Illinois Administrative Code

Section 1.147 Appeal Hearing File After an appeal to the Commission has been filed, the Commission will establish an appeal file containing all documents pertinent to the appeal. Either party to the appeal may inspect the file during regular business hours in the office of the Co…

Section 1.150 Filing Procedure − Computation of Time a) Filing and Form of Papers 1) The original copy of a complaint, appeal, pleading, written motion, notice or other paper must be filed in the Springfield office of the Commission. If the last day for filing falls upon a weeken…

Section 1.154 Notice, Time and Place of Hearing Disciplinary hearings shall be scheduled within 30 days after the request for hearing is filed with the Commission. At least 10 days notice of the time and date of the first hearing shall be given to all parties. This may, however, …

Section 1.158 Public Hearing − Recording − Confidentiality a) All hearings shall be open to the public, except as otherwise provided in subsection (b). b) Upon motion of either party, the hearing may be closed to the public when testimony or exhibits would refer to and reveal mat…

Section 1.160 Disciplinary Charges and Amendments a) Charges must be specific enough to apprise the employee of the nature and substance of the cause alleged for discharge. Written charges approved by the Director of Central Management Services seeking an employee's discharge, de…

Section 1.170 Level of Discipline In determining the appropriate level of discipline, the Commission shall consider the nature of the offense, the employee's performance record, including disciplinary history, the employee's length of continuous service, and other relevant factor…

Section 1.180 Conduct of Hearings (Repealed) (Source: Repealed at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.190 Subpoena − Fees and Mileage of Witnesses a) Upon written request by a party to a contested case, the Commission will issue a subpoena for attendance of a witness or production of books, papers, documents or other tangible things at a hearing or deposition if the par…

Section 1.200 Authority of Administrative Law Judge The Administrative Law Judge has the authority to conduct a hearing, take all necessary action to avoid delay, maintain order, and insure the development of a clear and complete record. The Administrative Law Judge shall have al…

Section 1.205 Motions a) Unless made orally on the record during a hearing, all motions shall be in writing and shall briefly state the order or relief requested and the specific grounds upon which relief is sought. Motions based on a matter that does not appear on record shall b…

Section 1.210 Extensions of Time − Continuances of Hearing − Waivers of Compensation for Continuances a) The Commission, or an Administrative Law Judge appointed by it to conduct a hearing, may, for good cause shown on timely motion after notice to the opposite party, extend the …

Section 1.212 Consolidation Two or more appeals may be consolidated on motion of either party or the Administrative Law Judge when the cases involve common issues of law or fact, consolidation would not prejudice the rights of the parties, and consolidation would result in the ef…

Section 1.216 Qualification of Administrative Law Judge An Administrative Law Judge shall possess a license to practice law in the State of Illinois. (Source: Added at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.218 Disqualification of Administrative Law Judge a) An Administrative Law Judge assigned to a proceeding may, upon written request to and approval of the Executive Director, recuse himself or herself therefrom. b) Whenever any party believes an Administrative Law Judge …

Section 1.220 Discovery The Commission does not facilitate the exchange of discovery information between or among the parties. Discovery is a process primarily conducted between or among the parties. Discovery shall be attained through the following methods: a) Bill of Particular…

Section 1.222 Evidence Depositions Upon order of the Administrative Law Judge, a deposition of any witness may be taken for use as evidence in a Commission proceeding. The depositions may be taken in the manner provided by law for depositions in civil actions in the courts of thi…

Section 1.224 Prehearing Conference a) Upon written notice by the Administrative Law Judge in any proceeding, parties or their representatives may be directed to appear in person or by telephone or other electronic means at a specified time and place for a conference, prior to or…

Section 1.226 Stipulations The parties to any proceeding may, by stipulation in writing filed with the Commission or entered orally in the record, agree upon the facts or any part of the facts involved in the proceeding. It is the policy of the Commission to encourage stipulation…

Section 1.230 Default Failure of a party to appear on the date set for hearing, or failure to file materials or submissions required by this Part or by order of the Administrative Law Judge or Commission, shall constitute a default. The Administrative Law Judge may, upon motion o…

Section 1.232 Burden of Proof a) The proponent of any matter asserted shall have the burden of proof to establish by a preponderance of evidence that the matter asserted is more probably true than not true. b) When a party has the burden of proof and establishes the matter assert…

Section 1.233 Evidence a) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. However, evidence not admissible under those rules of evidence may…

Section 1.234 Hostile Witness If the Administrative Law Judge determines that a witness is hostile or unwilling, examination of the witness by the calling party may be conducted as if under cross-examination. The party calling an occurrence witness may, upon showing the witness w…

Section 1.235 Exhibits a) Marking − All exhibits shall be marked by a court reporter designated to record the hearing in numerical order with a party designation. b) Designation of Part of Document as Evidence − When relevant material matter offered into evidence is included in a…

Section 1.236 Order of Hearing a) The Administrative Law Judge shall open the hearing by explaining the procedure to be followed in the hearing. Upon motion of either party or at the discretion of the Administrative Law Judge, any or all witnesses may be sequestered. b) Prelimina…

Section 1.237 Hostile Witness (Renumbered) (Source: Section 1.237 renumbered to Section 1.234 at 34 Ill. Reg. 3485, effective March 3, 2010)

Section 1.240 Interlocutory Appeal When in the course of a hearing the Administrative Law Judge finds a question of law, fact or policy that if resolved by the Commission will materially advance the resolution of the dispute, the Administrative Law Judge, on his or her own motion…

Section 1.250 Past Work Record (Repealed) (Source: Repealed at 34 Ill. Reg. 3485, effective March 3, 2010)

Section 1.260 Oral Argument Before the Commission Oral argument in contested cases will not be allowed before the Commission unless novel and precedent setting questions of law or policy are at issue. Argument by interested parties shall be requested by motion to the Commission w…

Section 1.270 Authority of Commission Regarding Orders and Proposals for Decision of the Administrative Law Judge a) The Commission shall have the authority to affirm, reverse or modify the proposal for decision of the Administrative Law Judge, or remand the matter to the Adminis…

Section 1.280 Record of Proceedings a) Whenever a hearing is held under the Personnel Code or this Part, it shall be recorded by a court reporter or other means that adequately preserves the record. The Administrative Law Judge or Commission may order that any recording be transc…

Section 1.290 Remandment Until the decision in a case is final, the Commission may remand it to the Administrative Law Judge for the purpose of taking additional evidence or soliciting additional argument or for any other reason that will assist the Commission in rendering its fi…

Section 1.300 Administrative Review All final decisions of the Commission shall be subject to appeal by the parties to the proceedings under the Administrative Review Law [735 ILCS 5/Art. III] by the filing of a complaint and the issuance of summons within 35 days from the date t…

Section 1.310 Personnel Rules The Commission has power to disapprove new rules or amendments to existing rules submitted by the Director of Central Management Services. Such proposed new rules or amendments of existing rules submitted to the Commission shall be accompanied by a r…

Section 1.320 Classification Plan (Renumbered) (Source: Section 1.320 renumbered to Section 1.45 at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.330 Collective Bargaining Agreements (Renumbered) (Source: Section 1.330 renumbered to Section 1.141 at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.340 Jurisdiction B Exemptions (Renumbered) (Source: Section 1.340 renumbered to Section 1.142 at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.350 Orders of Compliance (Renumbered) (Source: Section 1.350 renumbered to Section 1.143 at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.40 Procedures Before the Commission (Repealed) (Source: Repealed at 19 Ill. Reg. 12451, effective August 21, 1995)

Section 1.45 Classification Plan The Commission will review the class specifications requiring Commission approval under the Classification Plan and will approve those that meet the requirements of the Personnel Code and Personnel Rules and conform to the following accepted princ…

Section 1.50 Ex Parte Communications a) Except in the disposition of matters they are authorized by law to entertain or dispose of on an ex parte basis, commission members, employees and Administrative Law Judges shall not, after notice of hearing in a contested case, communicate…

Section 1.80 Declaratory Rulings a) Upon petition from an interested or affected person or agency, the Commission may make declaratory rulings as to material questions involving the applicability and interpretation of the Personnel Code, the Personnel Rules (80 Ill. Adm. Code 301…

Section 1.90 Allocation Appeals Procedure a) An employee shall, within 15 days after receipt of the Director of the Department of Central Management Services' decision on reconsideration, serve notice upon the Commission of his or her intent to appeal the reconsideration decision…

Section 50.10 Meetings of the Merit Commission a) Notice of the date, time, and place of any meetings of the Merit Commission--regular, special, or otherwise – called by the Chairman of the Commission shall be in writing and a copy thereof delivered to each member, the Secretary …

Section 50.100 Personnel Code and Personnel Rule Violations a) A certified employee who believes that a personnel transaction has been falsely labeled in an attempt to deprive the Commission of its lawful jurisdiction, or who believes that a personnel transaction adversely affect…

Section 50.110 Record of Hearings and General Procedural Rules a) Filing and Form of Papers 1) The original copy of any complaint, appeal, pleading, written motion, notice or other documents shall be on 8½ x 11 paper and shall be filed in the Office of the Commission. Documents s…

Section 50.120 Authority of the Hearing Officer The Hearing Officer appointed by the Commission shall have the authority to conduct hearings in accordance with generally recognized administrative law precepts, and in connection therewith to hold pre-hearing conferences, to admini…

Section 50.130 Authority of Commission Over Hearing Officer a) Until the decision in a case is final, if the Commission determines, by majority vote, that an error made by the hearing officer necessitates obtaining additional evidence in order to correct the error, the Commission…

Section 50.140 Administrative Review When the Commission renders a final decision any party affected thereby is entitled to have such decision reviewed by the Circuit Court under the "Code of Civil Procedure" (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et seq.) by filing a complai…

Section 50.150 Extension of Hearing Dates Pursuant to the powers vested in him by Public Act 101-640, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extend…

Section 50.20 Classification Plan a) The Commission will review the class specifications requiring Commission approval under the Classification Plan and will approve those which meet the requirements of the Secretary of State Merit Employment Code ("Code") (Ill. Rev. Stat., ch. 1…