SB0110 Enrolled

LRB095 06718 RAS 26831 b






1
    AN ACT concerning education.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The State Universities Civil Service Act is 
5
amended  by changing Section 36o as follows:
 



6
    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)



7
    Sec. 36o. Demotion, removal, and discharge. After the 
8
completion of his or her  probationary period, no employee shall 
9
be
demoted, removed or discharged except for just cause, upon 
10
written charges,
and after an opportunity to be heard in his or 
11
her  own defense if he or she  makes a
written request for a 
12
hearing to the Merit Board within 15 days after the
serving of 
13
the written charges upon him or her.  Upon the filing of such a 
14
request
for a hearing, the Merit Board shall grant such hearing 
15
to be held within
45 days from the date of the service of the 
16
demotion, removal or discharge
notice by a hearing board or 
17
hearing officer appointed by the Merit Board. The members of 
18
the
hearing board or the hearing officer shall be selected from 
19
among the members of a panel
established by the Merit Board 
20
after consultation with the Advisory
Committee provided in 
21
Section 36c. The hearing board or hearing officer shall make 
22
and
render findings of facts on the charges and transmit to the 
23
Merit Board a
transcript of the evidence along with the hearing 
 


 






SB0110 Enrolled
- 2 -
LRB095 06718 RAS 26831 b




1
board's or hearing officer's
its findings of fact. The findings 
2
of
the hearing board or hearing officer when approved by the 
3
Merit Board shall be certified to
the employer. If cause for 
4
demotion, removal or discharge is found, the
employee shall be 
5
immediately separated from the service. If cause is not
found, 
6
the employee shall forthwith be reassigned to perform the 
7
duties of
a position in his or her  classification without loss 
8
of compensation. In the
course of the hearing, the Director of 
9
the Merit Board shall have power to
administer oaths and to 
10
secure by subpoena the attendance and testimony of
witnesses 
11
and the production of books and papers relevant to the inquiry.

12
    The provisions of the Administrative Review Law and all 
13
amendments and
modification thereof, and the rules adopted

14
pursuant thereto, shall apply to and govern all proceedings for 
15
the
judicial review of final administrative decisions of the 
16
Merit Board hereby
created. The term "administrative decision" 
17
is defined as in Section 3-101
of the Code of Civil Procedure.

18
(Source: P.A. 82-783.)

 

19
    Section 99. Effective date. This Act takes effect upon 
20
becoming law.