Section 100.70 Disciplinary Hearings

Section 100

Section 100.70  Disciplinary

Hearings

a)         Charges

1)         Written charges approved by the Director seeking an employee's

discharge, demotion or suspension totaling more than 30 days in any 12-month

period shall contain a specific statement of facts which allege the cause for

the proposed action sought against the employee. If a breach of a statutory

duty or a rule of the agency is alleged, the statute or rule shall be cited in

connection with the charge.

2)         Charges shall be set forth in separately numbered paragraphs

and contain the dates, names of persons, places and facts necessary to properly

allege cause. Charges must be specific enough to apprise the employee of the

nature and substance of the cause alleged for the disciplinary action.

b)         Motion Objecting to Charges

1)         If any party objects to the written charges, motions outlining

the objections shall be submitted at least 10 days prior to the date of

hearing.

2)         The motion specifically shall point out any defects and ask

for appropriate relief, such as:  that the action be dismissed, or that a

charge be made more definite and certain in a specified particular, or that

designated immaterial matter be stricken. After ruling on the motion, the

Hearings Officer may enter an appropriate order either to permit or require

pleading over or amending or terminating the matter in whole or in part.

c)         Continuances

1)         The Commission, or a Hearings Officer appointed by it to

conduct a hearing, may, for good cause shown on timely motion, after notice to

the opposite party, extend the time for filing any pleading or papers or may

continue the date of a scheduled hearing for a limited period.

2)         Motions for extensions or continuances are not timely unless

asserted at least 48 hours prior to the time scheduled for filing or hearing

except for emergencies

t to

conduct a hearing, may, for good cause shown on timely motion, after notice to

the opposite party, extend the time for filing any pleading or papers or may

continue the date of a scheduled hearing for a limited period.

2)         Motions for extensions or continuances are not timely unless

asserted at least 48 hours prior to the time scheduled for filing or hearing

except for emergencies.

3)         Granting a request for continuance by the employee in a

discharge appeal will constitute a voluntary waiver of any claim to

compensation for the period of the continuance if the employee is ordered

retained or reinstated, except where the complainant files a timely request for

continuance and the request for continuance is a result of failure by the

respondent to respond in a timely manner prior to the hearing date.

d)         Request for List of Witnesses

Upon timely request, either party must furnish to the other

party a list of names and addresses of prospective witnesses.

e)         Right to Inspect and Interview

Any party or the party's representative shall have the right,

upon timely motion, to inspect any relevant documents in the possession of or

under the control of any other party and to interview employees having

knowledge of relevant facts. Interviews of employees and inspection of

documents shall be at times and places reasonable for the employee and for the

appointing power.

f)         Appearance of Witnesses and Issuance of Subpoenas

1)         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 objects at a hearing or deposition.

Subpoena forms may be obtained by applying to the Office of the Commission.

2)         The cost of service and witness and mileage fees shall be

borne by the person requesting the subpoena.  Witness and mileage fees shall be

the same as are paid witnesses in the circuit courts of the State of Illinois

production of

books, papers, documents or other tangible objects at a hearing or deposition.

Subpoena forms may be obtained by applying to the Office of the Commission.

2)         The cost of service and witness and mileage fees shall be

borne by the person requesting the subpoena.  Witness and mileage fees shall be

the same as are paid witnesses in the circuit courts of the State of Illinois.

3)         The person requesting a subpoena shall be responsible for its

service. A subpoena shall be served reasonably in advance of its return date.

The subpoena shall state the telephone number and address of the person

initiating its issuance and shall identify the person or evidence subpoenaed

and the person to whom and the place, date and time at which it is returnable.

4)         Within 5 days after service of a subpoena on any person, the

person may file a petition to quash or modify the subpoena, stating reasons in

support of such relief.  A copy of the petition shall be served at the same

time on the person serving the subpoena.  Whenever a petition to quash a

subpoena is properly filed under this Section, the petitioner shall not be

required to respond to the subpoena until the petition has been ruled upon.

5)         Any witness subpoenaed for a deposition may be required to

attend only in the county in which he or she resides or is employed or

transacts business in person or, in the case of a petitioner, in the county in

which the action is pending or, for good cause shown, in any other place

ordered by the Hearings Officer.

6)         Whenever any person shall knowingly fail or refuse to comply

with a subpoena served in accordance with this Section, the party serving the

subpoena or the Commission shall petition the circuit court pursuant to the

Code for an order enforcing the subpoena

oner, in the county in

which the action is pending or, for good cause shown, in any other place

ordered by the Hearings Officer.

6)         Whenever any person shall knowingly fail or refuse to comply

with a subpoena served in accordance with this Section, the party serving the

subpoena or the Commission shall petition the circuit court pursuant to the

Code for an order enforcing the subpoena.

The Code provides that any person who shall fail to appear in

response to a subpoena or to answer any question or produce any books or papers

pertinent to any investigation or hearing or who shall knowingly give false

testimony shall be guilty of a misdemeanor.

7)         The appearance of a party or agent or employee of a party may

be secured by merely serving the party with written notice designating the

persons required to appear.

g)         Pre-Hearing Conference

1)         In any action, the Hearings Officer may hold a pre-hearing

conference. At the conference, the parties, or their representative, shall

appear as the Hearings Officer directs to consider:

A)        Simplification of the issues;

B)        Amendments to the charges;

C)        Possibility of obtaining admissions and stipulations of fact

and of documents which will avoid unnecessary proof;

D)        Limitation of the number of expert witnesses;

E)        Pending motions; or

F)         Other matters which may aid in the disposition of the action.

2)         The Hearings Officer shall make an order which recites the

action taken, any agreement made by the parties as to the matters considered

and issues to be heard.

h)         Written Interrogatories

1)         Any party may direct written interrogatories to any other

party, provided that the interrogatories are served 14 days prior to the

scheduled hearing date or any continued hearing date. Interrogatories shall be

restricted to the subject matter of the particular case

y agreement made by the parties as to the matters considered

and issues to be heard.

h)         Written Interrogatories

1)         Any party may direct written interrogatories to any other

party, provided that the interrogatories are served 14 days prior to the

scheduled hearing date or any continued hearing date. Interrogatories shall be

restricted to the subject matter of the particular case.

2)         Within 14 days after the service of the interrogatories, an

answer or objection shall be made to each interrogatory. If any answer may be

obtained from a document in the possession or control of a party, it shall be

sufficient to specify that document as an answer.

3)         Answers to interrogatories may be used in the same manner in

Commission proceedings as depositions.

i)          Depositions

Upon order of the Hearings Officer, a deposition of any

witness may be taken for use in a Commission proceeding. The deposition may be

taken in the manner provided by law for depositions in civil actions in the

courts of this State.

j)          Written Admissions

A party may serve on any other party a written request for

the admission by the latter of the truth of any specified relevant fact set

forth in the request, or for the admission of genuineness of any relevant

documents described in the request, provided that the request is served 14 days

prior to the scheduled hearing date or any continued hearing date. Copies of

the documents shall be served with the request unless copies have already been

furnished. Failure to answer the request within a 14-day period or any

extensions granted shall be deemed as an admission of all items contained in

the request.

k)         Opening and Closing Statements

Upon the opening of the hearing, the Hearings Officer may

allow the petitioner and the respondent to make opening statements

nts shall be served with the request unless copies have already been

furnished. Failure to answer the request within a 14-day period or any

extensions granted shall be deemed as an admission of all items contained in

the request.

k)         Opening and Closing Statements

Upon the opening of the hearing, the Hearings Officer may

allow the petitioner and the respondent to make opening statements. Upon the

close of the hearing, each side may make a closing statement orally and/or by

written brief at the discretion of the Hearings Officer, incorporating

arguments of fact and law.

l)          Examination of Adverse Party or Agent

In the hearing of any case, any party or the party's agent

may be called and examined as if under cross-examination at the instance of any

adverse party. The party calling for the examination may rebut the testimony

thus given and may impeach the witness by proof of prior inconsistent

statements.

m)        Hostile Witnesses

If the Hearings Officer determines that a witness is hostile

or unwilling, the witness may be examined by the party calling the witness as

if under cross-examination. The party calling an occurrence witness may, upon

showing that the witness was called in good faith but that the party is

surprised by the witness' testimony, impeach the witness by proof of prior

inconsistent statements.

n)         Failure to Comply with Orders or Rules

If a party, or any person at the instance of or in collusion

with a party, unreasonably refuses to comply with these rules, the Hearings

Officer may enter such adverse finding, order or decision as may be necessary

to insure just disposition of the matter.