Current through Register Vol. 48, No. 38, September 20, 2024
Except for Complaints proceeding under the alternative
hearing procedure, following the taking of testimony and the submission of oral
argument and briefs, the Administrative Law Judge shall prepare and file with
the Commission a written Recommended Order and Decision, which shall
include:
a) A summary of the
respective contentions of the Parties;
b) Findings of fact based upon, and limited
to, the testimony and other evidence of record and upon matters of which
official notice may be taken pursuant to Section 10-40(c) of the Illinois
Administrative Procedure Act [5 ILCS
100/10-40(c)] ;
c) A determination as to whether or not a
preponderance of the evidence sustains the Complaint, or each portion
thereof;
d) An analysis of the case
and reasoning to support the Administrative Law Judge's
determination;
e) The
Administrative Law Judge's Recommended Liability Determination.
1) If it is determined that the preponderance
of the evidence supports the Complaint or portions thereof, the Recommended
Order shall sustain the Complaint to that extent and require the Respondent to
take such actions as are provided under Section 8A-104 or Section 8B-104 of the
Act. If the Complainant is entitled to an award of attorney's fees and costs
pursuant to Section 8B-104(D) of the Act, the Administrative Law Judge's
recommended decision shall be styled a Recommended Liability Determination and
shall direct the Complainant to file a petition for an award of attorney's fees
pursuant to the procedure established in Section
5300.765
of this Part. Such Recommended Liability Determination shall promptly be served
upon all Parties.
2) If it is
determined that the Complaint shall be dismissed and that the Complaint was
frivolous, unreasonable or groundless or that the Complainant continued to
litigate after it became clearly so and that the Respondent is therefore
entitled to an award of attorney's fees pursuant to Section 8A-102(I)(5) of the
Act, the Administrative Law Judge's recommended decision shall be styled a
Recommended Liability Determination and shall direct the Respondent to file a
petition for an award of attorney's fees pursuant to the procedures established
in Section
5300.765
of this Part. Such Recommended Liability Determination shall promptly be served
upon all Parties;
f) The
Administrative Law Judge's Recommended Order and Decision
1) If it is determined that the preponderance
of the evidence does not support the Complaint, the Administrative Law Judge's
recommended decision shall dismiss the Complaint and shall constitute the
Recommended Order and Decision for review by the Human Rights Commission
pursuant to Subpart I of this Part.
2) Following submission of materials in
connection with any petition for attorney's fees filed as directed in
subsection (e)(1) or (e)(2) of this Section pursuant to Section
5300.765
of this Part, the Administrative Law Judge shall prepare a recommended decision
which shall incorporate the Recommended Liability Determination by reference
and shall include recommendations as to the amount of reasonable attorney's
fees and/or costs and a discussion of the issues relevant thereto. This
recommended decision shall constitute the Recommended Order and Decision for
review by the Human Rights Commission pursuant to Subpart I of this
Part.
3) A Recommended Order and
Decision that includes a monetary award shall specify the amount recommended to
be paid pursuant thereto as of the date of the conclusion of the public hearing
and the formula for calculation of supplemental monetary awards, if any.
The Commission shall promptly serve a copy of such
Recommended Order and Decision upon all Parties and the Department. Service of
the Recommended Order and Decision begins the running of time for filing
exceptions pursuant to Section
5300.920
of this Part. Following the issuance of the Recommended Order and Decision
pursuant to subsection (f)(1) or (f)(2) of this Section, all pleadings,
motions, or other requests shall be directed to the General Counsel of the
Human Rights Commission.
