Section 2520.640  Nature of Cooperative Agreements

A cooperative agreement executed by and between the Department and a local agency may provide for any of the following arrangements, separately or in combination:

a)         Dual-Filing of local charges – The local agency may accept and transmit to the Department a charge over which it has jurisdiction.  Such charges shall be accepted by the Department and docketed as Department charges if received by the Department within 180 days following the alleged discrimination and if they meet the requirements of the Act and the Department's rules.  Upon acceptance of such a charge, the Department will notify the local agency of the docket number it has assigned to the charge.  The agreement may provide that the Department shall defer processing such a charge for a period not to exceed 180 days from its receipt of the charge, during which period the local agency shall pursue investigation and resolution of the charge and notify the Department of the outcome of those efforts.  This agreement shall not preclude the Department, in its discretion, from deferring action for a longer period if the local agency has nearly completed or resolved the matter.

b)         Referral of Department charges – The Department may refer to the local agency charges which the Department has received and docketed which allege violations also within the jurisdiction of the local agency.  The local agency shall promptly notify the Department whether it has accepted the referred charge, and if so, the docket number it has assigned to the charge.  The agreement may provide that, upon the local agency's acceptance of such a charge, the Department shall defer processing it for a period not to exceed 180 days from the Department's receipt of the charge, during which period the local agency shall pursue investigation and resolution of the charge and notify the Department of the outcome of those efforts.  This agreement shall not preclude the Department, in its discretion, from deferring action for a longer period if it appears that the local agency has nearly completed or resolved the matter.

c)         Transfer of non-jurisdictional charges – The Department and the local agency may agree to transfer, from one to the other, any charges either may receive which are not within the recipient's jurisdiction but may be within the other's jurisdiction. The agreement shall provide that the transferee will accept and docket such a charge if it meets its lawful requirements for a charge and if the transfer is received within its lawful time requirement for the filing of such a charge.  The transferee will further agree to promptly notify the transferor whether it has accepted and docketed the charge and, if so, the assigned docket number.

(Source:  Amended at 18 Ill. Reg. 16829, effective November 4, 1994)