Section 100.5  Definitions

 

            Allocation:  Proper assignment of any position to a class.

 

            Certified Employee:  An employee who has successfully completed an appointment and a required probationary period (80 Ill. Adm. Code 500.10).

 

            Chair:  Chair of the Merit Commission, appointed by the Comptroller for a 2-year term.

 

            Classification Plan:  A position classification plan for all positions subject to the Comptroller Merit Employment Code, based upon similarity of duties performed, responsibilities assigned, and conditions of employment.

 

            Code:  The Comptroller Merit Employment Code [15 ILCS 410].

 

            Commission:  The Merit Commission, created by the Comptroller Merit Employment Code, composed of 3 members appointed by the Comptroller, by and with the advice and consent of the Senate.  No more than 2 members may be affiliated with the same political party.  [15 ILCS 400/8]

 

            Department:  An organizational entity directly subordinate to the Comptroller or Deputy Comptroller.

 

            Director:  Director of the Comptroller's Department of Personnel.

 

            Geographic Transfer:  Transfer from one geographical location in the State to another.

 

            Hearings Officer:  A qualified person designated by the Merit Commission to preside over hearings.

 

            Incumbent:  The person currently holding a position.

 

            Jurisdiction B:  That portion of the Comptroller Merit Employment Code that requires that certain employees must be employed on the basis of merit and fitness.

 

            Office of the Commission:  325 West Adams Street, Springfield, Illinois  62704.

 

            Prima facie case:  A case which has produced evidence sufficient to support a finding in favor of the person producing the evidence, unless evidence to the contrary is produced.

 

(Source:  Added at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.10  Meetings of the Commission

 

a)         The Merit Commission (Commission) shall meet monthly in accordance with a written schedule established by the Chair beginning each calendar year and posted at the Office of the Commission. At the discretion of the Chair, any monthly meeting may be canceled upon written notice to each Member, State Comptroller and the Director.  Grounds for cancellation include, but are not limited to, lack of availability of a sufficient number of Commission Members to constitute  a quorum; weather emergencies; lack of sufficient pending business warranting the Commission's attention. Any other meetings shall be called by the Chair upon a 3-day written notice of the date, time and place to each Member, State Comptroller and the Director.

 

b)         Regular meetings will convene at Springfield or Chicago, Illinois.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.20  Classification Plan

 

a)         The Commission will review the class specifications requiring Commission approval under the Classification Plan and will approve those which meet the requirements of the State Comptroller Merit Employment Code (Code) [15 ILCS 410] and personnel rules (80 Ill. Adm. Code 500), including the Classification Plan, and which conform to currently acceptable principles of position classification in the merit system.

 

b)         In the event that it can be reasonably anticipated that employee layoffs will result by virtue of class specification revisions, the Director will supply to the Commission, prior to review, full detailed information respecting such prospective layoffs.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.30  Personnel Rules

 

The Director may recommend changes to the personnel rules of the Office of the Comptroller, but any rulemaking affecting those rules shall be submitted to the Commission for approval before being proposed by filing with the Secretary of State.  Unless the Commission disapproves the recommended changes within 30 days following receipt of the rulemaking proposal from the Director, the Director may file the changes with the Secretary of State as a proposed rulemaking.  If the proposed rulemaking is modified in any way other than modifications limited to spelling, typing, punctuation or grammar, pursuant to comment from the public or the Joint Committee on Administrative Rules, as authorized by the Illinois Administrative Procedure Act (IAPA), the modified rulemaking shall be again submitted to the Commission, along with a report from the Director on options the Commission can take with respect to those modifications. Unless the Commission disapproves the modified version of the rulemaking within 30 days following its receipt from the Director, the rulemaking may be adopted by filing with the Secretary of State in accordance with the IAPA.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.40  Jurisdiction B Exemptions

 

a)         The Commission, upon written recommendation of the Director, may exempt from Jurisdiction B positions which, in the judgment of the Commission, involve either principal administrative responsibility for determination of policy, principal administrative responsibility for the way in which policies are carried out, or are highly confidential.

 

b)         The Commission may review such exempt positions and, if the conditions of subsection (a) above no longer exist, shall rescind the exempt status.

 

c)         For all positions currently exempt by action of the Commission, the Director shall inform the Commission promptly in writing of all changes in duties, responsibilities, organization, location, allocation or identity.

 

d)         Prior to granting an exemption from Jurisdiction B, the Commission will notify the incumbent of the position, if any, of its proposed action, whereupon the incumbent and/or the incumbent's representative may appear at the Commission meeting at which the action is to be taken and present objections to the exemption.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.50  Orders of Compliance

 

a)         The Commission may, from time to time, review and investigate personnel policies, actions or activities and administrative practices to insure that they are in compliance with the Code.

 

b)         Findings by the Commission of probable discrepancies with respect to the Code or rules, when communicated in writing to the Director and the appropriate Department Head, are considered as an order to the Director either to correct the probable discrepancy or to furnish an explanation to support a conclusion that a probable discrepancy does not exist. If, within 30 days after receipt of the order, neither appropriate corrective action has been initiated nor a satisfactory explanation has been submitted by the Director, the Commission may record the violations in the Minutes of its meetings and take other action as is appropriate to correct the violations.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.55  Collective Bargaining Agreements

 

The Commission shall give full recognition and effect to provisions of collective bargaining agreements relating to wages, hours and conditions of employment reached under the provisions of the Illinois Public Labor Relations Act [5 ILCS 315].

 

(Source:  Added at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.60  Appeals, Filing Requirements and Hearings

 

a)         Filing Requirements

 

1)         A certified employee who has been served with written charges approved by the Director for removal, discharge, demotion or suspension for a period of more than 30 days within a 12-month period, or any certified employee or any employee exempt from Jurisdiction B served with an approved order for geographical transfer, may appeal to the Merit Commission, provided the appeal is made in writing and received by the Commission within 15 days after service of the approved charges, or in the case of geographical transfer, within 15 days of the date the employee is required to report to the new location.

 

2)         Any employee affected by the allocation of a position to a class may appeal to the Commission, provided that the employee has requested and received a reconsideration decision from the Director, and that the appeal to the Commission is received within 15 days after service of the Director's reconsideration decision.

 

3)         For the purpose of determining the timeliness of filing only, "receipt" is defined to mean either personal delivery or date of postmark when deposited in the U. S. mail, in a sealed envelope, with postage prepaid, and properly addressed. Holidays, Saturdays and Sundays will be excluded from computing filing dates if the last day for filing falls upon a weekend or legal holiday, in which event the last date for filing would be the first business day following the weekend or legal holiday.

 

b)         Time of Hearing

 

            Within 30 days following actual receipt of a written request for hearing, except in position allocation and geographical transfer appeals, the Commission shall grant the parties a hearing. Hearings concerning geographical transfer and allocation appeals shall be granted as soon as practicable after receipt of a request for hearing.

 

c)         Appeal Hearing File

 

            After a charge has been filed with the Commission, a hearing file shall be established which shall contain all documents pertinent to the charge.  Either party to the hearing may inspect the file during regular business hours in the Office of the Commission.

 

d)         Conduct of Hearing

 

            All disciplinary hearings shall be public. Parties may call witnesses to testify in their behalf and have the aid of counsel or other representation at their expense. Parties may cross-examine opposing witnesses and present documentary and demonstrative evidence. Hearings shall be conducted in accordance with the contested case provisions of the Illinois Administrative Procedure Act.

 

e)         Filing Procedure - Computation of Time

 

1)         Filing and Form of Papers

 

A)        The original complaint, appeal, pleading, written motion, notice or other papers, except for responses to proposed decisions which is governed by Section 100.110(b), must be filed in the Office of the Commission.

 

B)        Papers shall be signed in ink by the party filing the papers or by the party's representative and contain the address of the party, or if represented, the name, business address and telephone number of the representative.  The party filing papers shall be responsible for service of the papers on all parties to the proceedings, and notice of service shall be given to the Commission.

 

C)        Each document shall show on the first page the caption and case number assigned by the Commission and shall identify the party on whose behalf the document is filed.  The final page of each filed document shall contain the name, address and telephone number of counsel, other representative or the party if the party is self-represented.

 

2)         Computation of Time

 

            Whenever a time period commences upon a person's receipt of service or notice and service is by mail, receipt shall be deemed to have occurred on the 4th day after mailing.

 

3)         Filing by Facsimile

 

            Filings may be by facsimile if done in accordance with all other rules in this Part, provided that within 5 days after the day of filing by facsimile, the original document is filed at the Office of the Commission.

 

f)         Notice

 

            Notice to a designated representative is notice to the client. Notice to an employee who is not represented shall be served at the address specified in the employee's filing or, in the absence of such specification, to the last address shown in the employee's personnel file. A copy of the notice shall be sent to the Department Head, except in cases of allocation appeals notice shall be sent to the Director.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.70  Disciplinary Hearings

 

a)         Charges

 

1)         Written charges approved by the Director seeking an employee's discharge, demotion or suspension totaling more than 30 days in any 12-month period shall contain a specific statement of facts which allege the cause for the proposed action sought against the employee. If a breach of a statutory duty or a rule of the agency is alleged, the statute or rule shall be cited in connection with the charge.

 

2)         Charges shall be set forth in separately numbered paragraphs and contain the dates, names of persons, places and facts necessary to properly allege cause. Charges must be specific enough to apprise the employee of the nature and substance of the cause alleged for the disciplinary action.

 

b)         Motion Objecting to Charges

 

1)         If any party objects to the written charges, motions outlining the objections shall be submitted at least 10 days prior to the date of hearing.

 

2)         The motion specifically shall point out any defects and ask for appropriate relief, such as:  that the action be dismissed, or that a charge be made more definite and certain in a specified particular, or that designated immaterial matter be stricken. After ruling on the motion, the Hearings Officer may enter an appropriate order either to permit or require pleading over or amending or terminating the matter in whole or in part.

 

c)         Continuances

 

1)         The Commission, or a Hearings Officer appointed by it to conduct a hearing, may, for good cause shown on timely motion, after notice to the opposite party, extend the time for filing any pleading or papers or may continue the date of a scheduled hearing for a limited period.

 

2)         Motions for extensions or continuances are not timely unless asserted at least 48 hours prior to the time scheduled for filing or hearing except for emergencies.

 

3)         Granting a request for continuance by the employee in a discharge appeal will constitute a voluntary waiver of any claim to compensation for the period of the continuance if the employee is ordered retained or reinstated, except where the complainant files a timely request for continuance and the request for continuance is a result of failure by the respondent to respond in a timely manner prior to the hearing date.

 

d)         Request for List of Witnesses

 

            Upon timely request, either party must furnish to the other party a list of names and addresses of prospective witnesses.

 

e)         Right to Inspect and Interview

 

            Any party or the party's representative shall have the right, upon timely motion, to inspect any relevant documents in the possession of or under the control of any other party and to interview employees having knowledge of relevant facts. Interviews of employees and inspection of documents shall be at times and places reasonable for the employee and for the appointing power.

 

f)         Appearance of Witnesses and Issuance of Subpoenas

 

1)         Upon written request by a party to a contested case, the Commission will issue a subpoena for attendance of a witness or production of books, papers, documents or other tangible objects at a hearing or deposition.  Subpoena forms may be obtained by applying to the Office of the Commission.

 

2)         The cost of service and witness and mileage fees shall be borne by the person requesting the subpoena.  Witness and mileage fees shall be the same as are paid witnesses in the circuit courts of the State of Illinois.

 

3)         The person requesting a subpoena shall be responsible for its service. A subpoena shall be served reasonably in advance of its return date.  The subpoena shall state the telephone number and address of the person initiating its issuance and shall identify the person or evidence subpoenaed and the person to whom and the place, date and time at which it is returnable.

 

4)         Within 5 days after service of a subpoena on any person, the person may file a petition to quash or modify the subpoena, stating reasons in support of such relief.  A copy of the petition shall be served at the same time on the person serving the subpoena.  Whenever a petition to quash a subpoena is properly filed under this Section, the petitioner shall not be required to respond to the subpoena until the petition has been ruled upon.

 

5)         Any witness subpoenaed for a deposition may be required to attend only in the county in which he or she resides or is employed or transacts business in person or, in the case of a petitioner, in the county in which the action is pending or, for good cause shown, in any other place ordered by the Hearings Officer.

 

6)         Whenever any person shall knowingly fail or refuse to comply with a subpoena served in accordance with this Section, the party serving the subpoena or the Commission shall petition the circuit court pursuant to the Code for an order enforcing the subpoena.

 

            The Code provides that any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any investigation or hearing or who shall knowingly give false testimony shall be guilty of a misdemeanor.

 

7)         The appearance of a party or agent or employee of a party may be secured by merely serving the party with written notice designating the persons required to appear.

 

g)         Pre-Hearing Conference

 

1)         In any action, the Hearings Officer may hold a pre-hearing conference. At the conference, the parties, or their representative, shall appear as the Hearings Officer directs to consider:

 

A)        Simplification of the issues;

 

B)        Amendments to the charges;

 

C)        Possibility of obtaining admissions and stipulations of fact and of documents which will avoid unnecessary proof;

 

D)        Limitation of the number of expert witnesses;

 

E)        Pending motions; or

 

F)         Other matters which may aid in the disposition of the action.

 

2)         The Hearings Officer shall make an order which recites the action taken, any agreement made by the parties as to the matters considered and issues to be heard.

 

h)         Written Interrogatories

 

1)         Any party may direct written interrogatories to any other party, provided that the interrogatories are served 14 days prior to the scheduled hearing date or any continued hearing date. Interrogatories shall be restricted to the subject matter of the particular case.

 

2)         Within 14 days after the service of the interrogatories, an answer or objection shall be made to each interrogatory. If any answer may be obtained from a document in the possession or control of a party, it shall be sufficient to specify that document as an answer.

 

3)         Answers to interrogatories may be used in the same manner in Commission proceedings as depositions.

 

i)          Depositions

 

            Upon order of the Hearings Officer, a deposition of any witness may be taken for use in a Commission proceeding. The deposition may be taken in the manner provided by law for depositions in civil actions in the courts of this State.

 

j)          Written Admissions

 

            A party may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request, or for the admission of genuineness of any relevant documents described in the request, provided that the request is served 14 days prior to the scheduled hearing date or any continued hearing date. Copies of the documents shall be served with the request unless copies have already been furnished. Failure to answer the request within a 14-day period or any extensions granted shall be deemed as an admission of all items contained in the request.

 

k)         Opening and Closing Statements

 

            Upon the opening of the hearing, the Hearings Officer may allow the petitioner and the respondent to make opening statements. Upon the close of the hearing, each side may make a closing statement orally and/or by written brief at the discretion of the Hearings Officer, incorporating arguments of fact and law.

 

l)          Examination of Adverse Party or Agent

 

            In the hearing of any case, any party or the party's agent may be called and examined as if under cross-examination at the instance of any adverse party. The party calling for the examination may rebut the testimony thus given and may impeach the witness by proof of prior inconsistent statements.

 

m)        Hostile Witnesses

 

            If the Hearings Officer determines that a witness is hostile or unwilling, the witness may be examined by the party calling the witness as if under cross-examination. The party calling an occurrence witness may, upon showing that the witness was called in good faith but that the party is surprised by the witness' testimony, impeach the witness by proof of prior inconsistent statements.

 

n)         Failure to Comply with Orders or Rules

 

            If a party, or any person at the instance of or in collusion with a party, unreasonably refuses to comply with these rules, the Hearings Officer may enter such adverse finding, order or decision as may be necessary to insure just disposition of the matter.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.80  Geographical Transfers

 

a)         In appeals to the Commission from permanent transfers from one geographical area in the State to another, the employee shall have the burden of introducing sufficient, competent and credible evidence showing that the transfer was unreasonable, unjust, capricious or not a bona fide attempt to serve the best interest of the Office of the Comptroller.

 

b)         Under normal circumstances, a temporary transfer of an employee for a period in excess of 30 days will be considered a permanent transfer, enabling the employee to then appeal the transfer without regard to Section 100.60(a).

 

c)         Unless inconsistent with this Section, the procedures governing Section 100.70 shall apply to geographical transfer hearings.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.90  Allocation Appeals

 

a)         If an employee wants to appeal the allocation of a position to a class, the employee must, within 15 days after the day of receipt of the Director's decision on reconsideration, file the appeal at the Office of the Commission and serve a copy of the appeal upon the Director.  The appeal shall include the name of the employee, the employee's department and a description of the factual basis for the classification dispute.

 

b)         Upon the receipt of the appeal, the Director shall file with the Commission, within 20 days, a submission setting forth in full a clear and brief recitation of all relevant facts, arguments and documentary evidence submitted in exhibit form to substantiate the reconsidered decision. If the submission, as a matter of law, does not set forth facts and reasons from which it could be reasonably concluded that the employee is properly classified, summary judgment may be granted. A copy of the submission shall be served upon the employee.

 

c)         Within 20 days after the day of receipt of the Director's submission, the employee must file with the Commission an answer setting forth all relevant facts, arguments and documentary evidence in exhibit form. A copy of the answer must be served upon the Director. The employee shall point out with particularity disagreement with the submission of the Director.

 

d)         If an employee or the Director desires an informal oral conference with the opposing party, a request for the conference shall be filed not later than 5 days after the employee's answer is due pursuant to subsection (c) above.  An informal oral conference will be convened if requested by either of the parties and due notice will be given the parties of the time and date of the conference which will be conducted in the presence of either the Chair or a Hearings Officer.

 

e)         Parties may be heard either in person, by counsel or by other representatives as they may elect.

 

f)         Upon written request of either side, the Commission may issue subpoenas to compel the production of documents or persons having relevance to the issues of the dispute.

 

g)         The Commission may make its decision on the pleadings, or it may order formal hearings held on disputed issues of fact or law at the request of either party or upon its own motion.

 

h)         Upon failure to comply with these rules, the Commission may make its decision on the facts before it, if sufficient facts exist, or it may default the noncomplying party. Such action shall be a decision on the merits of the appeal. An adverse inference may be drawn against any party failing to comply with these rules.

 

i)          Unless inconsistent with this Section, the procedures governing Section 100.70 shall apply to formal allocation hearings.

 

(Source:  Amended at 20 Ill. Reg. 746, effective December 26, 1995)

 

Section 100.100   Merit Employment Code and Personnel Rule Violations

 

a)         A certified employee who believes that a personnel transaction has been falsely labeled in an attempt to deprive the Commission of jurisdiction under Section 9 of the Code and/or the procedures set forth in Sections 100.70, 100.80 and 100.90 of this Part, or who believes that a personnel transaction adversely affecting the employee violates either the Code or the personnel rules (80 Ill. Adm. Code 500), may within a period of 15 days after receiving actual notice of the violation appeal in writing to the Commission.

 

b)         The appeal must allege specific facts which if proven would establish a prima facie case that the personnel transaction named was a false transaction, or that the Code and/or a personnel rule was violated in an attempt to deprive the employee of rights under the Code or rules. Any appeal which fails to allege sufficient and specific facts to support the allegation may be summarily dismissed by the Commission.

 

c)         The Commission may make its decision on the appeal after an investigation of the allegations or it may order a hearing on any disputed issue of fact or law. In any hearing called under the provisions of this Section to resolve a dispute of fact, the employee has the burden of establishing by the introduction of competent evidence a prima facie case proving that the alleged violation took place.

 

d)         Nothing in this Section shall be construed to preclude employees from timely asserting any other rights given to them under the provisions of the Code or Personnel Rules.

 

e)         Unless inconsistent with this Section, the procedures governing Section 100.70 shall apply to this Section.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.110  Qualification and Authority of the Hearings Officer

 

a)         Qualification of Hearings Officer

 

            A Hearings Officer shall possess a license to practice law in the State of Illinois.

 

b)         Authority of Hearings Officer

 

            The Hearings Officer has the authority to conduct hearings and pre-hearing conferences, to take all necessary action to avoid delay, to maintain order, and to insure the development of a clear and complete record.  The Hearings Officer shall have all powers necessary to conduct a hearing, including the power to:

 

1)         Administer oaths and affirmations;

 

2)         Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by deposition if necessary, rule on motions and generally conduct the proceedings according to this Part, Article 10 of the IAPA and principles of administrative law as applied by the courts and this subsection;

 

3)         Examine witnesses and direct witnesses to testify;

 

4)         Limit the number of times any witness may testify, limit repetitious or cumulative testimony and set reasonable limits on the amount of time each witness may testify or be cross-examined;

 

5)         Rule upon offers of proof and receive relevant evidence;

 

6)         Direct parties to appear and confer for the settlement or simplification of issues and otherwise conduct pre-hearing conferences;

 

7)         Dispose of procedural requests or similar matters;

 

8)         Render findings of fact, opinions and recommendations for an order of the Commission;

 

9)         Reprimand or exclude from the hearing any person for indecorous or improper conduct committed in the presence of the Hearings Officer;

 

10)       Take official notice of generally recognized facts, administrative rules and regulations, and statutes;

 

11)       Prepare, in every contested case, a proposal for decision in accordance with Section 10-45 of the Illinois Administrative Procedure Act, which shall be forwarded to the parties in sufficient time to allow the filing of written exceptions and legal arguments prior to the Commission rendering a final decision;

 

12)       Rule on any substantive or procedural matters not covered within this Part, such rulings to be subject to the final review of the Commission; and

 

13)       Enter any order that further carries out the purpose of this Part.

 

c)         Disqualification of Hearings Officer

 

1)         A Hearings Officer assigned to a proceeding may, upon written request to and approval of the Merit Commission, recuse himself or herself.

 

2)         Whenever any party believes a Hearings Officer for any reason should be disqualified from conducting, or continuing to conduct, a proceeding assigned to him or her, such party may file a motion to disqualify the Hearings Officer, setting forth by affidavit the alleged grounds for disqualification.  The Hearings Officer shall have 7 days after filing of the motion within which to enter a written ruling.  A copy of the ruling shall be served upon all parties. The Commission may, on its own motion, review rulings denying or granting a motion for disqualification.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.115  Ex Parte Consultations

 

a)         Except in the disposition of matters which they are authorized by law to entertain or dispose of on an ex parte basis, neither Commission Members, employees, nor Hearings Officers shall, after the filing of a case, communicate, directly or indirectly, in connection with any issue of fact, with any person or party or in connection with any other issue with any party or the party's representative, except upon notice and opportunity for all parties to participate. However, a Commission Member may communicate with other Members of the Commission, and a Commission Member or Hearings Officer may have the aid and advice of one or more personal assistants.

 

b)         Communications regarding procedure, such as format of pleadings, number of copies required, manner of service, status of proceedings and continuances, are not considered to be ex parte communications. However, requests for continuances shall not be granted until the opposing party is notified either orally or in writing that a request is going to be made and is given an opportunity to respond.

 

(Source:  Added at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.117  Response to Proposed Decision

 

a)         In a contested case where the Members of the Commission have not heard the case or read the record, the findings and decision of the Hearings Officer appointed by the Commission to conduct the hearing or the results of the investigation shall be mailed to the parties prior to the Commission rendering a final decision.

 

b)         An original and 4 copies of the response shall be filed in the Office of the Commission.  The responses shall be accompanied by proof that a copy of the response was served upon the opposing party.

 

(Source:  Added at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.120  Record of Proceedings

 

In all hearings, other than informal allocation conferences, held before the Commission or a Hearings Officer duly appointed by the Commission to conduct hearings, the department which is a party shall arrange for a record of the proceedings to be made stenographically or by other means as to adequately insure the preservation of the proceeding. Transcription shall be made on the request of any party if not ordered by the Commission or its Hearings Officer. Any such record will be available for examination by the public at reasonable times in the Springfield Office; and, upon written request made at least 48 hours (exclusive of Saturdays, Sundays and official State holidays) in advance, the Commission will make the record available for examination at the Office of the Commission.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.130  Authority of Commission Over Hearings Officer

 

The Commission shall have the authority to affirm, remand, reverse, modify or set aside in whole or in part the orders or Proposal for Decision of the Hearings Officer. Upon the concurrence of at least 2 Members of the Commission, a decision shall become final on the date the decision is announced at a public meeting.  The Commission shall in its final order designate the parties of record to the proceedings.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.140  Administrative Review

 

When the Commission renders a final decision, any affected party is entitled to have the decision reviewed by the circuit court under the Administrative Review Law [735 ILCS 5/Art. III] by filing a complaint and causing the issuance of summons on the administrative agency and on each of the other defendants within 35 days from the date that a copy of the decision sought to be reviewed was served upon the employee.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)

 

Section 100.150  Adoption, Amendment, and Recision of Rules

 

The Commission may adopt, amend or rescind any rule consistent with the provisions of the Code, at a regular or special meeting of the Commission, provided that at least 2 of the Members are present at the meeting and provided further that written notice has been given to all Members of the Commission at least 10 days before the meeting at which the action is to be taken.

 

(Source:  Amended at 19 Ill. Reg. 206, effective January 3, 1995)