Section 3500.360  Informal Inquiry and Summary Dismissal

a)         After the completed Claim Form and Waiver Form have been received, an informal inquiry shall be performed by the Director or his or her designee to determine whether additional investigation is warranted.

b)         The Director or his or her designee may issue, serve and enforce subpoenas pursuant to Section 3500.375(a)(1) and (a)(5) to compel the production of evidence as part of an informal inquiry for purposes including, but not being limited to, obtaining documents relating to claims, determining whether a formal inquiry is warranted, and obtaining victim notification information.

c)         If, after completion of the informal inquiry, the Director finds that there appears to be no reasonable possibility that the claim is credible, the Director shall recommend to the Commission that the claim be summarily dismissed. A written report will be prepared documenting this finding and will be presented to the Commission for its review.

d)         The Commission shall vote to accept or reject the Director's recommendation by majority vote of the voting members present. At least 4 members must vote to accept the recommendation for the claim to be dismissed.

e)         If the Commission accepts the Director's recommendation, the convicted person, and the person filing the Claim Form if other than the convicted person, shall be notified in writing that the claim has been summarily dismissed and the reasons for the dismissal.

(Source:  Amended at 38 Ill. Reg. 18988, effective September 19, 2014)