TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.10 MEETINGS OF THE COMMISSION
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)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.40 PROCEDURES BEFORE THE COMMISSION (REPEALED)
Section 1.40 Procedures
Before the Commission (Repealed)
(Source: Repealed at 19 Ill. Reg. 12451, effective August 21, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.45 CLASSIFICATION PLAN
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.50 EX PARTE COMMUNICATIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.80 DECLARATORY RULINGS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.90 ALLOCATION APPEALS PROCEDURE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.100 APPEAL OF LAYOFF
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.110 ALLEGATIONS OF PERSONNEL CODE AND RULE VIOLATIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.120 APPEAL OF GEOGRAPHICAL TRANSFERS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.130 APPEALS OF DISCIPLINARY ACTION OR DEMOTION
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.140 RESPONSE TO PROPOSED DECISIONS (RENUMBERED)
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.141 COLLECTIVE BARGAINING AGREEMENTS
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___)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.142 JURISDICTION B EXEMPTIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.143 ORDERS OF COMPLIANCE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.145 APPEARANCES - REPRESENTATION
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.146 SERVICE OF PLEADINGS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.147 APPEAL HEARING FILE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.150 FILING PROCEDURE - COMPUTATION OF TIME
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
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
1) Filing
may be by facsimile if done in accordance with this Section.
2) Filings
may be by electronic mail (email) if agreed to by all of the parties. A party
serving a document by email must successfully transmit the document to the
recipients' primary email address or any of the recipients' secondary email
addresses.
3) If any
computer malfunction precludes the email service of a document, the party must
promptly serve the document by paper in accordance with this Section.
4) The
Commission may serve notices of hearing, orders, final decisions, and other
documents by email, in lieu of serving paper documents, if the recipients have
consented to email service in the proceeding and have not revoked the consent.
e) Electronic Filing System
Filings may be completed
electronically with the Commission through its electronic filing system.
(Source: Amended at 49 Ill. Reg. 6894,
effective May 1, 2025)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.154 NOTICE, TIME AND PLACE OF HEARING
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.158 PUBLIC HEARING - RECORDING - CONFIDENTIALITY
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.160 DISCIPLINARY CHARGES AND AMENDMENTS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.170 LEVEL OF DISCIPLINE
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 shall
be determined in accordance with 80 Ill. Adm. Code 302.700.
(Source: Amended at 49 Ill.
Reg. 6894, effective May 1, 2025)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.180 CONDUCT OF HEARINGS (REPEALED)
Section 1.180 Conduct of
Hearings (Repealed)
(Source: Repealed at 19 Ill. Reg. 12451, effective August 21, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.190 SUBPOENA - FEES AND MILEAGE OF WITNESSES
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.200 AUTHORITY OF ADMINISTRATIVE LAW JUDGE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.205 MOTIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.210 EXTENSIONS OF TIME - CONTINUANCES OF HEARING - WAIVERS OF COMPENSATION FOR CONTINUANCES
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.212 CONSOLIDATION
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.216 QUALIFICATION OF ADMINISTRATIVE LAW JUDGE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.218 DISQUALIFICATION OF ADMINISTRATIVE LAW JUDGE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.220 DISCOVERY
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.222 EVIDENCE DEPOSITIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.224 PREHEARING CONFERENCE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.226 STIPULATIONS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.230 DEFAULT
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.232 BURDEN OF PROOF
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.233 EVIDENCE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.234 HOSTILE WITNESS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.235 EXHIBITS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.236 ORDER OF HEARING
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.237 HOSTILE WITNESS (RENUMBERED)
Section 1.237 Hostile
Witness (Renumbered)
(Source: Section
1.237 renumbered to Section 1.234 at 34 Ill. Reg. 3485, effective March 3, 2010)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.240 INTERLOCUTORY APPEAL
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.250 PAST WORK RECORD (REPEALED)
Section 1.250 Past Work
Record (Repealed)
(Source: Repealed at 34 Ill. Reg. 3485, effective March 3, 2010)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.260 ORAL ARGUMENT BEFORE THE COMMISSION
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.270 AUTHORITY OF COMMISSION REGARDING ORDERS AND PROPOSALS FOR DECISION OF THE ADMINISTRATIVE LAW JUDGE
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.280 RECORD OF PROCEEDINGS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.290 REMANDMENT
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.300 ADMINISTRATIVE REVIEW
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION1.302 RESPONSE TO PROPOSALS FOR DECISION OR ORDERS
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.310 PERSONNEL RULES
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.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.320 CLASSIFICATION PLAN (RENUMBERED)
Section 1.320 Classification
Plan (Renumbered)
(Source:
Section 1.320 renumbered to Section 1.45 at 19 Ill. Reg. 12451, effective
August 21, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.330 COLLECTIVE BARGAINING AGREEMENTS (RENUMBERED)
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.340 JURISDICTION B EXEMPTIONS (RENUMBERED)
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)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER I: CIVIL SERVICE COMMISSION
PART 1
CIVIL SERVICE COMMISSION
SECTION 1.350 ORDERS OF COMPLIANCE (RENUMBERED)
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)
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