Section 1620.1025  Allegations of Sexual Harassment Violations by Lobbyists

In accordance with Section 14(d-5)(5) of the Secretary of State Act [15 ILCS 305/14(d-5)(5)], the Secretary of State Inspector General ("Inspector General" for the rest of this Section) shall, upon completion of a review of allegations that an individual required to be registered under the Lobbyist Registration Act [25 ILCS 170] has engaged in one or more acts of sexual harassment, submit a summary of the review to the Commission.

a)         The summary of the review shall include the following:

1)         The unique tracking number of the review.

2)         A statement of whether the Inspector General determines that reasonable cause exists to believe an individual required to be registered under the Lobbyist Registration Act has engaged in one or more acts of sexual harassment and an explanation of the basis for that determination.

3)         A description of any allegations or other information received by the Inspector General pertinent to the review.

4)         A summary of investigative steps taken.  This summary need not disclose any confidential investigation techniques.

5)         If reasonable cause exists to believe there has been an act of sexual harassment, then:

A)        A description of the alleged misconduct discovered in the course of the review.

B)        The last known mailing addresses for all subjects or, if the subjects are represented by counsel, the mailing address for their counsel.

C)        The date of the last alleged violation of the Act or other State law, rule or policy giving rise to the investigation.

6)         Other information the Inspector General deems relevant to the review or resulting recommendation.

b)         If the Inspector General determines that reasonable cause exists to believe a sexual harassment violation has occurred, the Inspector General shall also provide a copy of the summary of the review and supporting documents, along with a request that the Attorney General file a complaint on behalf of the Inspector General to initiate proceedings before the Commission.

c)         If, after reviewing the documents, the Commission believes that further investigation is warranted, the Commission may request that the Inspector General provide additional information or conduct further review.

d)         If, after review, the Attorney General agrees that reasonable cause exists to believe that a violation has occurred, then the Attorney General may file a complaint with the Commission.  If the Attorney General concludes that there is insufficient evidence that a violation has occurred, the Attorney General shall notify the Commission and the Inspector General.

e)         No person who has reviewed the summary of a review with respect to which a complaint is filed by the Attorney General, or who has participated in discussions of the substance of that review, may be appointed to serve as administrative law judge with respect to the administrative proceedings arising from that review.

(Source:  Added at 42 Ill. Reg. 13550, effective June 26, 2018)