Section 2520.573  Filing with Chief Legal Counsel

For charges filed on or after January 1, 1996 and before January 1, 2008:

a)         A Complainant may request review by the Chief Legal Counsel of a determination by the Director to dismiss one or more allegations of a charge for:

1)         lack of substantial evidence;

2)         lack of jurisdiction;

3)         failure of a Complainant to proceed; or

4)         failure of a Complainant to accept a settlement offer.

b)        A Respondent may request review by the Chief Legal Counsel of a decision by the Director to issue a notice of default.

c)         Any request for review must be filed with the Chief Legal Counsel at the Department's Chicago office within 30 days after receipt of the Department's notice of the decision.  The Department's Electronic Filing Project (see Section 2520.40(b)) shall not apply to this Section.

d)        Neither the parties nor the Department may communicate directly or indirectly with the Chief Legal Counsel or staff attorney assigned to a request for review in connection with any issue, except in writing with copies to all parties and the Department.

e)        If resources permit, the Chief Legal Counsel shall not assign a request for review to the staff attorney who has conducted the substantial evidence review. The Chief Legal Counsel shall have sole discretion over assignment of requests for review.

f)         Proceedings on requests for review shall toll the time limitation established in Section 7A-102(G)(1) or Section 7B-102(G) of the Act from the date on which the Director's notice of dismissal or default is issued to the date on which the order of the Chief Legal Counsel of the Department is entered.

(Source:  Amended at 41 Ill. Reg. 11560, effective August 29, 2017)