Section 150.140  Board Determination

a)         After the submission of the recommendation of the hearing examiner, the transcript (if requested by the Board), and the recommendation of the General Counsel, the Board shall make a final determination of whether the complaint was sufficiently grounded in fact and law and the determination shall be set forth in the form of a Board Order.  If the Board determines that the complaint was sufficiently grounded in fact and law, the Board shall, in its order, take whatever action it is authorized under federal or State law and deems appropriate under the circumstances to correct the matter complained of and shall provide a timeframe in which its order must be complied with and the consequences of failure to comply.  If the Board determines that the complaint is not sufficiently grounded in fact and law, and does not allege a violation of Title III of the Act, then the Board shall dismiss the complaint or refer it to the proper agency or department for consideration.  Regardless of the Board's disposition of the matter, the Board shall issue a written final order, subject to the Administrative Review Law, within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election.

b)         The Board may consider and discuss the hearing examiner's recommendation through a conference telephone call begun in open session and continued in executive session in lieu of an in-person meeting.  The consideration and discussion shall be deemed part of the hearing process.  Any action on the hearing examiner's recommendations must be taken in open session, or if taken as part of the telephonic conference call, that portion of the conference call shall be broadcast over a speaker phone or other similar device at the permanent and branch offices of the Board and that portion of the broadcast call shall be open to the media and public.

c)         All final orders shall be posted on the State Board of Elections website.  In addition, copies of the orders shall be given to the parties and be made available to the public.