Section 150.10  Definitions

 

As used in this Part, the following terms shall have the meanings specified:

 

            "Act" – "AN ACT in relation to the Department of State Police" (Ill. Rev. Stat. 1987, ch. 121, pars. 307.3 through 307.14) and all amendments thereto;

 

            "Appointment" – The Director's authority to assign certified applicants to sworn positions in the Department of State Police or to assign applicants to the Academy;

 

            "Background Investigations" – A review of character, integrity, education, job experience, credit, traffic/criminal records, medical history and other factors bearing on applicants' fitness to fulfill a Department of State Police Officer position;

 

            "Board" – The Department of State Police Merit Board;

 

            "Board Docket" – A chronological record of all motions, orders, notices, petitions and other documents filed in each disciplinary procedure before the Board;

 

            "Bona Fide Applicant" – A person who personally completes and files with the Department of State Police Merit Board a formal written application for a Department of State Police Officer position for which the Department of State Police Merit Board is accepting applications on the date and at the place of receipt of the application;

 

            "Candidate" –A Department of State Police Officer who participates in the promotional processes conducted by the Department of State Police Merit Board in accordance with prescribed Rules, Regulations and Procedures;

 

            "Certification" – The Board's authority to designate applicants and candidates eligible for appointment or promotion;

 

            "Chairman" – Chairman of the Department of State Police Merit Board;

 

            "Classification of Ranks" – Delineation of the standards and qualifications for each designated rank;

 

            "Complaint" – A written statement of charges filed by the Director seeking suspension in excess of thirty days, demotion, or discharge;

 

            "Days" – Calendar days;

 

            "Deputy Director" – Deputy Director in charge of a Division within the Department of State Police;

 

            "Director" – Director of the Department of State Police;

 

            "Division" – A Division within the Department of State Police;

 

            "Executive Director" – Executive Director of the Board;

 

            "Felony" – An offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided;

 

            "Hearing Officer" – A person duly qualified and designated by the Board to preside over disciplinary hearings;

 

            "Medical Examiner" – A licensed physician appointed by the Board who performs medical examinations and serves as an advisor;

 

            "Notice of Disciplinary Action" – A written statement by the Director or Deputy Director imposing disciplinary measures of thirty days or less suspension, restitution, written reprimand, or loss of regular days off;

 

            "Order" – A written decision of the Board;

 

            "Petition for Review of Suspension" – A written statement by a suspended sworn officer seeking a review by the Board of a suspension of thirty days or less;

 

            "Promotion" – The Director's authority to advance certified sworn officers to the next higher rank;

 

            "Reporter" – A certified court reporter selected by the Board to transcribe hearings;

 

            "Deputy Director – Deputy Director in charge of a Division within the Department of State Police;

 

            "Suspension" – Temporary removal of a sworn officer from duty without pay;

 

            "Sworn Officer" – Any State Police Officer or Special Agent of the Department of State Police.

 

(Source:  Amended at 13 Ill. Reg. 5201, effective April 3, 1989)

 

Section 150.210  Qualifications

 

a)         The Board shall certify to the Director in writing qualified applicants for appointment as sworn officers to the Department.  Qualified applicants shall:

 

1)         Be at least 21 years of age.  Persons 20 years of age may be certified if they have successfully completed an associate's degree or 60 credit hours at an accredited college or university.

 

2)         Have completed an associate's degree or 60 credit hours, with an average grade of C or better, from an accredited college or university, as certified by the registrar of the college or university.  The college or university must be accredited by one of the following associations:

 

A)        Middle States Commission on Higher Education;

 

B)        Higher Learning Commission;

 

C)        New England Commission of Higher Education;

 

D)        Northwest Commission on Colleges and Universities;

 

E)        Southern Association of Colleges and Schools Commission on Colleges;

 

F)         WASC Senior College and University Commission; and

 

G)        Accrediting Commission for Community and Junior Colleges.

 

3)         Be a citizen of the United States with no felony convictions.

 

4)         Accept assignment anywhere in the State.

 

5)         Possess a valid driver's license.

 

6)         Successfully complete mental and physical tests and a background investigation as prescribed by the Board. (See Appendix A and B.)

 

b)         The Board may certify more applicants than there are vacant positions at the time of certification.  Certified applicants shall be eligible for appointment for a period of time designated by the Board.

 

(Source:  Amended at 44 Ill. Reg. 2576, effective January 24, 2020)

 

Section 150.220  Selection Procedures

 

a)         Procedures shall consist of:

 

1)         Application

 

2)         Physical Ability Test

 

3)         Suitability Screening

 

4)         Background Investigation and Review

 

5)         Oral Interviews

 

b)         Preference shall be given to all persons who have honorably served in the Military or Naval Services of the United States.

 

(Source:  Amended at 26 Ill. Reg. 9968, effective June 19, 2002)

 

Section 150.230  Recertification

 

The Board shall consider for recertification sworn officers who have resigned in good standing and whose written request is received in the Merit Board office within one calendar year after their date of separation.  If these criteria have been met, the officer must complete the application process; pass a fitness test; and have a background investigation initiated.  The Board shall render its decisions and make recertifications on an individual basis.  The Director may re-appoint after recertification.

 

(Source:  Amended at 36 Ill. Reg. 4419, effective March 12, 2012)

 

Section 150.240  Probationary Period

 

a)         All appointees to the Department of State Police by the Director shall serve a probationary period of twelve consecutive months from the date of appointment, and during such period may be discharged at the will of the Director.

 

b)         Any appointee who has a break in continuous service due to a leave of absence will have their probationary period determined by the Director following a review of the circumstances of the appointees break in service and their training period.  The standard the Director shall apply in making this determination is whether the appointee's leave of absence prevents him or her from successfully completing the training program or prevents him or her from having a field training evaluation.  The extension shall be no longer than the leave of absence.

 

(Source:  Amended at 10 Ill. Reg. 17752, effective October 1, 1986)

 

Section 150.250  Application Fee Waiver Program

 

a)         All applicants may request a waiver of any application and/or testing fee by submitting the appropriate form as prescribed by the Board.  The form shall be available on the Board website (Illinoistrooper.com).

 

b)         Applicants shall be eligible for a waiver of the application and/or testing fee if they meet one of the following requirements:

 

1)         The applicant's available income is 200% or less of the current poverty level; or

 

2)         The applicant is, in the discretion of the Board, unable to pay the application fee and payment of that fee would result in substantial hardship to the person or the person’s family.

 

c)         The current poverty level shall be the poverty guidelines enumerated by the U.S. Department of Health and Human Services.

 

d)         Applicants seeking a fee waiver must show proof of their current income levels or a statement explaining the substantial hardship to the person or the person’s family.

 

e)         The Board shall make a determination of eligibility and notify the requester if the request is granted or denied as follows:

 

1)         Requests based on the income level of the applicant shall receive a determination of eligibility within 30 days of receipt of the request by the Board.

 

2)         Requests based on substantial hardship to the person shall be reviewed by the Board at its next regular Board meeting after receipt of the request, except that requests received within seven business days of the next regular Board meeting shall be considered at the second subsequent regular Board meeting.  The Board shall vote to accept or deny the request for a fee waiver by a majority of the Board Members voting.  Requests approved by a majority of the Board shall be granted.  In the event of a tie vote, the request for fee waiver shall be denied.  The applicant shall be notified of the Board’s determination within 10 days following the determination of the Board.

 

(Source:  Added at 46 Ill. Reg. 15350, effective August 24, 2022)

 

Section 150.310  Ranks

 

The Merit Board classifies sworn State Police officers according to the ranks listed in this Section. Standards and Qualifications for each rank are established for description and test purposes in an occupational analysis for each rank, a copy of which is on file and available for inspection at the Merit Board office:

 

Captain

 

Lieutenant

 

Master Sergeant

 

Sergeant

 

Special Agent

 

Trooper

 

(Source:  Amended at 36 Ill. Reg. 4419, effective March 12, 2012)

 

Section 150.320  Interdivisional Transfers

 

The transfer of a sworn officer from one Division to another will not preclude the transferred officer from participating in the promotional process irrespective of whether that officer has served within the latter Division for less than a period of one (1) year.

 

(Source:  Amended at 17 Ill. Reg. 21079, effective November 22, 1993)

 

Section 150.410  Board Responsibilities

 

The Board shall make certifications for promotion on the basis of job performance measurement, seniority, education, and written and/or oral examination.  Examinations for promotion will be given every 24  months for the ranks of Sergeant,  Master Sergeant,   Lieutenant and Captain with notification of time and location to be provided in the promotional announcement.

 

(Source:  Amended at 46 Ill. Reg. 3589, effective February 17, 2022)

 

Section 150.420  Eligibility

 

Candidates will be eligible to take the promotional examination only for that rank immediately above the candidate's permanent rank.  In addition,

 

a)         They shall have served in the Department for at least one (1) year from the date of their employment;

 

b)         They shall be considered for promotion only after serving the required minimum of one (1) year in their permanent rank;

 

c)         Sworn officers on leave of absence or disability leave at the time the promotional screening process is initiated are not eligible.  The process is initiated when the deadline for responding to the examination announcement has passed.

 

(Source:  Amended at 16 Ill. Reg. 11835, effective July 13, 1992)

 

Section 150.430  Procedures

 

a)         The Board will provide each officer with official notification announcing the examination and requesting a written response respecting the officer's intention to participate.

 

b)         Candidates for promotion must complete examinations at the time designated by the Board in the official notification.  No exceptions will be allowed.

 

c)         Candidates must have taken the most recent examination offered by the Board to be eligible for certification for promotion.  All candidates taking the examination for each rank will be advised of their total promotional score and standing.

 

d)         Promotional Process Components

The total promotional score will consist of combined standardized scores or respective percentage weights of the components designated for each rank:

 

Components
Sergeant, Master Sergeant, Lieutenant and Captain:
Job Knowledge Test, Performance Appraisal and Assessment	95%
Exercise, combined
Seniority in Rank	Up to 5 points

 

e)         Candidates for the ranks of Sergeant, Master Sergeant, Lieutenant and Captain will participate in a written examination and an assessment exercise, as well as receive a performance appraisal and a seniority score.  The combined score will be standardized to a 100 point scale.  The top 65% of all Sergeants, Master Sergeants and Lieutenants participating in the total promotional process will be certified by the Board.  The top 65% of candidates is calculated by taking the total number of candidates on that list, multiplying that number by 0.65 and, in a case of a fraction, rounding up to the next whole integer.  Any officer whose rank on the list is equal to or less than that number shall be considered certified for promotion.  All candidates competing for the ranks of Lieutenant and Captain must possess a Bachelor's Degree.  Those candidates hired before 1999 will be granted 10 years to complete a Bachelor's Degree.  The 10 year period will begin on January 1, 2003 and end on December 31, 2013.  Candidates must have graduated with a "C" average or better from an accredited college or university, as certified by the registrar of the college or university.  The college or university must be accredited by one of the following associations:

 

1)         Middle States Commission on Higher Learning;

 

2)         Higher Learning Commission;

 

3)         New England Commission of Higher Education;

 

4)         Northwest Commission on Colleges and Universities;

 

5)         Southern Association of Colleges and Schools Commission on Colleges;

 

6)         WASC Senior College and University Commission.

 

f)         The Board will certify to the Director the top 65% of those Troopers and Special Agents participating in the total promotional process.  The top 65% of candidates is calculated by taking the total number of candidates on that list, multiplying that number by 0.65 and, in a case of a fraction, rounding up to the next whole integer.  Any officer whose rank on the list is equal to or less than that number shall be considered certified for promotion.

 

g)         There will be a statewide certification list for the rank of Captain.  The certification lists for Sergeant and Master Sergeant will be according to Districts and the certification lists for Lieutenant will be according to Regions, as defined jointly by the Illinois State Police and the Illinois State Police Merit Board for promotional purposes.

 

h)         The top 10 candidates on each certification list for all ranks are equally eligible for promotion by the Director; however, in the event of a tied score, all candidates obtaining such score shall be equally eligible for promotional consideration.  The Director may promote accordingly any one of the eligible candidates in accordance with Equal Employment Opportunity Commission regulations (29 CFR 1600 et seq. (July 1, 2010)) and Illinois Department of Human Rights guidelines.

 

1)         As promotions are accepted or waived, that candidate with the next highest total promotional score on the list becomes equally eligible for promotion; however, in the event of a tied score, all candidates obtaining such score shall be equally eligible for promotional consideration;

 

2)         Eligible candidates on the certification list may decline an offer of promotion without losing position on the certification list.  In the event of declination, that candidate with the next highest total promotional score becomes equally eligible for promotion; however, in the event of a tied score, all candidates obtaining such score shall be equally eligible for promotional consideration.

 

i)          Upon written notification from the Department to the Board that a candidate on the certification list has been suspended, is on leave of absence, or has applied for disability benefits, the Board will remove the candidate's name from the certification list.  The candidate's name will be restored on the list in a position in proper relation to the total promotional scores remaining when the suspension or leave of absence terminates or the disability is removed.

 

j)          The certification list shall remain in force until the new certification list has been established; however, in the event that a certification list becomes exhausted, the Director will file a written request with the Board asking for the certification of additional names on any one list if necessary to fill vacant positions.

 

(Source:  Amended at 46 Ill. Reg. 3589, effective February 17, 2022)

 

Section 150.440  Promotion Probationary Period (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 15018, effective November 2, 1983)

 

Section 150.510  Merit Board Jurisdiction

 

The Board shall exercise jurisdiction over the discipline, removal, demotion and suspension of those appointed as sworn officers.  Disciplinary measures prescribed by the Board may be taken by the Director or Deputy Director, as outlined below, and such actions shall be in response to violation of any rules and regulations of the applicable divisions as promulgated by the Department.  The Board will not consider any complaint based upon conduct which antedates by three years the date the complaint is filed, except in those instances where the conduct complained of is parallel to criminal conduct as provided by the laws of this state, the United States or any governmental subdivision thereof, in which case this shall conform with the applicable criminal statute of limitations when the applicable criminal statute of limitations is longer. On Petitions for Review, the Board will reverse the suspension based on conduct which antedates by three (3) years the date the suspension was given.

 

(Source:  Amended at 19 Ill. Reg. 6679, effective May 1, 1995)

 

Section 150.520  Discipline Afforded the Deputy Director

 

The Deputy Director may take disciplinary action against a sworn officer assigned to their respective division without presenting the matter to the Board; however, a "Notice of Disciplinary Action" shall be filed with the Board at the time such action is taken.  Such action shall include any one or all of the following:

 

a)         Suspend any sworn officer for violation of the Rules and Regulations of the applicable division for any period not to exceed thirty days.

 

b)         Require restitution for negligent damage, destruction, or loss of State property.  Such action may be taken when an investigation of the incident leading to the loss or damage demonstrates that the conduct of the officer was negligent.  Violation of the applicable division Rules and Regulations creates a rebuttable presumption of negligence.

 

c)         Issue a written reprimand or letter of admonition.

 

(Source:  Amended at 13 Ill. Reg. 5201, effective April 3, 1989)

 

Section 150.530  Notification to Suspended Officer

 

The Director or Deputy Director shall notify the suspended officer by letter or by telegram of that officer's suspension, which notification shall state the time and date the suspension is to begin and end.  This notification shall also inform the officer of the date(s), when known, of the alleged violation(s), the specific rules violated, the specific disciplinary action to be taken and the officer's right to petition for review within ten (10) days.

 

(Source:  Amended at 13 Ill. Reg. 5201, effective April 3, 1989)

 

Section 150.540  Petition for Review

 

Any sworn officer so suspended shall have 10 days after notice of suspension is received to petition the Board in writing, as set forth in Section 150.550, to review the suspension.  A copy of the Petition shall be forwarded to the Director of the Department of State Police who shall then have 10 days from the date of receipt to respond to the Board on the Petition. The Board shall, no later than 90 days after the date of the request for review, set the written petition for hearing before the Board upon not less than 10 days notice or, by unanimous decision, dismiss the Petition if it has determined that there is no substantial basis for its review of the suspension.

 

(Source:  Amended at 30 Ill. Reg. 19727, effective December 15, 2006)

 

Section 150.550  Form and Content of Petition for Review

 

The Petition for Review shall set forth the following information:

 

a)         Name, rank and address of petitioner,

 

b)         Date of appointment,

 

c)         Date and time the notice of suspension was received and the date and time it was to begin or began,

 

d)         A copy of the notice of suspension or the quoted contents of the notice of suspension,

 

e)         A statement showing the specific reasons why the petitioner feels the suspension should be reviewed by the Board.

 

Section 150.560  Filing Procedures

 

a)         The Petition for Review must be filed within ten (10) days after notice of suspension is received.  Failure to so file within such time limits will result in an automatic dismissal of the appeal.

 

b)         The Petition for Review shall be deemed as filed with the Board when accomplished in any of the following ways:

 

1)         Filed in person or by a representative of the officer at the Board Office during regular business hours, from 8:30 a.m. to 5:00 p.m., Monday through Friday, or

 

2)         Mailed to the Board Office by certified or registered mail.  The Post Office record as recorded on the envelope shall be considered as the date and time of filing such petition with the Board, or

 

3)         A telegram sent to the Board containing information required in Section 150.550 and a statement that the officer desires to appeal his/her suspension and is immediately mailing the required Petition.  In that instance, the time and date on the telegram shall be considered as the date and time of filing such Petition with the Board.

 

(Source:  Amended at 3 Ill. Reg. 47, p. 86, effective November 12, 1979)

 

Section 150.565  Procedure for Processing Petition for Review

 

Upon receipt of the Petition, the Merit Board will mail two copies of the Petition to the petitioner's respective Deputy Director advising that party of the receipt of the Petition and setting forth the date, time, and place of hearing on the Petition, which shall be not later than 90 days from the date of the request for review and upon not less than 10 days notice.  The Board will notify the petitioner and his/her attorney (if any) by certified mail, of the time and place of the hearing. Within five working days after the Board accepts the Petition for Review, the Director shall deliver to the Board a copy of the Department's investigatory file relating to the Petition for Review.  The investigatory file shall include all material in the Department's file relating to the investigation of this matter brought for review that is subject to discovery.  In the event any part of the investigatory file is not made available, the Department shall state its objection to production and the basis for that objection. The Board shall immediately make the investigatory file available to the officer and/or his or her attorney. The hearing will be conducted in accordance with Subpart F of this Part.

 

(Source:  Amended at 30 Ill. Reg. 19727, effective December 15, 2006)

 

Section 150.570  Director's Review

 

A sworn officer who received discipline other than suspension as outlined in Section 150.520 (b) and (c) of this Part may within ten (10) days submit a written appeal for review to the Director.  The Director shall sustain, reduce or reverse such action.

 

(Source:  Amended at 11 Ill. Reg. 18303, effective October 26, 1987)

 

Section 150.575  Discipline Afforded the Director

 

The Director shall have the authority to file written charges with the Board requesting that for cause, the officer be removed, demoted, or suspended for any period exceeding thirty (30) days.

 

Section 150.580  Complaint Procedures

 

In all cases where the Director initiates discipline, the Director shall file with the Board a written complaint consisting of an original and six (6) copies setting forth a plain, clear and concise statement of the facts upon which the Complaint is based.  The Complaint shall include the title and text of the rule(s) or regulation(s) and the specific disciplinary action requested by the Director.  Within five (5) working days after the filing of the Complaint, the Director shall deliver to the Board a copy of the Department's investigatory file relating to the Complaint.  Said investigatory file shall include all material in the Department's file relating to the investigation of this matter brought for review which is subject to discovery. In the event any part of the investigatory file is not made available, the Department shall state its objection to production and the basis therefor. The Board shall immediately make the investigatory file available to the officer and/or his or her attorney.  The hearing will be conducted in accordance with Subpart F of this Part.

 

(Source:  Amended at 19 Ill. Reg. 6679, effective May 1, 1995)

 

Section 150.585  Scheduling the Hearing

 

The Board shall upon receipt of the written charges, set a date for the hearing which shall be scheduled not later than thirty (30) days after receipt of the charges, and give not less than ten (10) days notice of the hearing to all parties.  The Board may order either removal, demotion, suspension for a period of not more than 180 days, or such other disciplinary punishment as may be prescribed by the Rules and Regulations of the Board.

 

Section 150.590  Notification to Officer

 

On receipt of the original and six copies of the complaint from the Director, the Board will send a written notice to the sworn officer, enclosing a copy of the complaint. This notice shall advise the officer of the filing of the complaint and notify the officer of the time and place of hearing of the charges contained in the complaint.  The notice, with the enclosed copy of the complaint, shall be sent to the employee by either registered or certified mail, return receipt requested, to the residence of the employee shown on the face of the complaint.  Such delivery to the officer's residence as shown by the return receipt shall be due service of the complaint on the sworn officer.  A copy of the notice to the sworn officer shall be mailed to the Director, and shall constitute due notice to the Director of the time and place of the hearing on the complaint.

 

Section 150.610  Board Docket

 

Upon receipt of "Notice of Disciplinary Action" or "Complaint" from the Department, the Board shall enter the matter on its docket of cases and assign the matter a number on its docket sheet.  Henceforth, the proceeding shall be known as:  "In The Matter Of _____________________":  and it shall thereafter be a part of the official records of the Board.

 

Section 150.620  Hearing Officer

 

a)         A Hearing Officer may be appointed by the Board and shall have the authority to conduct hearings, administer oaths, examine witnesses, and issue orders subject to Board review.

 

b)         A Hearing Officer must be:

 

1)         an attorney licensed to practice in the State of Illinois; and

 

2)         fully knowledgeable with respect to administrative hearing rules and procedures.

 

c)         Grounds for disqualification of a Hearing Officer include, but are not limited to, family, personal or economic conflicts.

 

(Source:  Amended at 24 Ill. Reg. 1276, effective January 5, 2000)

 

Section 150.630  Pre-hearing Conferences

 

Pursuant to all proceedings, the Board, or duly appointed Hearing Officer, may hold one or more pre-hearing conferences.  At all such conferences, the parties (or their attorneys) shall appear as directed to consider among other things:

 

a)         Motions filed in the proceeding,

 

b)         Simplification of the issues,

 

c)         Amendments to the pleadings,

 

d)         Possible stipulations or admissions regarding facts and documents of concern to the proceeding,

 

e)         Discovery procedures,

 

f)         Such other matters as may aid in the simplification and disposition of the proceeding.

 

Section 150.640  Motions

 

a)         Prior to the commencement of the hearing, any party may present written motions that are relevant and directed to matters of concern to the proceedings.  All motions shall be filed with the Board and served upon all parties, and shall contain:

 

1)         A specific statement of the matter of concern,

 

2)         A statement of the specific relief or order sought,

 

3)         A statement of the facts and authority which support the relief or order sought.

 

b)         Motions shall be acted on by the Board or a Hearing Officer duly appointed for the proceeding.  A written order expressing the Board's action thereon shall be served on all parties and shall be entered in the official record of the proceeding.

 

Section 150.650  Subpoenas

 

The Director, the sworn officer, or the counsel of record may, no later than five (5) days before the hearing, make application to the Board by filing with it a written request for subpoenas for individuals to appear for a hearing, or have them produce books, papers, records, accounts, and other documents as may be deemed by the Board to be relevant to the hearing.  Notice of the filing of the written request for subpoenas shall be served on all parties to the proceedings.  On the filing of such application, subpoenas will be issued for the named persons.  The Board will not undertake the service of subpoenas.  Application for subpoenas should contain the names and addresses of the individuals to be subpoenaed, and the identity of any documents which they are to produce.  Any motion for continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least five (5) days before the date set for such hearing, with the provision that the Board in its discretion may waive this rule.

 

(Source:  Amended at 5 Ill. Reg. 2739, effective March 2, 1981)

 

Section 150.655  Request for Witnesses or Documents

 

a)         Upon timely request prior to a hearing on the merits, each party to the proceeding before the Board shall serve upon the other party:

 

1)         A list of the names and addresses of the witnesses the party proposes to call,

 

2)         All documents the party proposes to offer in its case and brief,

 

3)         All statements of the party's witnesses which may be used by adverse party for the purpose of cross-examination.

 

b)         The Board may exclude documents or testimony to enforce this rule.

 

Section 150.660  Evidence Depositions

 

Upon application to the Hearing Officer, or the Board, and upon good cause shown (which shall include, but is not restricted to, potential unavailability of a witness at the time the hearing is scheduled, scheduling or travel arrangement considerations, or by agreement of the parties) any party may request leave to depose a potential witness for discovery purposes or request a deposition of any witness to be taken for evidence in a Board proceeding.  If desired, subpoenas may be requested upon application to the Hearing Officer or the Board to compel the appearance of a witness for deposition upon the filing of a written request for subpoena which shall be served on all parties to the proceedings and may be made at the time the request for deposition is filed. The issuance and service of subpoenas shall be performed in the same manner set forth in Section 150.650 of this Part.  The deposition shall proceed in the manner provided by law for depositions in civil actions in the courts of this State.

 

(Source:  Amended at 24 Ill. Reg. 1276, effective January 5, 2000)

 

Section 150.665  Hearing Procedures

 

a)         All hearings shall be public.

 

b)         At the time and place of the hearing, both the Director and sworn officer may be represented by counsel if they so desire.

 

c)         All proceedings before the Board during the conduct of the hearing shall be recorded by a reporter to be employed by the Board.

 

d)         The records of all hearings will not be transcribed by the reporter unless requested by the Board or any party of interest.  All transcripts shall be paid for by the requesting party.

 

e)         All witnesses shall be sworn prior to testifying.

 

f)         The matter will be decided by the Board on evidence presented at the hearing.  The Department shall be required to prove its case by a preponderance of evidence.

 

g)         Each party may make an opening statement after which the Department will present its case.  Thereafter, the officer may present and examine those witnesses the officer desires the Board to hear.  All parties shall have the right to cross-examine witnesses presented by the opposite party.

 

h)         A copy of any rules and regulations certified by the Director or Deputy Director shall be received in evidence with the same effect as the original.

 

i)          In the hearing of any case, any party or his agent may be called and examined as if under cross-examination at the instance of any adverse party.  The party calling for the examination is not concluded thereby, but may rebut the testimony thus given by counter-testimony and may impeach the witness by proof of prior inconsistent statements.

 

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

 

k)         A proposal for decision by the Hearing Officer shall be mailed to the Board and the parties within 45 days after completion after hearing on the Complaint or Petition for Review.  The parties may then file with the Board written comments or arguments within 15 days after receipt of the proposed findings.  The filing of the parties' written comments or arguments shall be in accordance with Section 150.685 of this Part with a copy being mailed to the Hearing Officer.  The Hearing Officer may then file a response to the comments or arguments of the parties within 15 days after receipt of any comments or arguments of the parties.

 

(Source:  Amended at 27 Ill. Reg. 19038, effective December 3, 2003)

 

Section 150.670  Continuances and Extensions of Time

 

a)         A request for continuance of a hearing is directed to the sound discretion of the Hearing Officer to whom the case has been assigned for hearing.  Such request may be granted, for good cause shown, provided the request is received by the Department not less than three (3) days prior to the hearing date unless good cause is shown within the three days or during the hearing due to the need for new evidence, sudden unavailability of counsel, sudden illness of a party, or similar reason.  Such request prior to the Hearing shall be in writing and shall set forth the grounds alleged therefor. "Good cause" is shown when a Petitioner or Respondent demonstrates a real and compelling need for additional time.  "A real and compelling need" includes, but is not limited to, service in the armed forces, serious illness, family death, act of God, relating to either party or that party's attorney.

 

b)         No Formal Hearing shall be continued "generally".  A continuance, when granted, shall state a date certain, not more than sixty (60) days from the prior hearing date at which time the hearing shall reconvene.

 

(Source:  Amended at 13 Ill. Reg. 19592, effective December 1, 1989)

 

Section 150.675  Computation of Time

 

The time within which any act under this Part is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the State, and then it shall also be excluded.  If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded.

 

Section 150.680  Decisions of the Board

 

All decisions of the Board as to guilt or innocence will be announced within 90 days after receipt of the Hearing Officer's proposal for decision, or within 90 days after the Hearing Officer's response to the parties' comments or arguments, whichever is later, as outlined in this Section:

 

a)         After the hearing on a Complaint, the Board shall render a written decision outlining the findings of fact upon which the decision is based and mail it by either registered or certified mail, return receipt requested, to the officer charged.  A copy of the decision shall be mailed to the Director.  The decision will find the officer guilty, if the charges are established by a preponderance of the evidence, or not guilty.  If the Board finds the officer guilty of any or all of the accusations included in the Complaint, the Board will promptly order the officer's discharge, demotion, or a suspension for a period of not more than 180 days, or recommend participation in a rehabilitative program, including but not limited to the State Employee Assistance Program, whichever in the opinion of the Board is most applicable.  If the officer is found not guilty or has served a period of suspension greater than prescribed by the Board, the Board shall order that the officer receive compensation for the period involved.  The award of compensation shall include interest at the rate of 7% per annum.  This determination will be based on the final decision of the Board, the officer, and legal counsel after reviewing all pertinent information including, but not limited to, monies due to the State or to third parties involved in the charges, and income earned or received by the officer during the period involved.  Officers are required to disclose any income earned or received (e.g., public assistance or unemployment compensation) during the period involved.

 

b)         After the hearing on a Petition for Review, the Board will render a written decision outlining the facts upon which the decision is based, and mail it by either registered or certified mail, return receipt requested, to the officer filing the Petition.  A copy of the decision shall be mailed to the Director.  The decision will find the officer guilty, if the contents of the Notice of Suspension are established by a preponderance of the evidence, or not guilty.  If the Board finds the officer guilty of any or all of the contents of the Notice of Suspension, the Board may sustain, reduce, or reverse the action of the Director or Deputy Director; and in the event of reversal or reduction, the Board shall order that the officer receive the pay for the appropriate period involved.  The award of compensation shall include interest at the rate of 7% per annum.  The Board may not increase the extent of disciplinary measures upon appeal of a suspension of up to 30 days.  Such decision shall be supported by a statement of findings of fact.  A copy of the decision shall be mailed to the attorneys of record, the Director and the Deputy Director that initiated the action.

 

c)         The Director shall carry out the order of the Board, and if the accused officer refuses to abide by the order, the Director shall remove the officer immediately.

 

d)         If the Board finds that a party has made allegations or denials without reasonable cause or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation, it may order that party to pay the other party's reasonable expenses, including costs and reasonable attorney's fees.

 

(Source:  Amended at 30 Ill. Reg. 19727, effective December 15, 2006)

 

Section 150.685  Service and Form of Papers

 

All papers required by this Part to be served shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed, with postage pre-paid, to the designated party at the party's last known residence reflected by the Complaint or Petition for Review filed with the Board.  Proof of service of any paper may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt showing that the paper was mailed, by either registered or certified mail, return receipt requested, to a party's address where it was received by a named party.  Service on the Director may be made in a similar manner and if by mail, at the Department of State Police, Springfield, Illinois.

 

a)         All papers filed in any proceeding shall be typewritten or printed on only one side of the paper and shall be double-spaced, except that quotations may be single-spaced and indented.

 

b)         All papers, except exhibits, shall be cut or folded so as not to exceed a width of 8½ inches and a length of 11 inches, and shall have an inside margin of not less than 1 inch wide.

 

c)         The original of all pleadings shall be filed with the Board and shall be signed in ink by the party filing the paper, or by an attorney for the party.  A party must serve a copy of every pleading that the party files with the Board on all other parties to the proceeding, and written proof of such service shall be filed in the proceeding with the Board.

 

d)         All pleadings filed shall contain the address of the party filing the paper, or if the party is represented by an attorney, the pleading shall contain the name, address and telephone number of the attorney.

 

(Source:  Amended at 8 Ill. Reg. 7894, effective May 23, 1984)

 

Section 150.APPENDIX A  Vision Standards (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 9968, effective June 19, 2002)

Section 150.APPENDIX B   Physical Fitness Standards

 

FOUR-ITEM PHYSICAL FITNESS TEST

FOR DEPARTMENT OF STATE POLICE OFFICER APPLICANTS

 

Practical exercise performance requirements are physical activities related to law enforcement tasks.  The following practical exercise performance requirements have been identified and must be satisfactorily performed for successful completion of the Merit Board's Physical Fitness Test requirement.

 

1.  SIT AND REACH TEST

 

            This is a measure of the flexibility of the lower back and upper leg area.  It is an important area for performing police tasks involving range or motion and is important in minimizing lower back problems.  The score is the distance, in inches reached on a yard stick.

 

2.  ONE MINUTE SIT UP TEST

 

            This is a measure of the muscular endurance of the abdominal muscles. It is an important area for performing police tasks that may involve the use of force.  It is also important for maintaining good posture and minimizing lower back problems.  The score is the number of correct sit ups completed in one minute.

 

3.  ONE REPETITION MAXIMUM BENCH PRESS

 

            This is a maximum weight pushed from the bench press position, measuring the amount of upper body force that can be generated.  It is an important area for performing police tasks requiring upper body strength. The score is a ratio of weight pushed divided by body weight.  The test will be conducted on a Universal DVR-Chest Press.

 

4.  1.5 MILE RUN

 

            This is a timed run to measure the heart and vascular systems' capability to transport oxygen.  It is an important area for performing police tasks involving stamina and endurance and to minimize the risk of cardiovascular problems.  The score is in minutes and seconds.

 

ILLINOIS DEPARTMENT OF STATE POLICE MERIT BOARD

PHYSICAL FITNESS STANDARDS

 

Test	Male	Male	Male	Male	Female	Female	Female	Female
Age	20-29	30-39	40-49	50-59	20-29	30-39	40-49	50-59
Sit &	16.5	15.5	14.25	13.25	19.25	18.25	17.25	16.75
Reach	Inches	Inches	Inches	Inches	Inches	Inches	Inches	Inches
One
Minute	38	35	29	24	32	25	20	14
Sit Up
Bench
Press
(% of	.99	.88	.80	.71	.59	.53	.50	.44
total
weight)
1.5
Mile	12.51	13.36	14.29	15.26	15.26	15.57	16.58	17.55
Run

 

(Source:  Amended at 29 Ill. Reg. 6084, effective April 15, 2005)