# 80 Ill. Adm. Code 100.60: Section 100.60 Appeals, Filing Requirements and Hearings

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T80_P100_S100_60

## Section

- **Citation:** 80 Ill. Adm. Code 100.60
- **Heading:** Section 100.60 Appeals, Filing Requirements and Hearings
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 80 PUBLIC OFFICIALS AND EMPLOYEES / CHAPTER III: STATE COMPTROLLER / Part 100 MERIT COMMISSION RULES / Section 100.60 Appeals, Filing Requirements and Hearings

## Text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T80_P100_S100_60. Check the current official text before relying on it. Not legal advice.