Section 1.100  Appeal of Layoff

a)         An appeal of layoff shall be filed with the Commission by the affected employee within 15 calendar days following the effective date of layoff. The effective date of layoff is that date designated by the Director of Central Management Services in the approved notice of layoff which is served on the employee.

b)         The appeal shall set forth with particularity a statement of facts and a designation of the applicable provisions of the Personnel Code or Rules of the Department of Central Management Services which are alleged to have been violated.

c)         An investigation shall be conducted by the Commission and the proposed findings shall be served upon all parties to the dispute.  The parties shall then have 21 days to file in the office of the Commission a response to the proposed findings and a request for hearing if either party so desires.

d)         If in the judgment of the Commission a substantial issue of fact or law exists which cannot be resolved by investigation the parties will be notified of a date of hearing.  The notice will set forth a short statement of the issue of fact and/or law.  If the Commission determines that no material issue of fact or law exists it will issue its decision based upon the findings of the investigation and the parties' responses thereto.

(Source:  Amended at 19 Ill. Reg. 12451, effective August 21, 1995)