Section 300.1030  Consolidation/Severance/Class Actions

a)         The Department may, on its own or at the request of a party, consolidate hearings if it believes a common question of law or fact is involved, consolidation will expedite the hearings, and no right of any party will be prejudiced.

b)         All parties will be given an opportunity to be heard on the issue of consolidation and may be severed from the proceeding if the factors in subsection (a) are not satisfied.

c)         The Department may assist a class of employees and process cases on those employees' behalf in a class action.  An action may be maintained as a class when:

1)         The number of parties is so numerous that joinder of all parties is impracticable;

2)         There are questions of fact or law common to the class that predominate over any questions affecting only individual members;

3)         The representative parties will fairly and adequately protect the interest of the class; and

4)         The class action is an appropriate method for the fair and efficient adjudication of the controversy.

(Source:  Added at 38 Ill. Reg. 18517, effective August 22, 2014)