be specified by
17    the Commission in rules.  If no rule has been promulgated  by
18    the Commission on a particular type of discovery, the Code of
19    Civil  Procedure may be considered persuasive authority.  The
20    types of discovery shall be the same as in civil cases in the
21    circuit courts of this State, provided, however, that a party
22    may take discovery depositions only upon leave of the hearing
23    officer and for good cause shown.
24        (G)  Hearing.
25             (1)  Both the complainant  and  the  respondent  may
26        appear  at  the  hearing  and  examine  and cross-examine
27        witnesses.
28             (2)  The testimony taken at  the  hearing  shall  be
29        under  oath or affirmation and a transcript shall be made
30        and filed in the office of the Commission.
31             (3)  The testimony taken at the hearing  is  subject
32        to  the  same  rules  of evidence that apply in courts of
33        this State in civil cases.
34        (H)  Compelling Appearance of Parties  at  Hearing.   The
 
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 1    appearance  at  the hearing of a party or a person who at the
 2    time of the hearing is an officer, director, or employee of a
 3    party may be required by serving  the  party  with  a  notice
 4    designating the person who is required to appear.  The notice
 5    also  may  require the production at the hearing of documents
 6    or tangible things.  If the party or person is a  nonresident
 7    of  the  county,  the hearing officer may order any terms and
 8    conditions in connection with his appearance at  the  hearing
 9    that  are just, including payment of his reasonable expenses.
10    Upon a failure to comply with the notice, the hearing officer
11    may enter any order that is just.
12        (I)  Decision.
13             (1)  When all the  testimony  has  been  taken,  the
14        hearing  officer  shall  determine whether the respondent
15        has engaged  in  or  is  engaging  in  the  civil  rights
16        violation with respect to the person aggrieved as charged
17        in the complaint.  A determination sustaining a complaint
18        shall be based upon a preponderance of the evidence.
19             (2)  The hearing officer shall make findings of fact
20        in writing and, if the finding is against the respondent,
21        shall issue and cause to be served on the parties and the
22        Department  a recommended order for appropriate relief as
23        provided by this Act.
24             (3)  If, upon all the evidence, the hearing  officer
25        finds   that   a   respondent  has  not  engaged  in  the
26        discriminatory practice charged in the complaint or  that
27        a  preponderance  of  the  evidence  does not sustain the
28        complaint, he shall state his findings of fact and  shall
29        issue  and  cause  to  be  served  on the parties and the
30        Department a recommended order dismissing the complaint.
31             (4)  The  findings  and  recommended  order  of  the
32        hearing officer shall be filed with the Commission.   The
33        findings  and  recommended order may need not be authored
34        by a hearing officer other than the hearing  officer  who
 
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 1        presides at the public hearing if:
 2                  (a)  the  hearing  officer  who presides at the
 3             public hearing is unable to author the findings  and
 4             recommended order by reason of death, disability, or
 5             separation from employment; and
 6                  (b) (a)  all  parties  to  a  complaint  file a
 7             joint motion agreeing agree to have the findings and
 8             recommended order  decision  written  by  a  hearing
 9             officer who did not preside at the public hearing.;
10                  (b)  the  presiding  hearing  officer transmits
11             his or her impression of witness credibility to  the
12             hearing   officer   who  authors  the  findings  and
13             recommended order; and
14                  (c)  there  are   no   questions   of   witness
15             credibility  presented by the record as found by the
16             presiding officer.
17             (5)  A recommended order dismissing a complaint  may
18        include an award of reasonable attorneys fees in favor of
19        the   respondent   against   the   complainant   or   the
20        complainant's  attorney,  or both, if the hearing officer
21        concludes that the complaint was frivolous,  unreasonable
22        or  groundless  or  that  the  complainant  continued  to
23        litigate after it became clearly so.
24             (6)  The  hearing  officer  may  issue a recommended
25        order of dismissal with prejudice or a recommended  order
26        of  default  as  a sanction for the failure of a party to
27        prosecute his or her  case,  file  a  required  pleading,
28        appear  at  a hearing, or otherwise comply with this Act,
29        the rules of the Commission, or a previous order  of  the
30        hearing officer.
31    (Source: P.A. 89-370, eff. 8-18-95.)

32        (775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
33        Sec. 8B-102.  Hearing on complaint.
 
SB1175 Enrolled            -6-                 LRB9207908DJmg
 1        (A)  Election   of   Judicial   Determination.    When  a
 2    complaint is filed under Section 7B-102(F) a  complainant,  a
 3    respondent,  or  an  aggrieved  party  on  whose  behalf  the
 4    complaint was filed, may elect to have the claims asserted in
 5    that  complaint  decided in a civil action in a circuit court
 6    of Illinois,  in  which  case  the  Illinois  Code  of  Civil
 7    Procedure  shall  apply.  The election must be made not later
 8    than 20 days after the receipt  by  the  electing  person  of
 9    service  of  the  complaint  by  the  Commission.  The person
10    making such election shall file it with  the  Commission  and
11    shall  give  notice  of doing so to the Department and to all
12    other  complainants  and  respondents  to  whom  the   charge
13    relates.  If an election is made, the Commission shall act no
14    further on the complaint and shall administratively close the
15    file  on  the  complaint.   If  an  election is not made, the
16    Commission shall continue proceedings  on  the  complaint  in
17    accordance  with  this  Act and the hearing shall be before a
18    hearing officer.
19        (B)  Services.  Within 5 days after a complaint is  filed
20    by the Department, the Commission shall cause it to be served
21    on  the  respondent and complainant together with a notice of
22    hearing before a hearing officer of the Commission at a place
23    therein fixed and with information  as  to  how  to  make  an
24    election  under  subsection  (A)  and  the  effect of such an
25    election.
26        (C)  Time and Location of Hearing.   An  initial  hearing
27    date shall be scheduled for not less than 30 nor more than 90
28    days after service of the complaint at a place that is within
29    100 miles of the place at which the civil rights violation is
30    alleged  to have occurred.  The hearing officer may, for good
31    cause shown, extend the date of the hearing.
32        (D)  Amendment.
33             (1)  A complaint may be amended under oath by  leave
34        of  the  presiding hearing officer, for good cause shown,
 
SB1175 Enrolled            -7-                 LRB9207908DJmg
 1        upon timely written motion and reasonable notice  to  all
 2        interested parties at any time prior to the issuance of a
 3        recommended   order  pursuant  to  Section  8A-102(I)  or
 4        8B-102(J).  The amended complaint shall  be  served  upon
 5        all  parties of record by the Department within 7 days of
 6        the date of the  order  permitting  its  filing  or  such
 7        additional   time  as  the  hearing  officer  may  order.
 8        Amendments to the complaint may  encompass  any  unlawful
 9        discrimination which is like or reasonably related to the
10        charge and growing out of the allegations in such charge,
11        including,   but   not   limited   to,   allegations   of
12        retaliation.
13             (2)  A  motion  that  the  complaint  be  amended to
14        conform to the evidence, made prior to the close  of  the
15        public  hearing, may be addressed orally on the record to
16        the hearing officer, and shall be granted  for  good  and
17        sufficient cause.
18        (E)  Answer.
19             (1)  The  respondent shall file an answer under oath
20        or affirmation  to  the  original  or  amended  complaint
21        within  30  days  of the date of service thereof, but the
22        hearing officer may, for good cause shown, grant  further
23        time for the filing of an answer.
24             (2)  When  the  respondent files a motion to dismiss
25        the complaint within 30 days and the motion is denied  by
26        the hearing officer, the time for filing the answer shall
27        be within 15 days of the date of denial of the motion.
28             (3)  Any  allegation  in  the complaint which is not
29        denied or admitted  in  the  answer  is  deemed  admitted
30        unless  the  respondent  states  in the answer that he is
31        without sufficient knowledge or  information  to  form  a
32        belief with respect to such allegation.
33             (4)  The  failure  to  file  an  answer is deemed to
34        constitute an admission of the allegations  contained  in
 
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 1        the complaint.
 2             (5)  The  respondent  has  the  right  to  amend his
 3        answer, upon leave of the hearing officer, for good cause
 4        shown.
 5        (F)  Proceedings In Forma Pauperis.
 6             (1)  If the hearing officer is  satisfied  that  the
 7        complainant or respondent is a poor person, and unable to
 8        prosecute  or  defend the complaint and pay the costs and
 9        expenses thereof, the  hearing  officer  may  permit  the
10        party to commence and prosecute or defend the action as a
11        poor  person.   Such  party  shall have all the necessary
12        subpoenas,   appearances,   and    proceedings    without
13        prepayment  of  witness fees or charges.  Witnesses shall
14        attend as in other cases under  this  Act  and  the  same
15        remedies  shall  be  available  for failure or refusal to
16        obey the subpoena as are provided for in Section 8-104 of
17        this Act.
18             (2)  A person desiring to proceed without payment of
19        fees or charges shall file with the  hearing  officer  an
20        affidavit  stating that he is a poor person and unable to
21        pay costs, and that the action is meritorious.
22        (G)  Discovery.  The procedures for  obtaining  discovery
23    of  information from parties and witnesses shall be specified
24    by the Commission in rules.  If no rule has been  promulgated
25    by the Commission on a particular type of discovery, the Code
26    of  Civil  Procedure  may be considered persuasive authority.
27    The types of discovery shall be the same as in civil cases in
28    the circuit courts of this State, provided, however,  that  a
29    party  may  take discovery depositions only upon leave of the
30    hearing officer and for good cause shown.
31        (H)  Hearing.
32             (1)  The Department  and  the  respondent  shall  be
33        parties  in  hearings under this Article.  The Department
34        shall seek appropriate relief  for  the  complainant  and
 
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 1        vindication  of the public interest.  Any complainant may
 2        intervene as a party.  All  parties  have  the  right  to
 3        examine and cross examine witnesses.
 4             (2)  The  testimony  taken  at  the hearing shall be
 5        under oath or affirmation and a transcript shall be  made
 6        and filed in the office of the Commission.
 7             (3)  The  testimony  taken at the hearing is subject
 8        to the same rules of evidence that  apply  in  courts  of
 9        this State in civil cases.
10        (I)  Compelling  Appearance  of  Parties at Hearing.  The
11    appearance at the hearing of a party or a person who  at  the
12    time of the hearing is an officer, director, or employee of a
13    party  may  be  required  by  serving the party with a notice
14    designating the person who is required to appear.  The notice
15    also may require the production at the hearing  of  documents
16    or  tangible things.  If the party or person is a nonresident
17    of the county, the hearing officer may order  any  terms  and
18    conditions  in  connection with his appearance at the hearing
19    that are just, including payment of his reasonable  expenses.
20    Upon a failure to comply with the notice, the hearing officer
21    may enter any order that is just.
22        (J)  Decision.
23             (1)  When  all  the  testimony  has  been taken, the
24        hearing officer shall determine  whether  the  respondent
25        has  engaged  in  or  is  engaging  in  the  civil rights
26        violation with respect to the aggrieved party as  charged
27        in the complaint.  A determination sustaining a complaint
28        shall be based upon a preponderance of the evidence.
29             (2)  The hearing officer shall make findings of fact
30        in writing and, if the finding is against the respondent,
31        shall issue and cause to be served on the parties and the
32        Department  a recommended order for appropriate relief as
33        provided by this Act.
34             (3)  If, upon all the evidence, the hearing  officer
 
SB1175 Enrolled            -10-                LRB9207908DJmg
 1        finds  that  a  respondent  has  not engaged in the civil
 2        rights violation charged  in  the  complaint  or  that  a
 3        preponderance  of  the  evidence  does  not  sustain  the
 4        complaint,  he shall state his findings of fact and shall
 5        issue and cause to be  served  on  the  parties  and  the
 6        Department a recommended order dismissing the complaint.
 7             (4)  The  findings  and  recommended  order  of  the
 8        hearing  officer shall be filed with the Commission.  The
 9        findings and recommended order may need not  be  authored
10        by  a  hearing officer other than the hearing officer who
11        presides at the public hearing if:
12                  (a)  the hearing officer who  presides  at  the
13             public  hearing is unable to author the findings and
14             recommended order by reason of death, disability, or
15             separation from employment; and
16                  (b) (a)  all parties  to  a  complaint  file  a
17             joint motion agreeing agree to have the findings and
18             recommended  order  decision  written  by  a hearing
19             officer who did not preside at the public hearing.;
20                  (b)  the presiding  hearing  officer  transmits
21             his  or her impression of witness credibility to the
22             hearing  officer  who  authors  the   findings   and
23             recommended order; and
24                  (c)   there   are   no   questions  of  witness
25             credibility presented by the record as found by  the
26             presiding officer.
27             (5)  The  hearing  officer  may  issue a recommended
28        order of dismissal with prejudice or a recommended  order
29        of  default  as  a sanction for the failure of a party to
30        prosecute his or her  case,  file  a  required  pleading,
31        appear  at  a hearing, or otherwise comply with this Act,
32        the rules of the Commission, or a previous order  of  the
33        hearing officer.
34        (K)  Effect  of  Trial  of Civil Action on Administrative
 
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 1    Proceedings.  A hearing officer shall not  proceed  with  any
 2    administrative  proceedings  under  this  Section  after  the
 3    filing  of  a  civil  action by or on behalf of the aggrieved
 4    party under federal or State law seeking relief with  respect
 5    to the alleged civil rights violation.
 6    (Source: P.A. 89-370, eff. 8-18-95.)

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