Current through Register Vol. 48, No. 38, September 20, 2024
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.
