TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.5 DEFINITIONS
Section 100.5 Definitions
Allocation: Proper assignment of any position to a class.
Certified Employee: An employee who has successfully
completed an appointment and a required probationary period (80 Ill. Adm. Code
500.10).
Chair: Chair of the Merit Commission, appointed by the
Comptroller for a 2-year term.
Classification Plan: A position classification plan for all
positions subject to the Comptroller Merit Employment Code, based upon
similarity of duties performed, responsibilities assigned, and conditions of
employment.
Code: The Comptroller Merit Employment Code [15 ILCS 410].
Commission: The Merit Commission, created by the Comptroller
Merit Employment Code, composed of 3 members appointed by the Comptroller,
by and with the advice and consent of the Senate. No more than 2 members may
be affiliated with the same political party. [15 ILCS 400/8]
Department: An organizational entity directly subordinate to
the Comptroller or Deputy Comptroller.
Director: Director of the Comptroller's Department of
Personnel.
Geographic Transfer: Transfer from one geographical location
in the State to another.
Hearings Officer: A qualified person designated by the Merit
Commission to preside over hearings.
Incumbent: The person currently holding a position.
Jurisdiction B: That portion of the Comptroller Merit Employment
Code that requires that certain employees must be employed on the basis of
merit and fitness.
Office of the Commission: 325 West Adams Street,
Springfield, Illinois 62704.
Prima facie case: A case which has produced evidence
sufficient to support a finding in favor of the person producing the evidence,
unless evidence to the contrary is produced.
(Source: Added at 19 Ill. Reg. 206, effective January 3, 1995)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.10 MEETINGS OF THE COMMISSION
Section 100.10 Meetings of
the Commission
a) The Merit Commission (Commission) shall meet monthly in
accordance with a written schedule established by the Chair beginning each
calendar year and posted at the Office of the Commission. At the discretion of
the Chair, any monthly meeting may be canceled upon written notice to each
Member, State Comptroller and the Director. Grounds for cancellation include,
but are not limited to, lack of availability of a sufficient number of
Commission Members to constitute a quorum; weather emergencies; lack of sufficient
pending business warranting the Commission's attention. Any other meetings
shall be called by the Chair upon a 3-day written notice of the date, time and
place to each Member, State Comptroller and the Director.
b) Regular meetings will convene at Springfield or Chicago,
Illinois.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.20 CLASSIFICATION PLAN
Section 100.20
Classification Plan
a) The Commission will review the class specifications requiring
Commission approval under the Classification Plan and will approve those which
meet the requirements of the State Comptroller Merit Employment Code (Code) [15
ILCS 410] and personnel rules (80 Ill. Adm. Code 500), including the
Classification Plan, and which conform to currently acceptable principles of
position classification in the merit system.
b) In the event that it can be reasonably anticipated that
employee layoffs will result by virtue of class specification revisions, the
Director will supply to the Commission, prior to review, full detailed
information respecting such prospective layoffs.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.30 PERSONNEL RULES
Section 100.30 Personnel
Rules
The Director may recommend
changes to the personnel rules of the Office of the Comptroller, but any
rulemaking affecting those rules shall be submitted to the Commission for
approval before being proposed by filing with the Secretary of State. Unless
the Commission disapproves the recommended changes within 30 days following
receipt of the rulemaking proposal from the Director, the Director may file the
changes with the Secretary of State as a proposed rulemaking. If the proposed
rulemaking is modified in any way other than modifications limited to spelling,
typing, punctuation or grammar, pursuant to comment from the public or the
Joint Committee on Administrative Rules, as authorized by the Illinois
Administrative Procedure Act (IAPA), the modified rulemaking shall be again
submitted to the Commission, along with a report from the Director on options
the Commission can take with respect to those modifications. Unless the
Commission disapproves the modified version of the rulemaking within 30 days
following its receipt from the Director, the rulemaking may be adopted by
filing with the Secretary of State in accordance with the IAPA.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.40 JURISDICTION B EXEMPTIONS
Section 100.40 Jurisdiction
B Exemptions
a) The Commission, upon written recommendation of the Director,
may exempt from Jurisdiction B positions which, in the judgment of the
Commission, involve either principal administrative responsibility for
determination of policy, principal administrative responsibility for the way in
which policies are carried out, or are highly confidential.
b) The Commission may review such exempt positions and, if the
conditions of subsection (a) above no longer exist, shall rescind the exempt
status.
c) For all positions currently exempt by action of the
Commission, the Director shall inform the Commission promptly in writing of all
changes in duties, responsibilities, organization, location, allocation or
identity.
d) Prior to granting an exemption from Jurisdiction B, the
Commission will notify the incumbent of the position, if any, of its proposed
action, whereupon the incumbent and/or the incumbent's representative may
appear at the Commission meeting at which the action is to be taken and present
objections to the exemption.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.50 ORDERS OF COMPLIANCE
Section 100.50 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 Code.
b) Findings by the Commission of probable discrepancies with
respect to the Code or rules, when communicated in writing to the Director and
the appropriate Department 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 the order, neither appropriate corrective action has been
initiated nor a satisfactory explanation has been submitted by the Director,
the Commission may record the violations in the Minutes of its meetings and
take other action as is appropriate to correct the violations.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.55 COLLECTIVE BARGAINING AGREEMENTS
Section 100.55 Collective
Bargaining Agreements
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].
(Source: Added at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.60 APPEALS, FILING REQUIREMENTS AND HEARINGS
Section 100.60 Appeals,
Filing Requirements and Hearings
a) Filing Requirements
1) A certified employee who has been served with written charges
approved by the Director for removal, discharge, demotion or suspension for a
period of more than 30 days within a 12-month period, or any certified employee
or any employee exempt from Jurisdiction B served with an approved order for
geographical transfer, may appeal to the Merit Commission, provided the appeal
is made in writing and received by the Commission within 15 days after service
of the approved charges, or in the case of geographical transfer, within 15
days of the date the employee is required to report to the new location.
2) Any employee affected by the allocation of a position to a
class may appeal to the Commission, provided that the employee has requested
and received a reconsideration decision from the Director, and that the appeal
to the Commission is received within 15 days after service of the Director's
reconsideration decision.
3) For the purpose of determining the timeliness of filing only,
"receipt" is defined to mean either personal delivery or date of
postmark when deposited in the U. S. mail, in a sealed envelope, with postage
prepaid, and properly addressed. Holidays, Saturdays and Sundays will be
excluded from computing filing dates if the last day for filing falls upon a
weekend or legal holiday, in which event the last date for filing would be the
first business day following the weekend or legal holiday.
b) Time of Hearing
Within 30 days following actual receipt of a written request
for hearing, except in position allocation and geographical transfer appeals,
the Commission shall grant the parties a hearing. Hearings concerning
geographical transfer and allocation appeals shall be granted as soon as
practicable after receipt of a request for hearing.
c) Appeal Hearing File
After a charge has been filed with the Commission, a hearing
file shall be established which shall contain all documents pertinent to the
charge. Either party to the hearing may inspect the file during regular
business hours in the Office of the Commission.
d) Conduct of Hearing
All disciplinary hearings shall be public. Parties may call
witnesses to testify in their behalf and have the aid of counsel or other
representation at their expense. Parties may cross-examine opposing witnesses
and present documentary and demonstrative evidence. Hearings shall be conducted
in accordance with the contested case provisions of the Illinois Administrative
Procedure Act.
e) Filing Procedure - Computation of Time
1) Filing and Form of Papers
A) The original complaint, appeal, pleading, written motion,
notice or other papers, except for responses to proposed decisions which is
governed by Section 100.110(b), must be filed in the Office of the Commission.
B) Papers shall be signed in ink by the party filing the papers or
by the party's representative and contain the address of the party, or if
represented, the name, business address and telephone number of the
representative. The party filing papers shall be responsible for service of
the papers on all parties to the proceedings, and notice of service shall be
given to the Commission.
C) 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 counsel, other representative or the
party if the party is self-represented.
2) Computation of Time
Whenever a time period commences upon a person's receipt of
service or notice and service is by mail, receipt shall be deemed to have
occurred on the 4th day after mailing.
3) Filing by Facsimile
Filings may be by facsimile if done in accordance with all
other rules in this Part, provided that within 5 days after the day of filing
by facsimile, the original document is filed at the Office of the Commission.
f) Notice
Notice to a designated representative is notice to the
client. Notice to an employee who is not represented shall be served at the
address specified in the employee's filing or, in the absence of such
specification, to the last address shown in the employee's personnel file. A
copy of the notice shall be sent to the Department Head, except in cases of allocation
appeals notice shall be sent to the Director.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.70 DISCIPLINARY HEARINGS
Section 100.70 Disciplinary
Hearings
a) Charges
1) Written charges approved by the Director 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 which 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 statute or rule shall be cited in
connection with the charge.
2) Charges shall be set forth in separately numbered paragraphs
and contain the dates, names of persons, places and facts necessary to properly
allege cause. Charges must be specific enough to apprise the employee of the
nature and substance of the cause alleged for the disciplinary action.
b) Motion Objecting to Charges
1) If any party objects to the written charges, motions outlining
the objections shall be submitted at least 10 days prior to the date of
hearing.
2) The motion specifically shall point out any defects and ask
for appropriate relief, such as: that the action be dismissed, or that a
charge be made more definite and certain in a specified particular, or that
designated immaterial matter be stricken. After ruling on the motion, the
Hearings Officer may enter an appropriate order either to permit or require
pleading over or amending or terminating the matter in whole or in part.
c) Continuances
1) The Commission, or a Hearings Officer 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 papers or may
continue the date of a scheduled hearing for a limited period.
2) 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.
3) Granting a request for continuance by the employee in a
discharge appeal will constitute a voluntary waiver of any claim to
compensation for the period of the continuance if the employee is ordered
retained or reinstated, except where the complainant files a timely request for
continuance and the request for continuance is a result of failure by the
respondent to respond in a timely manner prior to the hearing date.
d) Request for List of Witnesses
Upon timely request, either party must furnish to the other
party a list of names and addresses of prospective witnesses.
e) Right to Inspect and Interview
Any party or the party's representative shall have the right,
upon timely motion, to inspect any relevant documents in the possession of or
under the control of any other party and to interview employees having
knowledge of relevant facts. Interviews of employees and inspection of
documents shall be at times and places reasonable for the employee and for the
appointing power.
f) Appearance of Witnesses and Issuance of Subpoenas
1) 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 objects at a hearing or deposition.
Subpoena forms may be obtained by applying to the Office of the Commission.
2) 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.
3) The person requesting a subpoena shall be responsible for its
service. A subpoena shall be served reasonably in advance of its return date.
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 time at which it is returnable.
4) Within 5 days after service of a subpoena on any person, the
person may file a petition to quash or modify the subpoena, stating reasons in
support of such 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.
5) Any witness subpoenaed for a deposition may be required to
attend only in the county in which he or she resides or is employed or
transacts business in person or, in the case of a petitioner, in the county in
which the action is pending or, for good cause shown, in any other place
ordered by the Hearings Officer.
6) Whenever any person shall knowingly fail or refuse to comply
with a subpoena served in accordance with this Section, the party serving the
subpoena or the Commission shall petition the circuit court pursuant to the
Code for an order enforcing the subpoena.
The Code provides that any person who shall fail to appear in
response to a subpoena or to answer any question or produce any books or papers
pertinent to any investigation or hearing or who shall knowingly give false
testimony shall be guilty of a misdemeanor.
7) The appearance of a party or agent or employee of a party may
be secured by merely serving the party with written notice designating the
persons required to appear.
g) Pre-Hearing Conference
1) In any action, the Hearings Officer may hold a pre-hearing
conference. At the conference, the parties, or their representative, shall
appear as the Hearings Officer directs to consider:
A) Simplification of the issues;
B) Amendments to the charges;
C) Possibility of obtaining admissions and stipulations of fact
and of documents which will avoid unnecessary proof;
D) Limitation of the number of expert witnesses;
E) Pending motions; or
F) Other matters which may aid in the disposition of the action.
2) The Hearings Officer shall make an order which recites the
action taken, any agreement made by the parties as to the matters considered
and issues to be heard.
h) Written Interrogatories
1) Any party may direct written interrogatories to any other
party, provided that the interrogatories are served 14 days prior to the
scheduled hearing date or any continued hearing date. Interrogatories shall be
restricted to the subject matter of the particular case.
2) Within 14 days after the service of the interrogatories, an
answer or objection shall be made to each interrogatory. If any answer may be
obtained from a document in the possession or control of a party, it shall be
sufficient to specify that document as an answer.
3) Answers to interrogatories may be used in the same manner in
Commission proceedings as depositions.
i) Depositions
Upon order of the Hearings Officer, a deposition of any
witness may be taken for use in a Commission proceeding. The deposition may be
taken in the manner provided by law for depositions in civil actions in the
courts of this State.
j) Written Admissions
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, provided that the request is served 14 days
prior to the scheduled hearing date or any continued hearing date. Copies of
the documents shall be served with the request unless copies have already been
furnished. Failure to answer the request within a 14-day period or any
extensions granted shall be deemed as an admission of all items contained in
the request.
k) Opening and Closing Statements
Upon the opening of the hearing, the Hearings Officer may
allow the petitioner and the respondent to make opening statements. Upon the
close of the hearing, each side may make a closing statement orally and/or by
written brief at the discretion of the Hearings Officer, incorporating
arguments of fact and law.
l) Examination of Adverse Party or Agent
In the hearing of any case, any party or the party's agent
may be called and examined as if under cross-examination at the instance of any
adverse party. The party calling for the examination may rebut the testimony
thus given and may impeach the witness by proof of prior inconsistent
statements.
m) Hostile Witnesses
If the Hearings Officer determines that a witness is hostile
or unwilling, the witness may be examined by the party calling the witness as
if under cross-examination. The party calling an occurrence witness may, upon
showing that the witness was called in good faith but that the party is
surprised by the witness' testimony, impeach the witness by proof of prior
inconsistent statements.
n) Failure to Comply with Orders or Rules
If a party, or any person at the instance of or in collusion
with a party, unreasonably refuses to comply with these rules, the Hearings
Officer may enter such adverse finding, order or decision as may be necessary
to insure just disposition of the matter.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.80 GEOGRAPHICAL TRANSFERS
Section 100.80 Geographical
Transfers
a) 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, capricious or not a bona fide attempt to
serve the best interest of the Office of the Comptroller.
b) Under normal circumstances, a temporary transfer of an
employee for a period in excess of 30 days will be considered a permanent
transfer, enabling the employee to then appeal the transfer without regard to
Section 100.60(a).
c) Unless inconsistent with this Section, the procedures
governing Section 100.70 shall apply to geographical transfer hearings.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.90 ALLOCATION APPEALS
Section 100.90 Allocation
Appeals
a) If an employee wants to appeal the allocation of a position to
a class, the employee must, within 15 days after the day of receipt of the
Director's decision on reconsideration, file the appeal at the Office of the
Commission and serve a copy of the appeal upon the Director. The appeal shall
include the name of the employee, the employee's department and a description
of the factual basis for the classification dispute.
b) Upon the receipt of the appeal, the Director shall file with
the Commission, within 20 days, a submission setting forth in full a clear and
brief recitation of all relevant facts, arguments and documentary evidence
submitted in exhibit form to substantiate the reconsidered decision. If the
submission, as a matter of law, does not set forth facts and reasons from which
it could be reasonably concluded that the employee is properly classified,
summary judgment may be granted. A copy of the submission shall be served upon
the employee.
c) Within 20 days after the day of receipt of the Director's
submission, the employee must file with the Commission an answer setting forth
all relevant facts, arguments and documentary evidence in exhibit form. A copy
of the answer must be served upon the Director. The employee shall point out
with particularity disagreement with the submission of the Director.
d) If an employee or the Director desires an informal oral
conference with the opposing party, a request for the conference shall be filed
not later than 5 days after the employee's answer is due pursuant to subsection
(c) above. An informal oral conference will be convened if requested by either
of the parties and due notice will be given the parties of the time and date of
the conference which will be conducted in the presence of either the Chair or a
Hearings Officer.
e) Parties may be heard either in person, by counsel or by other
representatives as they may elect.
f) Upon written request of either side, the Commission may issue
subpoenas to compel the production of documents or persons having relevance to
the issues of the dispute.
g) The Commission may make its decision on the pleadings, or it
may order formal hearings held on disputed issues of fact or law at the request
of either party or upon its own motion.
h) Upon failure to comply with these rules, the Commission may
make its decision on the facts before it, if sufficient facts exist, or it may
default the noncomplying party. Such action shall be a decision on the merits
of the appeal. An adverse inference may be drawn against any party failing to
comply with these rules.
i) Unless inconsistent with this Section, the procedures
governing Section 100.70 shall apply to formal allocation hearings.
(Source: Amended at 20 Ill. Reg. 746, effective December 26, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.100 MERIT EMPLOYMENT CODE AND PERSONNEL RULE VIOLATIONS
Section 100.100 Merit
Employment Code and Personnel Rule Violations
a) A certified employee who believes that a personnel transaction
has been falsely labeled in an attempt to deprive the Commission of
jurisdiction under Section 9 of the Code and/or the procedures set forth in
Sections 100.70, 100.80 and 100.90 of this Part, or who believes that a
personnel transaction adversely affecting the employee violates either the Code
or the personnel rules (80 Ill. Adm. Code 500), may within a period of 15 days
after receiving actual notice of the violation appeal in writing to the Commission.
b) The appeal must allege specific facts which if proven would
establish a prima facie case that the personnel transaction named was a false
transaction, or that the Code and/or a personnel rule was violated in an
attempt to deprive the employee of rights under the Code or rules. Any appeal
which fails to allege sufficient and specific facts to support the allegation
may be summarily dismissed by the Commission.
c) The Commission may make its decision on the appeal after an
investigation of the allegations or it may order a hearing on any disputed
issue of fact or law. In any hearing called under the provisions of this
Section to resolve a dispute of fact, the employee has the burden of
establishing by the introduction of competent evidence a prima facie case
proving that the alleged violation took place.
d) Nothing in this Section shall be construed to preclude
employees from timely asserting any other rights given to them under the
provisions of the Code or Personnel Rules.
e) Unless inconsistent with this Section, the procedures
governing Section 100.70 shall apply to this Section.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.110 QUALIFICATION AND AUTHORITY OF THE HEARINGS OFFICER
Section 100.110
Qualification and Authority of the Hearings Officer
a) Qualification of Hearings Officer
A Hearings Officer shall possess a license to practice law in
the State of Illinois.
b) Authority of Hearings Officer
The Hearings Officer has the authority to conduct hearings
and pre-hearing conferences, to take all necessary action to avoid delay, to
maintain order, and to insure the development of a clear and complete record.
The Hearings Officer shall have all powers necessary to conduct a hearing,
including the power to:
1) Administer oaths and affirmations;
2) 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, rule on motions and generally conduct
the proceedings according to this Part, Article 10 of the IAPA and principles
of administrative law as applied by the courts and this subsection;
3) Examine witnesses and direct witnesses to testify;
4) 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 or be cross-examined;
5) Rule upon offers of proof and receive relevant evidence;
6) Direct parties to appear and confer for the settlement or
simplification of issues and otherwise conduct pre-hearing conferences;
7) Dispose of procedural requests or similar matters;
8) Render findings of fact, opinions and recommendations for an
order of the Commission;
9) Reprimand or exclude from the hearing any person for
indecorous or improper conduct committed in the presence of the Hearings
Officer;
10) Take official notice of generally recognized facts,
administrative rules and regulations, and statutes;
11) Prepare, in every contested case, a proposal for decision in
accordance with Section 10-45 of the Illinois Administrative Procedure Act,
which shall be forwarded to the parties in sufficient time to allow the filing
of written exceptions and legal arguments prior to the Commission rendering a
final decision;
12) Rule on any substantive or procedural matters not covered
within this Part, such rulings to be subject to the final review of the
Commission; and
13) Enter any order that further carries out the purpose of this
Part.
c) Disqualification of Hearings Officer
1) A Hearings Officer assigned to a proceeding may, upon written
request to and approval of the Merit Commission, recuse himself or herself.
2) Whenever any party believes a Hearings Officer 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 Hearings
Officer, setting forth by affidavit the alleged grounds for disqualification.
The Hearings Officer shall have 7 days after filing of the motion within which
to enter a written ruling. A copy of the ruling shall be served upon all
parties. The Commission may, on its own motion, review rulings denying or
granting a motion for disqualification.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.115 EX PARTE CONSULTATIONS
Section 100.115 Ex Parte
Consultations
a) Except in the disposition of matters which they are authorized
by law to entertain or dispose of on an ex parte basis, neither Commission
Members, employees, nor Hearings Officers shall, after the filing of a 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. However, a Commission Member may communicate with other Members of
the Commission, and a Commission Member or Hearings Officer may have the aid
and advice of one or more personal assistants.
b) Communications regarding procedure, such as format of
pleadings, number of copies required, manner of service, status of proceedings
and continuances, are not considered to be ex parte communications. However,
requests for continuances shall not be granted until the opposing party is
notified either orally or in writing that a request is going to be made and is
given an opportunity to respond.
(Source: Added at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.117 RESPONSE TO PROPOSED DECISION
Section 100.117 Response to
Proposed Decision
a) In a contested case where the Members of the Commission have
not heard the case or read the record, the findings and decision of the
Hearings Officer appointed by the Commission to conduct the hearing or the
results of the investigation shall be mailed to the parties prior to the
Commission rendering a final decision.
b) An original and 4 copies of the response shall be filed in the
Office of the Commission. The responses shall be accompanied by proof that a
copy of the response was served upon the opposing party.
(Source: Added at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.120 RECORD OF PROCEEDINGS
Section 100.120 Record of
Proceedings
In all hearings, other than
informal allocation conferences, held before the Commission or a Hearings
Officer duly appointed by the Commission to conduct hearings, the department
which is a party shall arrange for a record of the proceedings to be made stenographically
or by other means as to adequately insure the preservation of the proceeding.
Transcription shall be made on the request of any party if not ordered by the
Commission or its Hearings Officer. Any such record will be available for
examination by the public at reasonable times in the Springfield Office; and,
upon written request made at least 48 hours (exclusive of Saturdays, Sundays
and official State holidays) in advance, the Commission will make the record
available for examination at the Office of the Commission.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.130 AUTHORITY OF COMMISSION OVER HEARINGS OFFICER
Section 100.130 Authority of
Commission Over Hearings Officer
The Commission shall have the
authority to affirm, remand, reverse, modify or set aside in whole or in part
the orders or Proposal for Decision of the Hearings Officer. Upon the
concurrence of at least 2 Members of the Commission, a decision shall become final
on the date the decision is announced at a public meeting. The Commission
shall in its final order designate the parties of record to the proceedings.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.140 ADMINISTRATIVE REVIEW
Section 100.140
Administrative Review
When the Commission renders a
final decision, any affected party is entitled to have the decision reviewed by
the circuit court under the Administrative Review Law [735 ILCS 5/Art. III] by
filing a complaint and causing the issuance of summons on the administrative
agency and on each of the other defendants within 35 days from the date that a
copy of the decision sought to be reviewed was served upon the employee.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE A: MERIT EMPLOYMENT SYSTEMS
CHAPTER III: STATE COMPTROLLER
PART 100
MERIT COMMISSION RULES
SECTION 100.150 ADOPTION, AMENDMENT, AND RECISION OF RULES
Section 100.150 Adoption,
Amendment, and Recision of Rules
The Commission may adopt, amend
or rescind any rule consistent with the provisions of the Code, at a regular or
special meeting of the Commission, provided that at least 2 of the Members are
present at the meeting and provided further that written notice has been given
to all Members of the Commission at least 10 days before the meeting at which
the action is to be taken.
(Source: Amended at 19 Ill. Reg. 206, effective January 3, 1995)
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