Section 1520.40  Closed Meeting on the Complaint

a)         If the Commission finds that the complaint is sufficient and that there is a reasonable ground for belief of the alleged facts, it shall appoint an examiner, licensed to practice law in Illinois, to investigate the allegations and to present evidence to the Commission in the closed meeting required by Section 60(d) of the Act.

b)         Notice of the meeting shall be given to the parties as required in Section 60(c) of the Act.  The notice shall include, in addition to the information described in Section 1520.20(b) of this Part, a statement of the possible consequences of failure to respond.

c)         The examiner shall prepare a complete report of the results of the investigation, including any exculpatory evidence, for the Commission.  The report shall be shared with the complainant and the respondent at or before a preliminary conference to be completed no more than 24 hours before the closed meeting. The parties may stipulate to, among other things, any or all of the facts contained in the report.

d)         The examiner shall assist or act for the complainant in the presentation of evidence to the Commission and shall be responsible for the coordination of the presentation of all evidence of a violation to the Commission.

e)         At the election of the Commission, the Chair, another member of the Commission, or an attorney designated by the Chair may act as administrative law judge to preside over the taking of evidence at the closed meeting.

f)         At the close of the taking of evidence and arguments, the Commission may move directly to deliberations and decision making or may direct the administrative law judge to prepare written findings of fact, conclusions and a recommended decision.  Deliberations and decision making shall be conducted in closed session. A designee appointed to act as administrative law judge may assist the Commission in arriving at and preparing a decision.