TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.10 GENERAL STATEMENT OF PURPOSE
Section 1105.10 General
Statement of Purpose
This Subpart details the
procedures that will be followed in hearings that deal with issues related to
the holding of an election, challenged ballots, amendment of certification or
unit clarification, pursuant to Section 7 of the Illinois Educational Labor
Relations Act [115 ILCS 5/7] (the Act), and 80 Ill. Adm. Code 1110.100.
(Source: Amended at 28 Ill.
Reg. 8710, effective June 6, 2004)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.20 SETTING OF REPRESENTATION HEARING
Section 1105.20 Setting of
Representation Hearing
a) Where a representation petition has been filed and the
Illinois Educational Labor Relations Board (the Board) has determined that the
petition is supported by an adequate showing of interest and there is
reasonable cause to believe that a question of representation exists pursuant
to Section 7 of the Act and 80 Ill. Adm. Code 1110.100 a hearing shall be
scheduled on any unresolved issues relating to the holding of an election.
These issues include (but are not limited to) the scope of the bargaining unit,
the exclusion of confidential, supervisory, or managerial employees as defined
in the Act, or the existence of a bar to a petition or an election. Where the
parties to a representation petition are able to agree to the holding of an
election and enter into a consent agreement pursuant to 80 Ill. Adm. Code
1110.100, no hearing will be held.
b) Where a petition to clarify an existing bargaining unit is
filed pursuant to 80 Ill. Adm. Code 1110.160 and it presents unresolved issues
of material fact, it shall be set for hearing. When the petition does not
present unresolved issues of material fact, the Executive Director will rule on
the petition without a hearing. A fact is material to the claim or defense in
issue when the success of the claim or defense is dependent upon the existence
of that fact.
c) Where a petition to amend certification is filed pursuant to
80 Ill. Adm. Code 1110.170 and it presents unresolved issues of material fact,
it shall be set for hearing. When the petition does not present unresolved
issues of material fact, the Executive Director will rule on the petition
without a hearing. A fact is material to the claim or defense in issue when the
success of the claim or defense is dependent upon the existence of that fact.
d) Whenever a challenged ballot is determinative of the results
of an election, a hearing shall be set when the challenge presents unresolved
questions of material fact. Issues shall include (but are not limited to)
whether the challenged ballot shall be counted in the final tally of the
election. When the challenge does not present unresolved questions of material
fact, the Executive Director will rule on the challenge without a hearing.
e) When such a hearing is necessary to resolve issues relating to
the holding of an election, challenged ballots, amendment of certification or
unit clarification, the Executive Director shall appoint a hearing officer and
shall give at least seven days' notice to the parties. That notice shall
include:
1) The name of the hearing officer;
2) The nature, location, date and time of the hearing;
3) A statement of the legal authority and jurisdiction under
which the hearing is to be held; and
4) A reference to the particular Section of the Act and the rules
of the Board involved.
f) Motions to intervene or participate in the hearing, motions
for continuances, and motions to revoke or quash subpoenas shall be directed to
the hearing officer or, in the event that a hearing officer has not been named,
to the General Counsel. All such motions or requests must be in writing, must
state with specificity the reasons or grounds for the motion, and must be
served on all parties simultaneously with their filing with the hearing officer
or General Counsel.
g) Unless otherwise provided in the rules of the Board governing
specific types of proceedings, the briefing schedule for all motions shall be
as follows:
1) Any supporting brief by the moving party shall be filed and
served on all other parties simultaneously with the motion.
2) Other parties shall have seven days to file a response and
serve that response on all other parties simultaneously with the filing.
3) The parties must seek leave of the hearing officer to file any
additional briefs. The hearing officer will allow the filing of additional
briefs upon demonstration that material issues which could not have been
anticipated have been raised.
h) Requests for continuances must be made in writing, but need
not be submitted as formal motions. Requests for continuances will be granted
only for good cause shown, such as the unavoidable absence of a person
essential to the hearing, and only when the continuance will not unduly delay
the hearings. The party requesting the continuance shall state specifically
the reasons that a continuance is being sought and shall state whether the
party has discussed the request with all other parties and whether any other
party opposes the request. Multiple requests for continuance will be viewed
more strictly.
(Source: Amended at 41 Ill.
Reg. 10574, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.30 AUTHORITY OF HEARING OFFICER
Section 1105.30 Authority of
Hearing Officer
The hearing officer shall have
the duty to conduct a fair hearing, to ensure development of a clear and
complete record, to take all necessary action to avoid delay, and to maintain
order. The hearing officer shall have all powers necessary to these ends including
(but not limited to) the authority to:
a) Require submission of exhibits before the hearing;
b) Require all parties to state in writing their positions with
respect to issues, and to submit pre-hearing information, including a list of
all exhibits to be offered by each party in their case in chief and a copy of
each such exhibit, stipulations as to the authenticity and business record
status of each such exhibit, and the estimated time proposed for the party's
case in chief. Parties submitting pre-hearing information specified above must
serve that information on all other parties;
c) Administer oaths and affirmations or direct the administration
of oaths and affirmations by the court reporter transcribing the hearing;
d) Examine witnesses, direct witnesses to testify, call or
subpoena witnesses not offered by the parties, and examine such witnesses;
e) Rule upon offers of proof and receive evidence and rule upon
objections to the introduction of evidence;
f) Regulate the proceedings of the case, and the conduct of the
parties and their counsel, including (but not limited to) determining the order
in which the parties shall present evidence after considering the parties'
relative access to relevant evidence;
g) Enter, on his own motion or motion of a party, such orders as
are just when a party fails to comply with any order entered under 80 Ill. Adm.
Code 1100, 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code
1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130 and 80 Ill. Adm. Code
1135;
h) Establish reasonable limits on the frequency and duration of
the testimony of any witness and limit repetitious or cumulative testimony;
i) Establish reasonable time limits and guidelines for opening
or closing statements based upon the number and complexity of the issues;
j) Establish deadlines and limitations for the filing of
post-hearing briefs, including (but not limited to) requiring each party to
elect between offering closing arguments or submitting post-hearing briefs simultaneously
on a date set by the hearing officer; and
k) Issue decisions pursuant to Section 1105.80 of this Subpart.
(Source: Amended at 14 Ill. Reg. 1278, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.40 RIGHTS OF PARTIES
Section 1105.40 Rights of
Parties
a) All parties to a representation hearing shall have the
following rights:
1) To appear on their own behalf or to be represented in
accordance with 80 Ill. Adm. Code 1100.60;
2) To offer evidence through the testimony of witnesses or
through exhibits;
3) To request subpoenas in order to subpoena witnesses or
documents for the hearing;
4) To question witnesses offered by other parties or the hearing
officer;
5) To object to testimony or exhibits offered by other parties or
the hearing officer; and
6) To make opening statements and to make either closing
statements or submit post-hearing briefs simultaneously, subject to any
limitation established by the hearing officer pursuant to Section 1105.30 of
this Subpart.
b) Misnomer of a party shall not be grounds for dismissal; the
name of any party may be corrected at any time while the case is pending.
c) All representation and decertification petitions may be
amended at any time to conform with the evidence presented in the hearing.
(Source: Amended at 41 Ill. Reg. 10574, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.50 CONDUCT OF HEARING
Section 1105.50 Conduct of
Hearing
a) All hearings under this Subpart shall be public.
b) All witnesses shall be sworn.
c) All testimony shall be recorded stenographically, or by other
means which adequately preserve the record. The parties shall be responsible
for obtaining their own copies of the transcript from the reporter. In the
event that a party wishes to correct a transcription error in the transcript,
the party shall notify the hearing officer in writing within seven days of
receipt of the transcript and shall simultaneously serve a copy of that
notification upon all other parties.
d) A party tendering an exhibit for identification or admission
into evidence shall be responsible for providing the original and three copies
of the exhibit to the hearing officer and one copy to each other party at the
time that the exhibit is tendered.
e) The hearing record in all non-adversarial proceedings shall
include:
1) All petitions (excluding showing of interest submitted
pursuant to 80 Ill. Adm. Code 1110), motions, briefs, exceptions, and rulings
or decisions by the hearing officer;
2) All evidence received by the hearing officer;
3) A statement of all matters of which official notice has been
taken;
4) Offers of proof, objections, and rulings thereon;
5) Proposed findings of fact and conclusions of law; and
6) Any ex parte communications prohibited by Section 10-60 of the
Illinois Administrative Procedure Act [5 ILCS 100/10-60], but such
communications shall not form the basis for any finding of fact.
(Source: Amended at 28 Ill.
Reg. 8710, effective June 6, 2004)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.60 ADMISSIBLE EVIDENCE
Section 1105.60 Admissible
Evidence
a) The Hearing Officer shall follow the rules of evidence as
applied in the courts of Illinois pertaining to civil actions. In addition,
the Hearing Officer will receive evidence which is material, relevant, and
would be relied upon by reasonably prudent persons in the conduct of their
affairs provided that the rules relating to privileged communications and
privileged topics shall be observed.
b) Evidence may be presented in the form of testimony, exhibits,
or stipulations.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.70 OFFICIAL NOTICE
Section 1105.70 Official
Notice
The Hearing Officer and the
Board may take official notice of all facts of which Illinois courts may take
judicial notice and of other facts within the specialized knowledge and
experience of the Board.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.80 DECISIONS AND EXCEPTIONS (REPEALED)
Section 1105.80 Decisions
and Exceptions (Repealed)
(Source: Repealed at 41 Ill.
Reg. 10574, effective August 1, 2017)
SUBPART B: CONTESTED CASES
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.90 GENERAL STATEMENT OF PURPOSE
Section 1105.90 General
Statement of Purpose
The rules in this Subpart detail
the procedures that will be followed in hearings on election objections and
unfair labor practice charges pursuant to Sections 8, 14, and 15 of the Act and
80 Ill. Adm. Code 1110.50 and 1120.10 through 1120.60.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.100 SETTING OF CONTESTED CASE HEARING
Section 1105.100 Setting of
Contested Case Hearing
a) Where the Executive Director has issued a complaint on an
unfair labor practice charge pursuant to Section 15 of the Act and 80 Ill. Adm.
Code 1120.30 or a finding of probable cause with respect to an election
objection pursuant to Section 8 of the Act and 80 Ill. Adm. Code 1110.150, a
hearing shall be scheduled. Unfair labor practice charges and election
objections having a common nucleus of operative facts shall be consolidated for
purposes of hearing.
b) Complaints will issue or probable cause will be found when the
investigation has disclosed adequate credible statements, facts, or documents
which, if substantiated, and not rebutted in a hearing, would constitute
sufficient evidence to support a finding of a violation of the Act. Issuance
of a complaint or finding of probable cause that objectionable conduct occurred
by the Executive Director is not a decision that an unfair labor practice or
objectionable conduct has in fact occurred.
c) When such a hearing is necessary, the Executive Director shall
appoint an Administrative Law Judge. When the Executive Director issues a
Complaint and Notice of Hearing, the parties shall be given at least seven
days' notice of the hearing. That notice and the complaint or finding of
probable cause shall include:
1) The name of the Administrative Law Judge;
2) The location, date and time of the hearing;
3) A statement of the legal authority and jurisdiction under
which the hearing is to be held;
4) A reference to the particular Section of the Act and the rules
of the Board involved; and
5) A brief statement of the nature of the matters at issue.
d) Motions shall be directed to the Administrative Law Judge or,
in the event that an Administrative Law Judge has not been named, to the General
Counsel. All such motions or requests must be in writing, must state with
specificity the reasons or grounds for the motion, and must be served on all
parties simultaneously with their filing with the Administrative Law Judge or General
Counsel. Motions that would preclude a hearing, such as a motion to dismiss or
to refer the matter to arbitration, shall be filed with the Answer. However,
such a motion may be filed at any time with the permission of the Administrative
Law Judge or the General Counsel.
e) Unless otherwise provided in the rules of the Board governing
specific types of proceedings, the briefing schedule for all motions shall be
as follows:
1) Any supporting brief by the moving party shall be filed and
served on all other parties simultaneously with the motion.
2) Other parties shall have seven days to file a response and
serve that response on all other parties simultaneously with the filing.
3) The parties must seek leave of the Administrative Law Judge to
file any additional briefs. The Administrative Law Judge will allow the filing
of additional briefs upon demonstration that material issues which could not
have been anticipated have been raised.
f) Requests for continuances must be made in writing, but need
not be submitted as formal motions. Requests for continuances will be granted
only for good cause shown, such as the unavoidable absence of a person
essential to the hearing, and only when the continuance will not unduly delay
the hearing. The party requesting the continuance shall state specifically in
the motion the reasons that a continuance is being sought and shall state
whether the party has discussed the request with all other parties and whether
any other party opposes the request. Multiple requests for continuances will be
viewed more strictly.
g) The Executive Director may amend the complaint prior to the
hearing upon motion of a party or on the Executive Director's own motion.
Grounds for amendment will include newly discovered evidence, inadvertent
exclusions and new allegations. The parties shall receive reasonable notice of
the amendment, and the Respondent shall have 15 days after the service of the
amended complaint, unless waived by the Respondent, within which to file an
answer to the amended complaint.
(Source: Amended at 41 Ill.
Reg. 10574, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.110 PARTIES
Section 1105.110 Parties
a) The party filing an unfair labor practice charge or election
objection shall be designated the complainant. Any adverse party shall be
designated the respondent.
b) Misnomer of a party shall not be grounds for dismissal; the
name of any party may be corrected at any time.
(Source: Amended at 14 Ill. Reg. 1278, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.120 AUTHORITY OF HEARING OFFICER
Section 1105.120 Authority
of Hearing Officer
The Hearing Officer shall have
the duty to conduct a fair hearing, to take all necessary action to avoid
delay, to maintain order and to ensure development of a clear and complete
record. The Hearing Officer shall have all powers necessary to these ends including
(but not limited to) the authority to:
a) Hold pre-hearing conferences for settlement, simplification of
the issues, or any other related purposes;
b) Enter, on his own motion or motion of a party, such orders as
are just when a party fails to comply with any order entered under 80 Ill. Adm.
Code 1100, 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code
1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130 and 80 Ill. Adm. Code
1135.
c) Regulate the proceedings of the contested case and the conduct
of the parties and their counsel;
d) Administer oaths and affirmations or direct the administration
of oaths and affirmations by the court reporter transcribing the hearing;
e) Rule upon offers of proof and receive evidence and rule upon
objections to the introduction of evidence;
f) Examine witnesses and direct witnesses to testify ;
g) Establish reasonable time limits and guidelines for opening
and closing statements based upon the number and complexity of the issues;
h) Establish deadlines and limitations for the filing of
post-hearing briefs, including (but not limited to) requiring each party to
elect between offering closing arguments or submitting post-hearing briefs
simultaneously on a date set by the Hearing Officer;
i) Except as otherwise provided, consider and rule as justice
may require upon motions appropriate to an adjudicative proceeding;
j) On motion of a party, to amend a complaint before the hearing
concludes to conform to the evidence presented in the hearing; and
k) Issue decisions subject to appeal to the Board.
(Source: Amended at 14 Ill. Reg. 1278, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.130 REQUESTS FOR DOCUMENTS (REPEALED)
Section 1105.130 Requests
for Documents (Repealed)
(Source: Repealed at 14 Ill. Reg. 1278, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.140 PRE-HEARING MEMORANDUM
Section 1105.140 Pre-Hearing
Memorandum
a) The parties shall each file written pre-hearing memoranda with
the Administrative Law Judge not less than seven days before the hearing. The
pre-hearing memoranda shall include:
1) A list of all exhibits to be offered by each party, and a
statement that the parties have exchanged these exhibits;
2) Objections to the authenticity of any of the exhibits
tendered by all other parties, and the status of any of the exhibits as
business records;
3) A list of proposed witnesses, an estimate of the time that
will be required for the direct examination of those witnesses, and a summary
of the matters to which they will testify;
4) A joint statement of the uncontested material facts.
b) The parties may submit individual or joint statements of the
contested material facts or contested issues of law with the required portions
of the pre-hearing memoranda.
c) The Administrative Law Judge, on his or her own motion, may
waive the filing of the pre-hearing memorandum in whole or in part when he or
she finds that such waiver is needed to avoid unnecessary delay of the hearing
or an undue burden to a party.
d) Failure by a party to disclose an exhibit or the identity of a
witness may be grounds for a motion by an opposing party or by the Administrative
Law Judge for exclusion of that exhibit or witness where offered in a party's
case-in-chief or, in the alternative, for a continuance to allow the opposing
party time to review the exhibit or determine the nature of the witness'
testimony and prepare to meet or counter such evidence. Such motions shall be
granted only upon a showing that the moving party was surprised and placed at a
disadvantage by the failure to disclose in the pre-hearing memorandum.
Exhibits and witnesses not listed in the pre-hearing memorandum can be
presented for rebuttal or impeachment purposes.
(Source: Amended at 28 Ill.
Reg. 8710, effective June 6, 2004)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.150 RIGHTS OF PARTIES
Section 1105.150 Rights of
Parties
All parties to a contested case
hearing shall have the following rights:
a) To appear on their own behalf or to be represented in
accordance with 80 Ill. Adm. Code 1100.60;
b) To offer evidence through the testimony of witnesses or
through exhibits;
c) To request subpoenas in order to subpoena witnesses or
documents for the hearing;
d) To question witnesses offered by other parties;
e) To object to testimony or exhibits offered by other parties;
and
f) To make opening statements and to make either closing
statements or submit post-hearing briefs simultaneously subject to any
limitation established by the Hearing Officer pursuant to Section 1105.100 of
this Subpart.
(Source: Amended at 41 Ill. Reg. 10574, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.160 ORDER OF HEARING
Section 1105.160 Order of
Hearing
a) The following shall be the order of all contested case
hearings, subject to modification by the Administrative Law Judge for good
cause:
1) Presentation, argument, and disposition of motions preliminary
to a hearing on the merits of the matters raised in the complaint;
2) Presentation of opening statements;
3) Complainant's case-in-chief;
4) Respondent's case-in-chief;
5) Complainant's case-in-rebuttal;
6) Complainant's closing argument, which may include legal
argument;
7) Respondent's closing argument, which may include legal
argument;
8) Complainant's rebuttal argument, which may include legal
argument;
9) Presentation and argument of motions regarding removal of the
case to the Board pursuant to 80 Ill. Adm. Code 1120.40, where applicable; and
10) A schedule of submission of briefs to the Administrative Law
Judge or Board pursuant to 80 Ill. Adm. Code 1120.40.
b) The order of the contested case hearing will be modified by
the Administrative Law Judge for good cause shown, such as upon motion of a
party demonstrating that such modification is necessary because of the
unavailability of a necessary witness or an attorney and that the moving party
has not caused or contributed to such unavailability.
c) The respondent may, at the close of the complainant's case,
move for judgment in favor of the respondent. If the ruling on the motion is
favorable to the respondent, an order dismissing the action shall be entered.
If the ruling on the motion is adverse to the respondent, the respondent may
proceed to adduce evidence in support of the respondent's defense.
d) The hearing record in all contested cases shall include:
1) All pleadings (including all notices and responses thereto),
motions, briefs, exceptions, and rulings, or decisions by the Administrative
Law Judge;
2) All evidence received by the Administrative Law Judge;
3) A statement of all matters of which official notice has been
taken;
4) Offers of proof, objections, and rulings thereon;
5) Proposed findings of fact and conclusions of law; and
6) Any ex parte communications prohibited by Section 10-60 of the
Illinois Administrative Procedure Act [5 ILCS 100/10-60], but such
communications shall not form the basis for any finding of fact.
e) Any findings of fact in decisions issued by the Administrative
Law Judge or Board shall be based exclusively on the evidence in the Record and
on matters of which official notice has been taken.
(Source: Amended at 28 Ill.
Reg. 8710, effective June 6, 2004)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.170 CONDUCT OF HEARING
Section 1105.170 Conduct of
Hearing
a) All hearings under this Subpart shall be public.
b) All witnesses shall be sworn.
c) All testimony shall be recorded stenographically or by other
means which adequately preserve the record. The parties shall be responsible
for obtaining their own copies of the transcript from the reporter. In the
event that a party wishes to correct a transcription error in the transcript,
the party shall notify the Hearing Officer in writing within seven days of
receipt of the transcript and shall simultaneously serve a copy of that
notification upon all other parties.
d) A party tendering an exhibit for identification or admission
into evidence shall be responsible for providing the original and three copies
of the exhibit to the Hearing Officer and one copy to each other party at the
time that the exhibit is tendered.
(Source: Amended at 14 Ill. Reg. 1278, effective January 5, 1990)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.180 CONFIDENTIALITY
Section 1105.180
Confidentiality
a) Except as provided in subsection (b) of this Section or in the
Board's rules relating to the Freedom of Information Act [5 ILCS 140], no Board
member or employee of the Board shall produce or present any files, documents,
reports, memoranda, or records of the Board in any contested case proceeding
held pursuant to the rules of the Board, whether in response to a subpoena
duces tecum or otherwise, without the written consent of the Board. Nor shall
any such person testify in behalf of any party in any such proceeding with
respect to any information, facts, or other matter coming to his or her
knowledge in his or her official capacity or with respect to the contents of
any files, documents, reports, memoranda, or records of the Board, whether in
answer to a subpoena or otherwise, without the written consent of the Board.
The Board will consent upon a demonstration of the absolute necessity of such
documents or testimony to the case and the impossibility of obtaining the
evidence sought from any other source.
b) Notwithstanding the prohibitions of subsection (a) of this Section,
after a witness called by the charging party or the respondent has testified in
a hearing upon an unfair labor practice complaint, the Administrative Law Judge
shall, upon motion of the opposing party, inspect in camera any statement (as
hereinafter defined) of such witness in the possession of the Board. The Administrative
Law Judge shall excise the portions of such statement which, although not
relating to the subject matter of the testimony of the witness, do relate to
other matters raised by the pleadings. With such material excised, the Administrative
Law Judge shall then direct delivery of such statement to the parties for use
on cross-examination and redirect. If, pursuant to such procedure, any portion
of such statement is withheld from the parties and a party objects to such
withholding, the entire text of such statement shall be preserved by the Administrative
Law Judge, and, in the event a party files exceptions with the Board based upon
such withholding, shall be made available to the Board for the purpose of
determining the correctness of the ruling of the Administrative Law Judge. If
the entire contents of any such statement relate to the subject matter of the
testimony of the witness, the Administrative Law Judge shall order it to be
delivered directly to the parties for examination and use for the purpose of
cross-examination and redirect. The right to inspect any such statements shall
be waived if the motion to have the Administrative Law Judge inspect and
deliver the statement for use in cross-examination is not made before the
witness is excused from the stand.
c) The term "statement" as used in this Section means:
1) A written statement made by said witness and signed or
otherwise adopted or approved by him; or
2) A stenographic, mechanical, electrical, or other recording, or
a transcription thereof, which is a substantially verbatim recital of an oral
statement made by said witness to an agent of the party obligated to produce
the statement and recorded contemporaneously with the making of such oral
statement.
(Source: Amended at 28 Ill. Reg.
8710, effective June 6, 2004)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.190 ADMISSIBLE EVIDENCE
Section 1105.190 Admissible
Evidence
a) The Hearing Officer shall follow the rules of evidence as
applied in the courts of Illinois pertaining to civil actions. In addition,
the Hearing Officer will receive evidence which is material, relevant, and
would be relied upon by reasonably prudent persons in the conduct of their
affairs provided that the rules relating to privileged communications and
privileged topics shall be observed.
b) Evidence may be presented in the form of testimony, exhibits,
or stipulations.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.200 OFFICIAL NOTICE
Section 1105.200 Official
Notice
The Hearing Officer and the
Board may take official notice of all facts of which Illinois courts may take
judicial notice and of other facts within the specialized knowledge and
experience of the Board.
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.210 EXAMINATION OF HOSTILE PARTY OR ADVERSE WITNESS
Section 1105.210 Examination
of Hostile Party or Adverse Witness
The parties to a hearing under
this Subpart shall be entitled to call hostile or adverse witnesses as provided
by Section 2-1102 of the Civil Practice Law [735 ILCS 5/2-1102].
(Source: Amended at 28 Ill.
Reg. 8710, effective June 6, 2004)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.220 DECISIONS AND EXCEPTIONS (REPEALED)
Section 1105.220 Decisions
and Exceptions (Repealed)
(Source: Repealed at 41 Ill.
Reg. 10574, effective August 1, 2017)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER III: ILLINOIS EDUCATIONAL LABOR RELATIONS BOARD
PART 1105
HEARING PROCEDURES
SECTION 1105.230 MOTIONS FOR PRODUCTION OF DOCUMENTS (REPEALED)
Section 1105.230 Motions for Production of
Documents (Repealed)
(Source: Repealed at 41 Ill. Reg. 10574,
effective August 1, 2017)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
