Section 100.60 Appeals, Filing Requirements and Hearings

Section 100

Section 100.60  Appeals,

Filing Requirements and Hearings

a)         Filing Requirements

1)         A certified employee who has been served with written charges

approved by the Director for removal, discharge, demotion or suspension for a

period of more than 30 days within a 12-month period, or any certified employee

or any employee exempt from Jurisdiction B served with an approved order for

geographical transfer, may appeal to the Merit Commission, provided the appeal

is made in writing and received by the Commission within 15 days after service

of the approved charges, or in the case of geographical transfer, within 15

days of the date the employee is required to report to the new location.

2)         Any employee affected by the allocation of a position to a

class may appeal to the Commission, provided that the employee has requested

and received a reconsideration decision from the Director, and that the appeal

to the Commission is received within 15 days after service of the Director's

reconsideration decision.

3)         For the purpose of determining the timeliness of filing only,

"receipt" is defined to mean either personal delivery or date of

postmark when deposited in the U. S. mail, in a sealed envelope, with postage

prepaid, and properly addressed. Holidays, Saturdays and Sundays will be

excluded from computing filing dates if the last day for filing falls upon a

weekend or legal holiday, in which event the last date for filing would be the

first business day following the weekend or legal holiday.

b)         Time of Hearing

Within 30 days following actual receipt of a written request

for hearing, except in position allocation and geographical transfer appeals,

the Commission shall grant the parties a hearing. Hearings concerning

geographical transfer and allocation appeals shall be granted as soon as

practicable after receipt of a request for hearing

lowing the weekend or legal holiday.

b)         Time of Hearing

Within 30 days following actual receipt of a written request

for hearing, except in position allocation and geographical transfer appeals,

the Commission shall grant the parties a hearing. Hearings concerning

geographical transfer and allocation appeals shall be granted as soon as

practicable after receipt of a request for hearing.

c)         Appeal Hearing File

After a charge has been filed with the Commission, a hearing

file shall be established which shall contain all documents pertinent to the

charge.  Either party to the hearing may inspect the file during regular

business hours in the Office of the Commission.

d)         Conduct of Hearing

All disciplinary hearings shall be public. Parties may call

witnesses to testify in their behalf and have the aid of counsel or other

representation at their expense. Parties may cross-examine opposing witnesses

and present documentary and demonstrative evidence. Hearings shall be conducted

in accordance with the contested case provisions of the Illinois Administrative

Procedure Act.

e)         Filing Procedure - Computation of Time

1)         Filing and Form of Papers

A)        The original complaint, appeal, pleading, written motion,

notice or other papers, except for responses to proposed decisions which is

governed by Section 100.110(b), must be filed in the Office of the Commission.

B)        Papers shall be signed in ink by the party filing the papers or

by the party's representative and contain the address of the party, or if

represented, the name, business address and telephone number of the

representative.  The party filing papers shall be responsible for service of

the papers on all parties to the proceedings, and notice of service shall be

given to the Commission.

C)        Each document shall show on the first page the caption and case

number assigned by the Commission and shall identify the party on whose behalf

the document is filed

iness address and telephone number of the

representative.  The party filing papers shall be responsible for service of

the papers on all parties to the proceedings, and notice of service shall be

given to the Commission.

C)        Each document shall show on the first page the caption and case

number assigned by the Commission and shall identify the party on whose behalf

the document is filed.  The final page of each filed document shall contain the

name, address and telephone number of counsel, other representative or the

party if the party is self-represented.

2)         Computation of Time

Whenever a time period commences upon a person's receipt of

service or notice and service is by mail, receipt shall be deemed to have

occurred on the 4th day after mailing.

3)         Filing by Facsimile

Filings may be by facsimile if done in accordance with all

other rules in this Part, provided that within 5 days after the day of filing

by facsimile, the original document is filed at the Office of the Commission.

f)         Notice

Notice to a designated representative is notice to the

client. Notice to an employee who is not represented shall be served at the

address specified in the employee's filing or, in the absence of such

specification, to the last address shown in the employee's personnel file. A

copy of the notice shall be sent to the Department Head, except in cases of allocation

appeals notice shall be sent to the Director.