Section 5300.220  Access to Commission Records

a)         Request for Review Records – Except as otherwise provided in this Part, the record in every pending charge considered by the Commission on a request for review shall be confidential and not subject to public disclosure, provided that the parties to such a charge and the Department shall be allowed access to the record upon making suitable arrangements therefor at any time after final disposition by the Commission of the request for review.

b)         Hearing Records – The official record in every Complaint before the Commission or an Administrative Law Judge shall consist of the charge, Complaint, and notice of public hearing, and all subsequent pleadings, notices, motions, evidence received, and statements of matters officially noticed, offers of proof and objections and rulings thereon, transcripts, briefs and memoranda received from the parties or the Department for the consideration of the Commission or Administrative Law Judge, orders and decisions and exceptions and responses thereto, and amendments to any of the above.  The official record (except such evidence as is placed under protective order by the Administrative Law Judge or the Commission) shall be available for public inspection upon making appropriate arrangements with the Commission employee having custody of such record, at any time after issuance of the notice of hearing.  The parties shall have access to the entire official record.

c)         Retention of Records – The Commission shall maintain in its offices all files available for inspection by the public or a party pursuant to subsections (a) and (b), for the full period during which such file is active and for an additional period of at least two years from the date when all proceedings (including any proceedings pursuant to the Administrative Review Law [735 ILCS 5/Art. III]) have been disposed of.  Final Orders and Decisions of the Commission, Final Orders of Administrative Law Judges in cases under the alternative hearing procedure, and Orders pursuant to requests for review will be retained as part of the permanent record of the Commission.

d)         Copies – The Commission shall not provide copies of documents that are available for inspection by any person under this Subpart B, except to the extent that extra copies may exist in the Commission's files.

e)         Place of Inspection – Inspection of any files or documents which are available for that purpose shall be permitted only at the office of the Commission at which such file or document is maintained.

(Source:  Amended at 46 Ill. Reg. 17343, effective October 5, 2022)