Section 1120.70  Compliance Procedures

a)         The compliance procedures set forth herein shall commence once a Respondent

1)         has failed to file exceptions to a Recommended Decision and Order of an Administrative Law Judge;

2)         has failed to appeal a final order of the Board; or

3)         when the appellate process initiated by a party after a final Board order has been exhausted and there remains an order requiring a Respondent to take certain affirmative action or to refrain from engaging in any action.

b)         If, upon the occurrence of any of the events designated in Section 1120.70(a), compliance has not occurred, a compliance hearing shall be conducted.

c)         The compliance hearing shall be conducted by the Executive Director or his designee and shall be in the nature of a fact-finding hearing, be recorded stenographically or by other appropriate means, at which the parties to the matter shall be afforded the opportunity to present documents, affidavits, and/or any other information, in addition to their positions, on the matter of Respondent's compliance with the order.

d)         Within 30 days after the compliance hearing described in Section 1120.70(c), or a determination made under Section 1120.70(b) that compliance has taken place, the Executive Director shall cause to be served upon the parties a Recommended Decision and Order in which all issues of law and all issues of fact bearing on compliance with the order shall be resolved.

e)         For purposes of Section 1120.70(d), issues of fact are all issues bearing on the question of Respondent's compliance with the order other than those factual issues turning exclusively on the demeanor of a witness or witnesses.

f)          Parties may file exceptions to the Executive Director's recommendation and briefs in support of those exceptions no later than 14 days after receipt of the recommendation.  Copies of all exceptions and briefs shall be served upon all other parties and a certificate of service shall be attached.  Any party to the proceeding may file a response to any exceptions and supporting briefs within 14 days from receipt of a party's exceptions and supporting brief.  Such response shall be filed with the Board and served on all parties.  A party may also file cross-exceptions and a supporting brief within 14 days from receipt of another party's exceptions and supporting brief.  Copies of the cross-exceptions and supporting brief shall be served upon all other parties and a certificate of service shall be attached.  Any other party may file a response to the cross-exceptions and supporting brief within 14 days from receipt of the cross-exceptions and supporting brief.  Such response shall be filed with the Board and served upon all parties, and a certificate of service shall be attached.  If no exceptions have been filed within 14 days after service of the Executive Director's recommendation, the parties will be deemed to have waived their exceptions.  If no cross-exceptions have been filed within 14 days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.  The Board will review the Executive Director's recommendation upon request by a party or on its own motion.

(Source:  Amended at 28 Ill. Reg. 7973, effective May 28, 2004)