Full Text of SB0061 100th General Assembly
SB0061eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 7-109.1, 7A-102, and 8-103 as follows:
| 6 | | (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)
| 7 | | Sec. 7-109.1. Administrative closure of charges Federal or | 8 | | State Court Proceedings . | 9 | | (a) For charges filed under Article 7A, if the charging | 10 | | party has initiated litigation for the purpose of seeking final | 11 | | relief in a State or federal court or before an administrative | 12 | | law judge or hearing officer in an administrative proceeding | 13 | | before a local government administrative agency, and if a final | 14 | | decision on the merits in that litigation or administrative | 15 | | hearing would preclude the charging party from bringing another | 16 | | action based on the pending charge, the Department shall cease | 17 | | its investigation and dismiss the pending charge by order of | 18 | | the Director, who shall provide the charging party notice of | 19 | | his or her right to commence a civil action in the appropriate | 20 | | circuit court or other appropriate court of competent | 21 | | jurisdiction. The Director shall also provide the charging | 22 | | party notice of his or her right to seek review of the | 23 | | dismissal order before the Commission. Any review by the |
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| 1 | | Commission of the dismissal shall be limited to the question of | 2 | | whether the charge was properly dismissed pursuant to this | 3 | | Section. Nothing in this Section shall preclude the Department | 4 | | from continuing to investigate an allegation in a charge that | 5 | | is unique to this Act or otherwise could not have been included | 6 | | in the litigation or administrative proceeding. | 7 | | (b) For charges filed under Article 7B, the The Department | 8 | | may
administratively close a charge pending before the | 9 | | Department if the issues that
which are the basis of the charge | 10 | | are being litigated in a State or federal
court proceeding.
| 11 | | (Source: P.A. 86-1343.)
| 12 | | (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
| 13 | | Sec. 7A-102. Procedures.
| 14 | | (A) Charge.
| 15 | | (1) Within 180 days after the
date that a civil rights | 16 | | violation allegedly has been committed, a
charge in writing | 17 | | under oath or affirmation may be filed with the
Department | 18 | | by an aggrieved party or issued by the Department itself
| 19 | | under the signature of the Director.
| 20 | | (2) The charge shall be in such detail as to | 21 | | substantially apprise
any party properly concerned as to | 22 | | the time, place, and facts
surrounding the alleged civil | 23 | | rights violation.
| 24 | | (3) Charges deemed filed with the Department pursuant | 25 | | to subsection (A-1) of this Section shall be deemed to be |
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| 1 | | in compliance with this subsection. | 2 | | (A-1) Equal Employment Opportunity Commission Charges. | 3 | | (1) If a charge is filed with the Equal Employment | 4 | | Opportunity Commission (EEOC) within 180 days after the | 5 | | date of the alleged civil rights violation, the charge | 6 | | shall be deemed filed with the Department on the date filed | 7 | | with the EEOC. If the EEOC is the governmental agency | 8 | | designated to investigate the charge first, the Department | 9 | | shall take no action until the EEOC makes a determination | 10 | | on the charge and after the complainant notifies the | 11 | | Department of the EEOC's determination. In such cases, | 12 | | after receiving notice from the EEOC that a charge was | 13 | | filed, the Department shall notify the parties that (i) a | 14 | | charge has been received by the EEOC and has been sent to | 15 | | the Department for dual filing purposes; (ii) the EEOC is | 16 | | the governmental agency responsible for investigating the | 17 | | charge and that the investigation shall be conducted | 18 | | pursuant to the rules and procedures adopted by the EEOC; | 19 | | (iii) it will take no action on the charge until the EEOC | 20 | | issues its determination; (iv) the complainant must submit | 21 | | a copy of the EEOC's determination within 30 days after | 22 | | service of the determination by the EEOC on complainant; | 23 | | and (v) that the time period to investigate the charge | 24 | | contained in subsection (G) of this Section is tolled from | 25 | | the date on which the charge is filed with the EEOC until | 26 | | the EEOC issues its determination. |
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| 1 | | (2) If the EEOC finds reasonable cause to believe that | 2 | | there has been a violation of federal law and if the | 3 | | Department is timely notified of the EEOC's findings by | 4 | | complainant, the Department shall notify complainant that | 5 | | the Department has adopted the EEOC's determination of | 6 | | reasonable cause and that complainant has the right, within | 7 | | 90 days after receipt of the Department's notice, to either | 8 | | file his or her own complaint with the Illinois Human | 9 | | Rights Commission or commence a civil action in the | 10 | | appropriate circuit court or other appropriate court of | 11 | | competent jurisdiction. The Department's notice to | 12 | | complainant that the Department has adopted the EEOC's | 13 | | determination of reasonable cause shall constitute the | 14 | | Department's Report for purposes of subparagraph (D) of | 15 | | this Section. | 16 | | (3) For those charges alleging violations within the | 17 | | jurisdiction of both the EEOC and the Department and for | 18 | | which the EEOC either (i) does not issue a determination, | 19 | | but does issue the complainant a notice of a right to sue, | 20 | | including when the right to sue is issued at the request of | 21 | | the complainant, or (ii) determines that it is unable to | 22 | | establish that illegal discrimination has occurred and | 23 | | issues the complainant a right to sue notice, and if the | 24 | | Department is timely notified of the EEOC's determination | 25 | | by complainant, the Department shall notify the parties | 26 | | that the Department will adopt the EEOC's determination as |
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| 1 | | a dismissal for lack of substantial evidence unless the | 2 | | complainant requests in writing within 35 days after | 3 | | receipt of the Department's notice that the Department | 4 | | review the EEOC's determination. | 5 | | (a) If the complainant does not file a written | 6 | | request with the Department to review the EEOC's | 7 | | determination within 35 days after receipt of the | 8 | | Department's notice, the Department shall notify | 9 | | complainant that the decision of the EEOC has been | 10 | | adopted by the Department as a dismissal for lack of | 11 | | substantial evidence and that the complainant has the | 12 | | right, within 90 days after receipt of the Department's | 13 | | notice, to commence a civil action in the appropriate | 14 | | circuit court or other appropriate court of competent | 15 | | jurisdiction. The Department's notice to complainant | 16 | | that the Department has adopted the EEOC's | 17 | | determination shall constitute the Department's report | 18 | | for purposes of subparagraph (D) of this Section. | 19 | | (b) If the complainant does file a written request | 20 | | with the Department to review the EEOC's | 21 | | determination, the Department shall review the EEOC's | 22 | | determination and any evidence obtained by the EEOC | 23 | | during its investigation. If, after reviewing the | 24 | | EEOC's determination and any evidence obtained by the | 25 | | EEOC, the Department determines there is no need for | 26 | | further investigation of the charge, the Department |
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| 1 | | shall issue a report and the Director shall determine | 2 | | whether there is substantial evidence that the alleged | 3 | | civil rights violation has been committed pursuant to | 4 | | subsection (D) of Section 7A-102. If, after reviewing | 5 | | the EEOC's determination and any evidence obtained by | 6 | | the EEOC, the Department determines there is a need for | 7 | | further investigation of the charge, the Department | 8 | | may conduct any further investigation it deems | 9 | | necessary. After reviewing the EEOC's determination, | 10 | | the evidence obtained by the EEOC, and any additional | 11 | | investigation conducted by the Department, the | 12 | | Department shall issue a report and the Director shall | 13 | | determine whether there is substantial evidence that | 14 | | the alleged civil rights violation has been committed | 15 | | pursuant to subsection (D) of Section 7A-102 of this | 16 | | Act. | 17 | | (4) Pursuant to this Section, if the EEOC dismisses the | 18 | | charge or a portion of the charge of discrimination | 19 | | because, under federal law, the EEOC lacks jurisdiction | 20 | | over the charge, and if, under this Act, the Department has | 21 | | jurisdiction over the charge of discrimination, the | 22 | | Department shall investigate the charge or portion of the | 23 | | charge dismissed by the EEOC for lack of jurisdiction | 24 | | pursuant to subsections (A), (A-1), (B), (B-1), (C), (D), | 25 | | (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of | 26 | | this Act. |
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| 1 | | (5) The time limit set out in subsection (G) of this | 2 | | Section is tolled from the date on which the charge is | 3 | | filed with the EEOC to the date on which the EEOC issues | 4 | | its determination.
| 5 | | (B) Notice and Response to Charge.
The Department shall, | 6 | | within 10
days of the date on which the charge
was filed, serve | 7 | | a copy of the charge on the respondent. This period shall
not | 8 | | be construed to be jurisdictional. The charging party and the | 9 | | respondent
may each file a position statement and other | 10 | | materials with the Department
regarding the charge of alleged | 11 | | discrimination within 60 days of receipt of the
notice of the | 12 | | charge. The position statements and other materials filed shall
| 13 | | remain confidential unless otherwise agreed to by the party | 14 | | providing the
information and shall not be served on or made | 15 | | available to the other
party during pendency
of a charge with | 16 | | the Department. The Department
shall
require the respondent to | 17 | | file a verified response to
the allegations contained in the | 18 | | charge within 60 days of receipt of the
notice of the
charge. | 19 | | The respondent shall serve a copy
of its response on the
| 20 | | complainant or his representative. All allegations contained | 21 | | in the charge
not timely denied by the respondent shall be | 22 | | deemed admitted, unless the
respondent states that it is | 23 | | without sufficient information to
form a belief with respect to | 24 | | such allegation. The Department may issue
a notice of default | 25 | | directed to any respondent who fails to file a
verified | 26 | | response to a charge within 60 days of receipt of the
notice of |
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| 1 | | the charge,
unless the respondent can
demonstrate good cause as
| 2 | | to why such notice should not issue. The term "good cause" | 3 | | shall be defined by rule promulgated by the Department. Within | 4 | | 30 days of receipt
of the respondent's response, the | 5 | | complainant may file a
reply to
said response and
shall serve
a | 6 | | copy of said reply on the respondent or his representative. A | 7 | | party
shall have the right to supplement his response or reply | 8 | | at any time that
the investigation of the charge is pending. | 9 | | The Department shall,
within 10 days of the date on which the | 10 | | charge was filed,
and again no later than 335 days thereafter,
| 11 | | send by certified or registered mail written notice to the | 12 | | complainant
and to the respondent
informing the complainant
of | 13 | | the complainant's right to either file a complaint with the | 14 | | Human
Rights Commission or commence a civil action in the | 15 | | appropriate circuit court
under subparagraph (2) of paragraph | 16 | | (G), including in such notice the dates
within which the | 17 | | complainant may exercise this right.
In the notice the | 18 | | Department shall notify the complainant that the
charge of | 19 | | civil rights violation will be dismissed with prejudice and | 20 | | with no
right to further proceed if a written complaint is not | 21 | | timely filed with
the Commission or with the appropriate | 22 | | circuit court by the complainant pursuant to subparagraph (2) | 23 | | of paragraph (G)
or by the Department pursuant to subparagraph | 24 | | (1) of paragraph (G).
| 25 | | (B-1) Mediation. The complainant and respondent may agree | 26 | | to voluntarily
submit the charge
to mediation without waiving |
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| 1 | | any rights that are otherwise available to
either party | 2 | | pursuant to this Act and without incurring any obligation to
| 3 | | accept the result of the mediation process. Nothing occurring | 4 | | in mediation
shall
be disclosed by the Department or admissible | 5 | | in evidence in any subsequent
proceeding unless the complainant | 6 | | and the respondent agree in writing that such
disclosure be | 7 | | made.
| 8 | | (C) Investigation.
| 9 | | (1) After the respondent has been notified, the
| 10 | | Department shall conduct a full investigation of the | 11 | | allegations set
forth in the charge.
| 12 | | (2) The Director or his or her designated | 13 | | representatives shall have
authority to request any member | 14 | | of the Commission to issue subpoenas to
compel the | 15 | | attendance of a witness or the production for
examination | 16 | | of any books, records or documents whatsoever.
| 17 | | (3) If any witness whose testimony is required for any | 18 | | investigation
resides outside the State, or through | 19 | | illness or any other good cause as
determined by the | 20 | | Director is unable to be interviewed by the investigator
or | 21 | | appear at a fact finding conference, his or her testimony | 22 | | or deposition
may be taken, within or without the State, in | 23 | | the same manner as is
provided for in the taking of | 24 | | depositions in civil cases in circuit courts.
| 25 | | (4) Upon reasonable notice to the complainant and the | 26 | | respondent,
the Department shall conduct a fact finding |
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| 1 | | conference, unless prior to
365 days after the date on | 2 | | which the charge was filed the Director has determined | 3 | | whether there is substantial evidence
that the alleged | 4 | | civil rights violation has been committed, the charge has
| 5 | | been dismissed for lack of jurisdiction, or the parties | 6 | | voluntarily and in writing agree to waive the fact finding | 7 | | conference. Any party's failure to attend the conference | 8 | | without good cause
shall result in dismissal or default. | 9 | | The term "good cause"
shall
be defined by rule promulgated | 10 | | by the Department. A notice of dismissal or
default shall | 11 | | be issued by the Director. The notice of default issued by | 12 | | the Director shall notify the respondent that a request for | 13 | | review may be filed in writing with the Commission
within | 14 | | 30 days of receipt of notice of default. The notice of | 15 | | dismissal issued by the Director shall give
the complainant | 16 | | notice of his or her right to seek review of the dismissal
| 17 | | before the Human Rights Commission or commence a civil | 18 | | action in the
appropriate circuit court. If the complainant | 19 | | chooses to have the Human Rights Commission review the | 20 | | dismissal order, he or she shall file a request for review | 21 | | with the Commission within 90 days after receipt of the | 22 | | Director's notice. If the complainant chooses to file a | 23 | | request for review with the Commission, he or she may not | 24 | | later commence a civil action in a circuit court. If the | 25 | | complainant chooses to commence a civil action in a circuit | 26 | | court, he or she must do so within 90 days after receipt of |
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| 1 | | the Director's notice.
| 2 | | (D) Report.
| 3 | | (1) Each charge shall be the
subject of a
report to the | 4 | | Director. The report shall be a confidential document
| 5 | | subject to review by the Director, authorized Department | 6 | | employees, the
parties, and, where indicated by this Act, | 7 | | members of the Commission or
their designated hearing | 8 | | officers.
| 9 | | (2) Upon review of the report, the Director shall | 10 | | determine whether
there is substantial evidence that the | 11 | | alleged civil rights violation
has been committed.
The | 12 | | determination of substantial evidence is limited to | 13 | | determining the need
for further consideration of the | 14 | | charge pursuant to this Act
and includes, but is not | 15 | | limited to, findings of fact and conclusions, as well
as | 16 | | the reasons for the determinations on all material issues. | 17 | | Substantial evidence is evidence which a reasonable mind | 18 | | accepts
as sufficient to support a particular conclusion | 19 | | and which consists of more
than a mere scintilla but may be | 20 | | somewhat less than a preponderance.
| 21 | | (3) If the Director determines
that there is no | 22 | | substantial
evidence, the charge shall be dismissed by | 23 | | order of the
Director and the Director shall give the
| 24 | | complainant notice of his or her right to seek review of | 25 | | the dismissal order before the
Commission or commence a | 26 | | civil action in the appropriate circuit court. If the |
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| 1 | | complainant chooses to have the Human Rights Commission | 2 | | review the dismissal order, he or she shall file a request | 3 | | for review with the Commission within 90 days after receipt | 4 | | of the Director's notice. If the complainant chooses to | 5 | | file a request for review with the Commission, he or she | 6 | | may not later commence a civil action in a circuit court. | 7 | | If the complainant chooses to commence a civil action in a | 8 | | circuit court, he or she must do so within 90 days after | 9 | | receipt of the Director's notice.
| 10 | | (4) If the Director determines that there is | 11 | | substantial evidence, he or she shall notify the | 12 | | complainant and respondent of that determination. The | 13 | | Director shall also notify the parties that the complainant | 14 | | has the right to either commence a civil action in the | 15 | | appropriate circuit court or request that the Department of | 16 | | Human Rights file a complaint with the Human Rights | 17 | | Commission on his or her behalf. Any such complaint shall | 18 | | be filed within 90 days after receipt of the Director's | 19 | | notice. If the complainant chooses to have the Department | 20 | | file a complaint with the Human Rights Commission on his or | 21 | | her behalf, the complainant must, within 30 days after | 22 | | receipt of the Director's notice, request in writing that | 23 | | the Department file the complaint. If the complainant | 24 | | timely requests that the Department file the complaint, the | 25 | | Department shall file the complaint on his or her behalf. | 26 | | If the complainant fails to timely request that the |
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| 1 | | Department file the complaint, the complainant may file his | 2 | | or her complaint with the Commission or commence a civil | 3 | | action in the appropriate circuit court.
If the complainant | 4 | | files a complaint with
the Human Rights Commission, the | 5 | | complainant shall give notice to the
Department of the | 6 | | filing of the complaint with the Human Rights Commission. | 7 | | (E) Conciliation.
| 8 | |
(1) When there is a finding of substantial evidence, | 9 | | the Department may designate a Department employee who is | 10 | | an attorney
licensed to practice in Illinois to endeavor to | 11 | | eliminate the effect of
the alleged civil rights violation | 12 | | and to prevent its repetition by
means of conference and | 13 | | conciliation.
| 14 | | (2) When the Department determines that a formal
| 15 | | conciliation conference is necessary, the complainant and | 16 | | respondent
shall be notified of the time and place of the | 17 | | conference by registered
or certified mail at least 10 days | 18 | | prior thereto and either or both
parties shall appear at | 19 | | the conference in person or by attorney.
| 20 | | (3) The place fixed for the conference shall be within | 21 | | 35 miles of
the place where the civil rights violation is | 22 | | alleged to have been
committed.
| 23 | | (4) Nothing occurring at the conference shall be | 24 | | disclosed by the
Department unless
the complainant and | 25 | | respondent agree in writing that
such disclosure be made.
| 26 | | (5) The Department's efforts to conciliate the matter |
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| 1 | | shall not stay or extend the time for filing the complaint | 2 | | with the Commission or the circuit court.
| 3 | | (F) Complaint.
| 4 | | (1) When the complainant requests that the Department | 5 | | file a complaint with the Commission on his or her behalf, | 6 | | the Department shall prepare a
written complaint, under | 7 | | oath or affirmation, stating the nature of the
civil rights | 8 | | violation substantially as alleged in the charge | 9 | | previously
filed and the relief sought on behalf of the | 10 | | aggrieved party. The Department shall file the complaint | 11 | | with the Commission.
| 12 | | (2) If the complainant chooses to commence a civil | 13 | | action in a circuit court, he or she must do so in the | 14 | | circuit court in the county wherein the civil rights | 15 | | violation was allegedly committed. The form of the | 16 | | complaint in any such civil action shall be in accordance | 17 | | with the Illinois Code of Civil Procedure.
| 18 | | (G) Time Limit.
| 19 | | (1) When a charge of a civil rights violation has been
| 20 | | properly filed, the Department, within 365
days thereof or | 21 | | within any
extension of that period agreed to in writing by | 22 | | all parties, shall issue its report as required by | 23 | | subparagraph (D). Any such report
shall be duly served upon | 24 | | both the complainant and the respondent.
| 25 | | (2) If the Department has not issued its report within | 26 | | 365 days after the charge is filed, or any such longer |
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| 1 | | period agreed to in writing by all the parties, the | 2 | | complainant shall have 90 days to either file his or her | 3 | | own complaint with the Human Rights Commission or commence | 4 | | a civil action in the appropriate circuit court. If the | 5 | | complainant files a complaint with the Commission, the form | 6 | | of the complaint shall be in accordance with the provisions | 7 | | of
paragraph (F)(1). If the complainant commences a civil | 8 | | action in a circuit court, the form of the complaint shall | 9 | | be in accordance with the Illinois Code of Civil Procedure. | 10 | | The aggrieved party shall notify the Department that a
| 11 | | complaint
has been filed and shall serve a copy of the | 12 | | complaint on the Department
on the same date that the | 13 | | complaint is filed with the Commission or in circuit court. | 14 | | If the complainant files a complaint with the Commission, | 15 | | he or she may not later commence a civil action in circuit | 16 | | court.
| 17 | | (3) If an aggrieved party files a complaint
with the
| 18 | | Human Rights Commission or commences a civil action in | 19 | | circuit court pursuant to paragraph (2) of this subsection, | 20 | | or if
the time period for filing a complaint has expired, | 21 | | the
Department shall immediately cease its investigation | 22 | | and
dismiss the charge of civil rights violation.
Any final | 23 | | order entered by the Commission under this Section is
| 24 | | appealable in accordance with paragraph (B)(1) of Section | 25 | | 8-111.
Failure to immediately cease an investigation and | 26 | | dismiss the charge of civil
rights violation as provided in |
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| 1 | | this paragraph
(3) constitutes grounds for entry of an | 2 | | order by the circuit court permanently
enjoining the
| 3 | | investigation. The Department may also be liable for any
| 4 | | costs and other damages incurred by the respondent as a | 5 | | result of the action of
the Department.
| 6 | | (4) (Blank) The Department shall stay any | 7 | | administrative proceedings
under this Section after the | 8 | | filing of a civil action by or on behalf of the
aggrieved | 9 | | party under any federal or State law seeking relief with | 10 | | respect to
the
alleged civil rights violation .
| 11 | | (H) This amendatory Act of 1995 applies to causes of action | 12 | | filed on or
after January 1, 1996.
| 13 | | (I) This amendatory Act of 1996 applies to causes of action | 14 | | filed on or
after January 1, 1996.
| 15 | | (J) The changes made to this Section by Public Act 95-243 | 16 | | apply to charges filed on or
after the effective date of those | 17 | | changes.
| 18 | | (K) The changes made to this Section by this amendatory Act | 19 | | of the 96th General Assembly apply to charges filed on or
after | 20 | | the effective date of those changes. | 21 | | (Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596, | 22 | | eff. 8-26-11; 97-813, eff. 7-13-12.)
| 23 | | (775 ILCS 5/8-103) (from Ch. 68, par. 8-103)
| 24 | | Sec. 8-103. Request for Review.
| 25 | | (A) Jurisdiction. The Commission,
through a panel of three |
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| 1 | | members, shall have jurisdiction to hear and
determine requests | 2 | | for review of (1) decisions of the Department to dismiss
a | 3 | | charge; and (2) notices of default issued by the Department.
| 4 | | In each instance, the Department shall be the respondent.
| 5 | | (B) Review. When a request for review is properly filed, | 6 | | the Commission
may consider the Department's report, any | 7 | | argument and supplemental evidence
timely submitted, and the | 8 | | results of any additional investigation conducted by
the
| 9 | | Department in response to the request. However, if the | 10 | | Commission is reviewing a dismissal order entered pursuant to | 11 | | subsection (a) of Section 7-109.1 of this Act, the Commission's | 12 | | review shall be limited to the question of whether the charge | 13 | | was properly dismissed pursuant to that Section. In its | 14 | | discretion, the Commission
may designate a hearing officer to | 15 | | conduct a hearing into the factual basis
of the matter at | 16 | | issue.
| 17 | | (C) Default Order. When a respondent fails to file a timely | 18 | | request
for review of a notice of default, or the default is | 19 | | sustained on review,
the Commission shall enter a default order | 20 | | and notify the parties that the complainant has the right to | 21 | | either commence a civil action in the appropriate circuit court | 22 | | to determine the complainant's damages or request that the | 23 | | Commission set a hearing on damages before one of its hearing | 24 | | officers. The complainant shall have 90 days after receipt of | 25 | | the Commission's default order to either commence a civil | 26 | | action in the appropriate circuit court or request that the |
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| 1 | | Commission set a hearing on damages.
| 2 | | (D) Time Period Toll. Proceedings on requests for review | 3 | | shall toll
the time limitation established in paragraph (G) of | 4 | | Section 7A-102 from
the date on which the Department's notice | 5 | | of dismissal or default is issued
to the date
on which the | 6 | | Commission's order is entered.
| 7 | | (E) The changes made to this Section by Public Act 95-243 | 8 | | apply to charges or complaints filed with the Department or | 9 | | Commission on or
after the effective date of those changes. | 10 | | (F) The changes made to this Section by this amendatory Act | 11 | | of the 96th General Assembly apply to charges or complaints | 12 | | filed with the Department or Commission on or
after the | 13 | | effective date of those changes. | 14 | | (Source: P.A. 95-243, eff. 1-1-08; 96-876, eff. 2-2-10.)
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