Illinois General Assembly - Illinois Compiled Statutes

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775 ILCS 5/8-106.1

(775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)

Sec. 8-106.1. Summary Decision.

(1) At any time after the service of a
complaint and prior to service of a decision pursuant to Section 8A-102(I) or 8B-102(J),
complainant or respondent may move with or without supporting affidavits
for a summary order in the moving party's favor as to all or any part of
the relief sought.  A hearing officer may
not preclude the filing of said motion except within the 60-day period prior to
hearing on the merits of the complaint.

(2) Procedure. The non-moving party may file counteraffidavits prior to
the time of the ruling on the motion.  The hearing officer shall decide the
motion
without delay and shall grant it if the pleadings and affidavits, if any,
show that there is
no genuine issue as to any material fact and that the moving party is
entitled to a recommended order as a matter of law.  The term "without delay"
shall be defined by rule promulgated by the Commission.  An interim summary
recommended order, interlocutory in character, may be rendered on the issue
of liability alone although there is a genuine issue as to the relief to be
awarded.

(3) Affidavits or Motions Made in Bad Faith.  If it appears to the
satisfaction of
the hearing officer at any time that any affidavit or motion presented pursuant
to
this Section is presented in bad faith or solely for the purpose of delay,
the hearing officer may recommend that the party employing the use of
affidavits for dilatory purposes shall pay to the
other party the amount of reasonable expenses incurred as a result of the
filing of the affidavit or motion, including reasonable attorney's fees.

(Source: P.A. 101-661, eff. 4-2-21.)