Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS
Section 1240.60 - Investigation
Universal Citation: 80 IL Admin Code ยง 1240.60
Current through Register Vol. 48, No. 38, September 20, 2024
a) Cases Arising Upon a Finding of Acquittal
1) LETSB will
investigate the verified complaint pursuant to 20 Ill. Adm. Code
1720.120.
2) Upon receipt of a report from LETSB, the
Illinois Labor Relations Board's Executive Director shall, within 30 days,
review the investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified complaint.
A) If the Executive Director determines that
a hearing should not be conducted, a written order dismissing the complaint
will be issued. This decision is in the Executive Director's sole discretion,
and this dismissal may not be appealed. [50
ILCS 705/6.1(j)]
B) If the Executive Director determines that
there is sufficient evidence to warrant a hearing to determine, by clear and
convincing evidence, whether a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to an element of
the offense of murder, he or she will issue an order notifying the parties that
a hearing in the matter has been granted. The Executive Director will assign
the case to an Administrative Law Judge within 30 days following that order.
The Board will serve a copy of the verified complaint and a copy of the
Executive Director's order on the Illinois Department of Professional
Regulation within 30 days after issuance of the Executive Director's
order.
b) Cases Arising Upon a Finding of Guilt
1) If a
complainant seeks a Board-conducted hearing where either a new trial has been
granted on direct appeal or a State post-conviction evidentiary hearing has
been ordered based upon the claim that a police officer committed perjury, the
Board's Executive Director will assign the case to an Administrative Law Judge
within 30 days after filing of the petition for hearing. The Board will serve a
copy of the petition for hearing on the Department of Professional Regulation
within 30 days after filing of the petition for hearing.
2) If a complainant seeks a Board-conducted
hearing where the requirements set forth in Sections
1240.40(b)
and
1240.50(c)
have not been met, the Executive Director will issue an order dismissing the
petition without prejudice.
3)
Appeal of Dismissal
A) Parties may appeal the
dismissal to the Board by filing an appeal with the Board's General Counsel, in
the Board's Chicago office, no later than 10 days after service of the
Executive Director's dismissal. The appeal shall be served on all other parties
by the party filing the appeal.
B)
A party may file a response to the appeal and any materials in support of the
response no later than 5 days after service of the appeal. The response shall
be served on all other parties by the party filing the response.
C) The Board will review the dismissal only
upon the timely filing of an appeal. Parties desiring oral argument before the
Board shall request oral argument and state the reasons for the requests in
their appeals or responses. The Board shall grant or deny requests for oral
argument depending on the significance, complexity and novelty of the issues.
In addition, the Board may, on its own motion, request oral argument, depending
upon the significance, complexity and novelty of the issues. The Board may
adopt all, part or none of the order depending on the extent to which it is
consistent with the record and applicable law. The Board shall issue and serve
on all parties its decision.
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