Current through Register Vol. 48, No. 52, December 27, 2024
a) Once an
investigation has been opened, it shall be assigned a unique tracking number
and the Inspector General shall assign an investigator to conduct the
investigation.
b) At a minimum, all
investigations are required to be conducted autonomously, independent of
direction from the Authority, impartially, and in a professional and timely
manner. Investigations shall be properly documented to ensure the appropriate
handling and correct recording of all investigations.
c) Possible methods of investigation include,
but are not limited to, the following:
4) Requests for written
responses.
5) Voluntary production
of documents and/or information.
6)
Seizure and analysis of State, vendor or subcontractor property and documents,
including electronic files and databases.
8) Subpoenas for records and/or
testimony.
d)
Determining which method of investigation is appropriate will vary depending on
the nature of the allegation and the balancing of various criteria that
include, but are not limited to, the following:
1) Maintaining the confidentiality of the
complainant and/or source of the information and other confidentiality
requirements.
2) The efficient use
of OIG time and resources.
3) The
type of information being sought.
4) Whether the allegation is ongoing and/or
involves possible danger to the health or safety of employees or the
public.
5) Whether the destruction
or altering of evidence is possible and/or likely.
6) Availability of potential witnesses and/or
information.
e) Minimum
investigatory requirements for completing an investigation:
1) An investigation will be sustained if the
Inspector General determines that reasonable cause exists to believe that
fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, or
malfeasance has occurred [605 ILCS
10/8.5(e)(1)] .
2) An investigation will be closed if the
Inspector General concludes that there is insufficient evidence that a
violation has occurred [605 ILCS
10/8.5(e)(4)] . The Inspector General
may close an investigation if, during the course of the investigation, the OIG
determines that the events under investigation took place outside of the
applicable statute of limitations, that the subjects of the investigation are
not under the OIG's jurisdiction, or if the investigation is referred
elsewhere.
3) A complete OIG
investigation consists of the retrieval of relevant records, review of all
relevant documentation, and interviews of all relevant persons.
f) Subpoena Powers
1) The Inspector General shall have the power
to subpoena witnesses and compel the production of books and papers pertinent
to an investigation [605 ILCS
10/8.5(f)(2)] .
2) Only the Inspector General may issue a
subpoena, not members of the Inspector General's staff. (See
605 ILCS
10/8.5(f)(2).)
3) The Inspector General may not subpoena a
person or documents of a labor organization or its representatives insofar as
the person or documents of a labor organization relate to the function of
representing an employee subject to investigation under this Section
[605 ILCS
10/8.5(f)(2)] .
4) Subject to a person's privilege against
self-incrimination, any person who fails to appear in response to a subpoena,
answer any question, or produce any books or papers pertinent to an
investigation under this Section, except as otherwise provided in this Section,
or who knowingly gives false testimony in relation to an investigation under
this Section is guilty of a Class A misdemeanor [605 ILCS
10/8.5(f)(2)] .
