Section 1.10  Meetings of the Commission

 

a)         The Illinois Civil Service Commission (Commission) shall hold an open and public meeting each month.  The meetings shall be held in Chicago and/or Springfield.

 

b)         A schedule of meeting dates shall be made at the beginning of each calendar year stating the dates, times and places of the monthly meetings.

 

c)         Changes in regular meeting dates and the holding of special meetings shall be made in compliance with the Illinois Open Meetings Act [5 ILCS 120] and the Illinois Personnel Code [20 ILCS 415].

 

d)         Meetings may be held by telephone conference call or by video conferencing if done in compliance with all applicable laws.

 

e)         Unless he or she is an interested party in a contested case subject to Section 1.260, any person shall have the opportunity to comment at a public meeting pursuant to the Open Meetings Act so long as the comment is reasonable in duration and is limited to a subject on that meeting's agenda.  Any such comment shall be made at a time designated on the meeting's agenda and the Commission shall have the ability to cut off a comment if it is irrelevant, repetitious or disruptive.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.40  Procedures Before the Commission (Repealed)

 

(Source:  Repealed at 19 Ill.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

 

Section 1.45  Classification Plan

 

The Commission will review the class specifications requiring Commission approval under the Classification Plan and will approve those that meet the requirements of the Personnel Code and Personnel Rules and conform to the following accepted principles of position classification:

 

a)         The specifications are descriptive of the work being done or that will be done;

 

b)         Identifiable differentials are set forth among classes that are sufficiently significant to permit the assignment of individual positions to the appropriate class;

 

c)         Reasonable career promotional opportunities are provided;

 

d)         The specifications provide a reasonable and valid basis for selection screening by merit examinations;

 

e)         All requirements of the positions are consistent with classes similar in difficulty, complexity and nature of work; and

 

f)         The relation of the class specification to any applicable collective bargaining agreement.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.50  Ex Parte Communications

 

a)         Except in the disposition of matters they are authorized by law to entertain or dispose of on an ex parte basis, commission members, employees and Administrative Law Judges shall not, after notice of hearing in a contested case, communicate, directly or indirectly, in connection with any issue of fact, with any person or party, or in connection with any other issue with any party or the party's representative, except upon notice and opportunity for all parties to participate.

 

b)         Communications regarding procedure, including, but not limited to, format of pleadings, number of copies required, manner of service, status of proceedings, and continuances are not considered to be ex parte communications. 

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.80  Declaratory Rulings

 

a)         Upon petition from an interested or affected person or agency, the Commission may make declaratory rulings as to material questions involving the applicability and interpretation of the Personnel Code, the Personnel Rules (80 Ill. Adm. Code 301, 302, 303, 304 and 305) or any order or final decision of the Commission.

 

b)         The Commission may refuse to issue such rulings if the question is in issue in a contested case before the Commission, if the ruling would not resolve a substantial issue of law, if the request presents an issue already determined by the Commission or court of competent jurisdiction, or if the issue is pending in another court or administrative body.

 

c)         Declaratory rulings shall not be appealable but are only advisory.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.90  Allocation Appeals Procedure

 

a)         An employee shall, within 15 days after receipt of the Director of the Department of Central Management Services' decision on reconsideration, serve notice upon the Commission of his or her intent to appeal the reconsideration decision of the Director.  The employee shall simultaneously serve a copy of the notice of intent upon the Director of the Department of Central Management Services.  The notice shall state the name of the employee, the employee's appointing agency, a description of the disputed classification issue, and the class for which the employee is appealing.

 

b)         Upon receipt of a notice of intent to appeal, the Director of the Department of Central Management Services shall file with the Commission within 30 days a submission setting forth the facts and reasons for the reconsideration decision.  A copy shall be served upon the employee.  In the submission there shall be a clear and brief recitation of all relevant facts and documentary evidence submitted in exhibit form.

 

c)         Within 30 days after receipt of the Director's submission, the employee shall file with the Commission an answer setting forth all relevant facts and documentary evidence in exhibit form.  A copy of the answer shall be served upon the Director of the Department of Central Management Services.  The employee shall point out with particularity his or her disagreement with the submission of the Department of Central Management Services.

 

d)         Within 30 days after receipt by the Commission of the submissions of the parties, notification will be served by the Commission of the date of the hearing that will be held for the purpose of presenting argument and/or accepting evidence on material and substantial issues of fact.  By agreement of the parties and the Commission, the hearing may be waived.

 

e)         Parties may represent themselves or be represented by counsel or by other representatives as they may elect.

 

f)         After the completion of the hearing, a proposal for decision by the Administrative Law Judge shall be served upon the parties.  The parties shall have 10 days after service to file written comments and arguments before the Commission renders its final decision.  The filing of the parties' responses shall be in accordance with Section 1.302.

 

g)         Employees who are subject to collective bargaining agreements that permit an appeal to the Commission of class study reclassifications not resolvable under the applicable contract shall use the procedure set forth in this Section if they appeal to the Commission.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

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 the date designated by the Director of Central Management Services in the approved notice of layoff 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 the Personnel Rules alleged to have been violated or not complied with.

 

c)         An investigation shall be conducted by the Commission and the proposal for decision shall be served upon all parties to the dispute.  The parties shall then have 10 days to file in the office of the Commission a response to the proposal for decision and a request for hearing if either party so desires.

 

d)         If, in the judgment of the Administrative Law Judge or the Commission, a substantial issue of fact or law exists that 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 it is determined that no material issue of fact or law exists, the Commission will issue its decision based upon the findings of the investigation and the parties' responses to the proposal for decision.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.110  Allegations of Personnel Code and Rule Violations

 

a)         An allegation of a violation of the Personnel Code or Personnel Rules shall set forth with particularity a statement of facts and a designation of the applicable provisions of the Code or Rules that have been violated or not complied with. The appeal must be filed within 180 days after the date on which the affected person knew, received written notice of, or, through the use of reasonable diligence, should have known of the alleged violation or noncompliance.

 

b)         An investigation shall be conducted by the Commission and the proposal for decision shall be served upon all parties to the dispute.  The parties shall then have 10 days to file in the office of the Commission a response to the proposal for decision in accordance with Section 1.302 of this Part and a request for hearing if either party so desires.

 

c)         If, in the judgment of the Administrative Law Judge or the Commission, a substantial issue of fact or law exists, the parties will be notified of a hearing date.  The notice will set forth a short statement of the issue of fact and/or law.  If it is determined that no material issue of fact or law exists, the Commission will issue its decision based upon the findings of the investigation and the parties' responses to the proposal for decision.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.120  Appeal of Geographical Transfers

 

a)         An appeal of geographical transfer shall be filed with the Commission by the affected employee within 15 days following the effective date of the transfer.  The effective date of the transfer is the date the employee is required to report to the new location.  In appeals to the Commission from permanent transfers from one geographical area in the State to another, the employee shall have the burden of introducing sufficient, competent and credible evidence showing that the transfer was unreasonable, unjust or capricious and was not a bona fide attempt to serve the best interests of the operating agency. Geographical area is presumed to be the county in which the position is located unless the employee or the operating agency can establish that a different standard is utilized for the employee's position.

 

b)         Under normal circumstances, a transfer of an employee for a period in excess of 60 days will be considered a permanent transfer.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.130  Appeals of Disciplinary Action or Demotion

 

a)         A certified employee who has been served with written charges approved by the Director of Central Management Services for removal, discharge, demotion or suspension for a period of more than 30 days within a 12-month period may appeal to the Commission.  The appeal shall be in writing and filed with the Commission within 15 days after receipt of the approved written charges.

 

b)         In disciplinary appeals and demotion appeals, the agency has the burden of proof and as such is designated the Petitioner; the employee is designated the Respondent.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.140  Response to Proposed Decisions (Renumbered)

 

(Source:  Section 1.140 renumbered to Section 1.302 at 19 Ill. Reg. 12451, effective August 21, 1995)

 

Section 1.141  Collective Bargaining Agreements

 

a)         The Commission shall give full recognition and effect to provisions of collective bargaining agreements relating to wages, hours and conditions of employment reached under the provisions of the Illinois Public Labor Relations Act [5 ILCS 315]. Provisions of collective bargaining agreements supersede contrary provisions of the Personnel Code, Personnel Rules and Rules of the Civil Service Commission (see 5 ILCS 315/15).

 

b)         Employees whose positions are subject to collective bargaining agreements may appeal disciplinary actions, demotions, layoffs, geographical transfers or rule violations either through the procedure set forth in the agreement or through the Commission, but not both.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010___)

 

Section 1.142  Jurisdiction B Exemptions

 

a)         The Civil Service Commission shall exercise its judgment when determining whether a position qualifies for exemption from Jurisdiction B under Section 4d(3) of the Personnel Code.  The Commission will consider any or all of the following factors inherent in the position and any other factors deemed relevant to the request for exemption:

 

1)         The amount and scope of principal policy making authority;

 

2)         The amount and scope of principal policy administering authority;

 

3)         The amount of independent authority to represent the agency, board or commission to individuals, legislators, organizations or other agencies relative to programmatic responsibilities;

 

4)         The capability to bind the agency, board or commission to a course of action;

 

5)         The nature of the program for which the position has principal policy responsibility;

 

6)         The placement of the position on the organizational chart of the agency, board or commission;

 

7)         The mission, size and geographical scope of the organizational entity or program within the agency, board or commission to which the position is allocated or detailed.

 

b)         The Commission may, upon its own action after 30 days notice to the Director of Central Management Services or upon the recommendation of the Director of the Department of Central Management Services, rescind the exemption of any position that no longer meets the requirements for exemption set forth in subsection (a).  However, rescission of an exemption shall be approved after the Commission has determined that an adequate level of managerial control exists in exempt status that will insure responsive and accountable administrative control of the programs of the agency, board or commission.

 

c)         For all positions currently exempt by action of the Commission, the Director of Central Management Services shall inform the Commission promptly in writing of all changes in essential functions, reporting structure, working title, work location, position title, position number or specialized knowledge, skills, abilities, licensure or certification.

 

d)         Prior to granting an exemption from Jurisdiction B under Section 4d(3) of the Personnel Code, the Commission will notify the incumbent of the position, if any, of its proposed action.  The incumbent may appear at the Commission meeting at which action is to be taken and present objections to the exemption request.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.143  Orders of Compliance

 

a)         The Commission may, from time to time, review and investigate personnel policies, actions, or activities and administrative practices to insure that they are in compliance with the Personnel Code.  Such review and investigation will be utilized by the staff in rendering reports to the Commission.

 

b)         Findings by the Commission of probable discrepancies with respect to the Personnel Code or Rules, when communicated in writing to the Director of Central Management Services and the appropriate agency head, are considered as an order to the Director either to correct the probable discrepancy or to furnish an explanation to support a conclusion that a probable discrepancy does not exist.  If, within 30 days after receipt of such order, neither appropriate corrective action has been initiated nor a satisfactory explanation has been submitted by the Director, the Commission may record such violations in the minutes of its meeting and take such other action as is appropriate to correct such violations.

 

(Source:  Section 1.143 renumbered from Section 1.350 at 19 Ill. Reg. 12451, effective August 21, 1995)

 

Section 1.145  Appearances − Representation

 

Parties may choose to represent themselves, be represented by an appropriate association, or be represented by an attorney licensed to practice law in the State of Illinois.  An attorney representing a party shall file a written notice of appearance with the Commission identifying the attorney by name, address, telephone, facsimile number, email address and attorney registration number.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.146  Service of Pleadings

 

a)         Manner of Service.  When copies of documents filed with the Commission are required to be served on the opposing party, these copies shall be served personally, by first class mail, or in a manner agreed to by the parties and approved by the Administrative Law Judge pursuant to Section 1.150.

 

b)         Proof of Service.  Proof that copies were served on the opposing party must be filed with the papers required to be filed with the Commission.  Proof of service shall consist of the statement of the individual making service specifying the manner and date of the service.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.147  Appeal Hearing File

 

After an appeal to the Commission has been filed, the Commission will establish an appeal file containing all documents pertinent to the appeal.  Either party to the appeal may inspect the file during regular business hours in the office of the Commission. Members of the public may inspect or request a copy of the appeal file in accordance with the Freedom of Information Act [5 ILCS 140], except for those records exempt from inspection and copying by that Act or subject to protective order.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.150  Filing Procedure − Computation of Time

 

a)         Filing and Form of Papers

 

1)         The original copy of a complaint, appeal, pleading, written motion, notice or other paper must be filed in the Springfield office of the Commission.  If the last day for filing falls upon a weekend or legal holiday, the last date for filing will be the first business day subsequent to the weekend or legal holiday.

 

2)         Papers shall be signed by the party filing the paper or by the party's representative and shall contain the address of the party or, if represented, the name, business address and telephone number of the representative. Copies of all filed papers shall be served on all parties to the proceedings, and notice of service shall be given to the Commission.

 

3)         Each document shall show on the first page the caption and case number assigned by the Commission, and shall identify the party on whose behalf the document is filed.  The final page of each filed document shall contain the name, address and telephone number of the attorney, or of the party if the party is self-represented.

 

4)         In accordance with the Identity Protection Act [5 ILCS 179], no person's Social Security Number shall be filed or submitted to the Civil Service Commission in a pleading, exhibit or any other document related to a case unless the Social Security Number is essential to the matter before the Commission.

 

b)         Notice

Notice to a designated representative is notice to the client or member represented.  Notice to an employee who is not represented shall be served at the address specified in the employee's appeal or, if an address was not specified, to the last address shown in the employee's personnel record.

 

c)         Computation of Time

Whenever a time period commences upon a person's receipt of service by mail, receipt shall be presumed to have occurred on the fourth day after mailing. The presumption may be rebutted by proper proof.

 

d)         Filing by Facsimile and/or Electronic Mail

Filings may be by facsimile if done in accordance with this Part. Filings may be by electronic mail if agreed to by all of the parties, but electronic filing of any or all pleadings, orders, proposals for decision, finding and decision of the Commission, or any other document will only be allowed with the prior approval of the Administrative Law Judge assigned to the proceeding as to the form and manner of the filing. By agreement of all parties, the Administrative Law Judge may order that routine communications regarding scheduling matters be conducted via electronic mail. Pursuant to Section 10-70 of the Illinois Administrative Procedure Act [5 ILCS 100], compliance with that Act regarding service and/or notice may be waived by the parties.

 

e)         Electronic Filing System

Upon implementation of an electronic filing system, filings may be done electronically with the Commission.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.154  Notice, Time and Place of Hearing

 

Disciplinary hearings shall be scheduled within 30 days after the request for hearing is filed with the Commission.  At least 10 days notice of the time and date of the first hearing shall be given to all parties.  This may, however, be waived in an emergency.  Ordinarily, appeals will be heard in the Commission's Chicago or Springfield office, but the Administrative Law Judge may conduct proceedings in other geographic locations for the convenience of witnesses and/or the parties.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.158  Public Hearing − Recording − Confidentiality

 

a)         All hearings shall be open to the public, except as otherwise provided in subsection (b).

 

b)         Upon motion of either party, the hearing may be closed to the public when testimony or exhibits would refer to and reveal matters that constitute an exception to public disclosure under Section 7(1)(c) of the Illinois Freedom of Information Act [5 ILCS 140/7(1)(c)] or if the Administrative Law Judge finds it necessary to close the hearing in instances in which personal safety is of concern or when confidential testimony/exhibits/matters are to be referenced or revealed.

 

c)         Recording of hearings by devices used by individuals other than the officially designated court reporter or Administrative Law Judge is not allowed.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.160  Disciplinary Charges and Amendments

 

a)         Charges must be specific enough to apprise the employee of the nature and substance of the cause alleged for discharge.  Written charges approved by the Director of Central Management Services 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 that 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 specific statute or rule shall be cited in connection with the charge.

 

b)         Charges shall be set forth in separate paragraphs and contain the dates, names of persons, places and information reasonably calculated to apprise the employee of the allegations that are the basis of the discipline.

 

c)         At any time prior to commencement of hearing or prior to the close of hearing, the Administrative Law Judge may, upon motion of a party, permit amendment of charges if no undue surprise results that would prejudice the opposing party's right to a prompt hearing or impose an injustice on either side.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.170  Level of Discipline

 

In determining the appropriate level of discipline, the Commission shall consider the nature of the offense, the employee's performance record, including disciplinary history, the employee's length of continuous service, and other relevant factors. Cause for discharge means some substantial shortcoming that in some way renders the employee's continuance in the position detrimental to the discipline and efficiency of the service and that law and sound public opinion recognize as good cause for the employee's removal from the position.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.180  Conduct of Hearings (Repealed)

 

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

 

Section 1.190  Subpoena − Fees and Mileage of Witnesses

 

a)         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 things at a hearing or deposition if the party shows good cause as to why the testimony and/or books, papers, documents or other tangible things cannot otherwise be obtained and states the reasons why the testimony and/or books, papers, documents or other tangible things are necessary and relevant.

 

b)         Subpoena forms may be obtained upon written request to the Administrative Law Judge in the Commission's Springfield office.

 

c)         Witness and Mileage Fees − 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.

 

d)         Service and Contents − The person requesting a subpoena shall be responsible for its service.  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 the time at which, it is returnable.

 

e)         Petition to Quash or Modify − Within five days after service of a subpoena on any person, that person may file a petition to quash or modify the subpoena, stating reasons in support of the 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.

 

f)         Any witness subpoenaed for a deposition may be required to attend only in the county in which he or she resides or maintains an office address, or in any other place ordered by the Administrative Law Judge.

 

g)         Enforcement − Whenever any person knowingly fails or refuses to comply with a subpoena, the party serving the subpoena or the Commission shall petition the appropriate circuit court pursuant to the Personnel Code for an order enforcing the subpoena.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.200  Authority of Administrative Law Judge

 

The Administrative Law Judge has the authority to conduct a hearing, take all necessary action to avoid delay, maintain order, and insure the development of a clear and complete record.  The Administrative Law Judge shall have all powers necessary to conduct a hearing, including the power to:

 

a)         Administer oaths and affirmations;

 

b)         Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by deposition if necessary, and generally conduct the proceedings according to generally recognized administrative law and this Part;

 

c)         Examine witnesses and direct witnesses to testify. If a witness refuses to answer a question after being directed to do so, the Administrative Law Judge may make such orders with regard to the refusal as are just and appropriate, including but not limited to excluding the testimony of a witness, admitting certain facts for purposes of the proceedings, or dismissing the appeal if the witness is under control of a party;

 

d)         Limit the number of times any witness may testify, limit repetitious or cumulative testimony and set reasonable limits on the amount of time each witness may testify and be cross-examined;

 

e)         Rule upon offers of proof and receive relevant evidence;

 

f)         Direct parties to appear and confer for the settlement or simplification of issues, and to otherwise conduct prehearing conferences;

 

g)         Dispose of procedural requests or similar matters;

 

h)         Render findings of fact, conclusions of law and proposals for decision for an order or finding and decision of the Commission;

 

i)          Reprimand or exclude from the hearing any person for disruptive or improper conduct committed in the presence of the Administrative Law Judge;

 

j)          Take official notice of information from the employee's personnel record, United States Postal Service tracking information, generally recognized facts, administrative rules and regulations, and statutes;

 

k)         Enter a protective order to ensure the protection of any confidential or proprietary information, information specifically prohibited from disclosure by federal or State law or rules or regulations adopted under Federal or State law, or information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

 

l)          When a potential witness is available and appears to have information relevant to the case that would not be merely cumulative, and when the witness' relationship with one of the parties is such that the witness would ordinarily be expected to favor that party, if the party does not produce testimony, the inference arises that it would have been unfavorable and the Commission may draw a negative inference from the failure to testify;

 

m)        Conduct any activity, including hearings and prehearing conferences, by video, telephone or other electronic means;

 

n)         Enter any order that further carries out the purpose of this Part.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.205  Motions

 

a)         Unless made orally on the record during a hearing, all motions shall be in writing and shall briefly state the order or relief requested and the specific grounds upon which relief is sought.  Motions based on a matter that does not appear on record shall be supported by affidavit.

 

b)         A written motion shall be served at the same time upon all parties and filed with the Commission's Springfield office.

 

c)         Written motions and responses to motions shall set forth the arguments and authorities relied upon to permit the Administrative Law Judge to make a decision without oral argument on the motion. Parties may request a hearing that will be granted or denied based on the Administrative Law Judge's determination of need.

 

d)         Within seven days after service of a motion, a participant or party may file a response to the motion.  If no response is filed, the participant or party shall be presumed to have waived objection to the granting of the motion, but the waiver of objection does not bind the Administrative Law Judge in the decision on the motion.  Unless undue delay or material prejudice would result, the Administrative Law Judge will not grant any motion before expiration of the seven-day response period. The moving person shall not have the right to reply, except as permitted by the Administrative Law Judge.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.210  Extensions of Time − Continuances of Hearing − Waivers of Compensation for Continuances

 

a)         The Commission, or an Administrative Law Judge 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 may continue the date of a scheduled hearing for a limited period.

 

b)         Granting or denying a continuance of a scheduled hearing is within the discretion of the Commission or the Administrative Law Judge.

 

c)         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, including but not limited to serious illness, family death or family emergency relating to the party or the representative for the party.

 

d)         The granting of a request for continuance by the employee in a discharge appeal will, under normal circumstances, constitute a voluntary waiver of any claim to compensation for the period of the continuance if the employee is ordered retained in his or her position.

 

e)         Requests for continuances must be preceded by contacting the opposing party, either orally or in writing, and asking for agreement to the continuance.

 

f)         An employee's request for the first continuance in the case of a demotion or disciplinary appeal must be made in writing.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.212  Consolidation

 

Two or more appeals may be consolidated on motion of either party or the Administrative Law Judge when the cases involve common issues of law or fact, consolidation would not prejudice the rights of the parties, and consolidation would result in the efficient and expeditious resolution of appeals.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.216  Qualification of Administrative Law Judge

 

An Administrative Law Judge shall possess a license to practice law in the State of Illinois.

 

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

 

Section 1.218  Disqualification of Administrative Law Judge

 

a)         An Administrative Law Judge assigned to a proceeding may, upon written request to and approval of the Executive Director, recuse himself or herself therefrom.

 

b)         Whenever any party believes an Administrative Law Judge for any reason should be disqualified from conducting, or continuing to conduct, a proceeding assigned to him or her, such party may file a motion to disqualify the Administrative Law Judge, setting forth by affidavit the alleged grounds for disqualification.  The Administrative Law Judge shall have seven (7) days after filing of the motion within which to enter a written ruling thereon.  A copy of such ruling shall be served upon all parties.  The Commission may, on its own motion, review rulings denying or granting a motion for disqualification.

 

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

 

Section 1.220  Discovery

 

The Commission does not facilitate the exchange of discovery information between or among the parties. Discovery is a process primarily conducted between or among the parties.  Discovery shall be attained through the following methods:

 

a)         Bill of Particulars − An employee who is the subject of disciplinary charges may request additional information regarding the charges.  Written demands for relevant information concerning the charges shall be answered within 10 days after service unless objected to.

 

b)         Written Interrogatories − A party may direct written interrogatories to any other party.  The interrogatories shall be restricted to the subject matter of the complaint or defense and shall avoid placing undue detail, excessive burden, or expense on the answering party. Within 10 days after service, the answering party shall serve on the propounding party an answer, under oath or affirmation, or an objection to each interrogatory.  When appropriate, a document may be served in answer to an interrogatory.  Supplemental interrogatories shall not be allowed except on leave of the Administrative Law Judge for good cause shown.

 

c)         Production, Inspection, Copying or Photographing of Documents and Tangible Things − A party, by written request served upon the other parties, may require  production for inspection, copying or photographing any document, object or tangible thing that is relevant to the subject matter of the complaint or defense.  The party upon whom the request is served shall respond to the request within 10 days, stating with respect to each item or category that inspection and related activities will be permitted as required, unless the request is objected to, stating the reasons for objection.

 

d)         List of Witnesses and Documents − Upon timely request prior to a hearing on the merits, each party to the proceeding shall serve on the other party:

 

1)         A list of names and home or work addresses of the witnesses the party proposes to call in its case in chief.

 

2)         All documents the party proposes to offer in its case in chief.

 

3)         All written or recorded statements of the party's witnesses that may be used by an adverse party for the purpose of cross-examination.

 

e)         Deposition − A party may take discovery depositions either for good cause shown or by agreement. A discovery deposition, taken for good cause or by agreement, may be taken only upon leave of the Administrative Law Judge.  No party shall serve a notice of deposition without leave of the Administrative Law Judge.

 

f)         Admission of Fact or of Genuineness of Documents − 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.  Copies of the documents shall be served with the request unless copies have already been furnished.

 

g)         Privileges − All matters that are privileged against disclosure in civil cases in the courts of the State of Illinois shall be privileged against disclosure through any discovery procedure.

 

h)         Limitation of Discovery − At any time the Administrative Law Judge may, on his/her own motion or on motion of any party or witness, make protective orders as justice and fairness may require, denying, limiting, conditioning or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage or oppression.

 

i)          Unless specifically requested by the Administrative Law Judge, the parties shall not file discovery with the Commission.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.222  Evidence Depositions

 

Upon order of the Administrative Law Judge, a deposition of any witness may be taken for use as evidence in a Commission proceeding.  The depositions may be taken in the manner provided by law for depositions in civil actions in the courts of this State.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.224  Prehearing Conference

 

a)         Upon written notice by the Administrative Law Judge in any proceeding, parties or their representatives may be directed to appear in person or by telephone or other electronic means at a specified time and place for a conference, prior to or during the course of hearing for the purposes of:

 

1)         Scheduling;

 

2)         Simplifying the issues;

 

3)         Amending the pleadings for clarifications, amplification or limitation;

 

4)         Making admissions of facts or stipulating to the admissibility of any matters to expedite the hearing;

 

5)         Limiting the number of witnesses;

 

6)         Exchanging prepared testimony and exhibits; and

 

7)         Aiding in the simplification of the evidence and disposition of the proceeding.

 

b)         After a prehearing conference, the Administrative Law Judge may provide all parties with a statement that recites:

 

1)         Any ruling on motions or other actions taken by the Administrative Law Judge;

 

2)         Any agreements made by the parties as to any of the matters considered; and

 

3)         Those issues remaining for hearing.

 

c)         A court reporter may be present to transcribe the proceedings at a prehearing conference.  All costs related to the court reporter's services shall be borne by the party requesting the service. The written record of the prehearing conference shall be filed with the Commission within 10 days after receipt of the transcript.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.226  Stipulations

 

The parties to any proceeding may, by stipulation in writing filed with the Commission or entered orally in the record, agree upon the facts or any part of the facts involved in the proceeding. It is the policy of the Commission to encourage stipulations of fact whenever practicable.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.230  Default

 

Failure of a party to appear on the date set for hearing, or failure to file materials or submissions required by this Part or by order of the Administrative Law Judge or Commission, shall constitute a default.  The Administrative Law Judge may, upon motion of the party who has appeared or upon his or her own motion, dismiss the appeal subject to approval of the Commission.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.232  Burden of Proof

 

a)         The proponent of any matter asserted shall have the burden of proof to establish by a preponderance of evidence that the matter asserted is more probably true than not true.

 

b)         When a party has the burden of proof and establishes the matter asserted by the required quantity of evidence, the party has made a prima facie case, and the burden of disproving the matter asserted goes to the opposing party by the same quantity of evidence.

 

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

 

Section 1.233  Evidence

 

a)         Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed.  However, evidence not admissible under those rules of evidence may be admitted (unless precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

 

b)         Objections to evidentiary offers may be made and shall be noted in the record.

 

c)         Any party who has had evidence excluded may make an offer of proof.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.234  Hostile Witness

 

If the Administrative Law Judge determines that a witness is hostile or unwilling, examination of the witness by the calling party may be conducted as if under cross-examination.  The party calling an occurrence witness may, upon showing the witness was called in good faith but the calling party is surprised by the testimony, impeach the witness by proof of prior inconsistent statements.

 

(Source:  Old Section 1.234 repealed and Section 1.237 renumbered to Section 1.234 and amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.235  Exhibits

 

a)         Marking − All exhibits shall be marked by a court reporter designated to record the hearing in numerical order with a party designation.

 

b)         Designation of Part of Document as Evidence − When relevant material matter offered into evidence is included in a book, paper or document containing other material not relevant, the person offering the material must plainly designate the matter offered.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.236  Order of Hearing

 

a)         The Administrative Law Judge shall open the hearing by explaining the procedure to be followed in the hearing.  Upon motion of either party or at the discretion of the Administrative Law Judge, any or all witnesses may be sequestered.

 

b)         Preliminary matters such as objection to charges, disputes involving discovery, stipulation of facts and documents, and scheduling of witnesses may be resolved.

 

c)         Each party shall be given the opportunity to make a brief opening statement identifying the issues and indicating what is to be proven.

 

d)         All witnesses shall testify under oath or affirmation.

 

e)         Each party may conduct such cross-examination as required for a full and true disclosure of the facts.  The Administrative Law Judge may also examine witnesses.

 

f)         Before closing the proceedings, the Administrative Law Judge may allow both parties the opportunity to make brief oral and/or written closing statements.

 

g)         Witnesses may be required to testify via telephone and/or video conference by order of the Administrative Law Judge.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.237  Hostile Witness (Renumbered)

 

(Source:  Section 1.237 renumbered to Section 1.234 at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.240  Interlocutory Appeal

 

When in the course of a hearing the Administrative Law Judge finds a question of law, fact or policy that if resolved by the Commission will materially advance the resolution of the dispute, the Administrative Law Judge, on his or her own motion or the motion of one of the parties, may refer the issue to the Commission for resolution.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.250  Past Work Record (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.260  Oral Argument Before the Commission

 

Oral argument in contested cases will not be allowed before the Commission unless novel and precedent setting questions of law or policy are at issue.  Argument by interested parties shall be requested by motion to the Commission with notice to the opposing party made at least five days before the Commission's public meeting in which the matter will be considered.  The issues that will be the subject of argument shall be set forth with particularity in the motion.

 

(Source:  Amended at 34 Ill. Reg. 3485, effective March 3, 2010)

 

Section 1.270  Authority of Commission Regarding Orders and Proposals for Decision of the Administrative Law Judge

 

a)         The Commission shall have the authority to affirm, reverse or modify the proposal for decision of the Administrative Law Judge, or remand the matter to the Administrative Law Judge for the purposes set forth in Section 1.290.

 

b)         If the Commission reverses or modifies a proposal for decision, it shall set forth in its written decision those findings of fact, conclusions of law, or other portions of the proposal for decision that it is reversing or modifying.  All portions of the proposal for decision not set forth in the Commission's written decision are presumed to be affirmed.

 

c)         A decision or action of the Commission shall become final at the time it is made in writing and announced at an open and public meeting of the Commission and cannot be further reviewed by or appealed to the Commission.

 

d)         The Commission's final administrative decision shall be served on the parties or their legal representatives in accordance with Section 1.150 or in a manner agreed to by the party receiving the decision.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.280  Record of Proceedings

 

a)         Whenever a hearing is held under the Personnel Code or this Part, it shall be recorded by a court reporter or other means that adequately preserves the record. The Administrative Law Judge or Commission may order that any recording be transcribed.  The agency that is a party to the hearing shall bear all costs related to the production of the transcript of the proceedings, including but not limited to the costs of the court reporter and original transcript.  Parties who order copies of the transcript are responsible for the cost of the copies. The transcript provided to the Commission shall be transcribed in full page format with a word index.  A party who has requested a protective order (request that certain information remain confidential during and after the hearing) shall be responsible for redacting the protected information from the transcript.

 

b)         The written record of the proceeding shall be filed with the Commission within 10 days after receipt of the transcript of the final hearing by either the agency or its representative.  Upon agreement of the parties, the written transcript may be filed directly with the Commission by the court reporter. Written notice of filing shall be served on all parties to the proceedings.

 

c)         Any record will be available for examination by the public at reasonable times in the Springfield office of the Commission. Upon written request made at least 48 hours (exclusive of Saturdays, Sundays and official State holidays) in advance, the Commission will make any record available for examination at its Chicago office.

 

d)         The transcript of proceedings on any matter before the Commission is complete upon the filing of the court reporter's transcript of the final day of hearing or the last filed written closing statement, whichever is later.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.290  Remandment

 

Until the decision in a case is final, the Commission may remand it to the Administrative Law Judge for the purpose of taking additional evidence or soliciting additional argument or for any other reason that will assist the Commission in rendering its finding and decision.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.300  Administrative Review

 

All final decisions of the Commission shall be subject to appeal by the parties to the proceedings under the Administrative Review Law [735 ILCS 5/Art. III] by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the Commission decision was served upon the party affected.  A decision is deemed to have been served when personally delivered or when deposited in the United States mail in a sealed envelope or package, with postage prepaid, addressed to the party affected at the party's last known residence or place of business, or served by facsimile or electronic mail in accordance with Section 1.150.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section1.302  Response to Proposals for Decision or Orders

 

a)         In a contested case in which the members of the Commission have not heard the case or read the record, the Proposal for Decision or Order of the Administrative Law Judge appointed by the Commission to conduct the hearing or the results of the investigation shall be served upon the parties prior to the Commission rendering a final decision.

 

b)         Unless arrangements to the contrary have been made, a copy of any response shall be filed in the Springfield office of the Commission.  The responses shall be accompanied by proof that a copy of the response was served upon the opposing side.

 

(Source:  Amended at 42 Ill. Reg. 16395, effective September 1, 2018)

 

Section 1.310  Personnel Rules

 

The Commission has power to disapprove new rules or amendments to existing rules submitted by the Director of Central Management Services.  Such proposed new rules or amendments of existing rules submitted to the Commission shall be accompanied by a report of proceedings attending the prior public hearing required by law with respect to them.  If the Commission does not disapprove new rules or any amendment to existing rules within 30 days following the receipt from the Director of Central Management Services, the new rules or amendments have the force and effect of law after filing by the Director with the Secretary of State.

 

Section 1.320  Classification Plan (Renumbered)

 

(Source:  Section 1.320 renumbered to Section 1.45 at 19 Ill. Reg. 12451, effective August 21, 1995)

 

Section 1.330  Collective Bargaining Agreements (Renumbered)

 

(Source:  Section 1.330 renumbered to Section 1.141 at 19 Ill. Reg. 12451, effective August 21, 1995)

 

Section 1.340  Jurisdiction B Exemptions (Renumbered)

 

(Source:  Section 1.340 renumbered to Section 1.142 at 19 Ill. Reg. 12451, effective August 21, 1995)

 

Section 1.350  Orders of Compliance (Renumbered)

 

(Source:  Section 1.350 renumbered to Section 1.143 at 19 Ill. Reg. 12451, effective August 21, 1995)