Current through Register Vol. 48, No. 52, December 27, 2024
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.
