Section 50.110 Record of Hearings and General Procedural Rules

Section 50

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 shall be signed in ink by the party

filing them or by his representative and contain the address and telephone

number of the party, or, if represented, the name, business address and

telephone number of such representative.

2)         Copies of all filed documents shall be served on all known

parties to proceedings, and notice of such service shall be given to the

Commission.

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

"receipt" is herein 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.  If the last date for filing falls upon a

weekend or legal holiday, the last date for filing is the first business day

following such weekend or legal holiday.

b)         Notice

Notice to a

designated representative is notice to his/her client.  Notice to an employee

who is not represented shall be served at the address specified in the

employee's appeal or, in the absence of such specification, to the last address

shown in the employee's personal file. Notice shall be served at the General

Law Division of the Attorney General's Office with a copy sent to the Division

or Department Head, and to the Director of Personnel.

c)         Time of Hearing

The Commission

shall grant the parties a hearing within 45 calendar days following actual, in

hand receipt of a written request for hearing, except for cases involving

position allocation, geographical transfer, and violation appeals.

Geographical transfer, violation, and allocation appeal hearings shall be

granted within 60 calendar days after receipt of a request for hearings

me of Hearing

The Commission

shall grant the parties a hearing within 45 calendar days following actual, in

hand receipt of a written request for hearing, except for cases involving

position allocation, geographical transfer, and violation appeals.

Geographical transfer, violation, and allocation appeal hearings shall be

granted within 60 calendar days after receipt of a request for hearings.

d)         Conduct of Hearings

All

disciplinary hearings shall be public, but individuals displaying disruptive

behavior may be barred.  Each party may call witnesses to testify in his/her

own behalf and to have the aid of counsel at his/her own expense.  The

respective parties may cross-examine opposing witnesses and present documentary

and demonstrative evidence.  The hearing need not be conducted according to the

technical rules relating to evidence and witnesses.  (See Section 10-40 of the Illinois

Administrative Procedure Act [5 ILCS 100/10-40].)

e)         Motions

1)         If any party objects to the written charges, or other matters,

the Commission favors the practice of submitting motions outlining such

objections prior to the date of the hearing.

2)         The motion shall point out specifically the defects complained

of, and shall 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, and so forth.

The Hearing Officer shall rule and enter an appropriate order either to permit

or require pleading over or amending or terminating the matter in the whole or

in part.

f)         Continuances and Extensions

1)         The Commission or a Hearing Officer appointed by it to conduct

a hearing may, at its discretion, for good cause shown, on timely motion, after

notice to the opposite party, extend the time for filing any pleading or

documents or may continue the date of a scheduled hearing for a limited period

or terminating the matter in the whole or

in part.

f)         Continuances and Extensions

1)         The Commission or a Hearing Officer appointed by it to conduct

a hearing may, at its discretion, for good cause shown, on timely motion, after

notice to the opposite party, extend the time for filing any pleading or

documents 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)         The granting of a request for continuance by the employee in a

discharge appeal will constitute a voluntary waiver by him/her of any claim to

compensation for the period of such continuance if he/she is ordered retained

in his/her position.

g)         Request for List of Witnesses

Upon timely

request made, either party must furnish to the other party a list of the names

and addresses of prospective witnesses.

h)         Right to Inspect and Interview

Any party or

their 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 employer.

i)          Appearances of Witnesses

1)         The Commission Chairman and Commissioners are authorized to

issue subpoenas for those witnesses or documents as may be required by any

party.  Subpoenas duces tecum shall specify the books, papers, and accounts or

documents desired to be produced.  The appearance of a party or agent and/or

employee of a party, may be secured by merely serving the party with written

notice designating the persons required to appear.  For good cause shown the

Hearing Officer on motion may quash or modify any subpoena or notice

required by any

party.  Subpoenas duces tecum shall specify the books, papers, and accounts or

documents desired to be produced.  The appearance of a party or agent and/or

employee of a party, may be secured by merely serving the party with written

notice designating the persons required to appear.  For good cause shown the

Hearing Officer on motion may quash or modify any subpoena or notice.

2)         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 such investigation or hearing or who shall knowingly

give false testimony in relation to any investigation or hearing under the Code

shall be guilty of a misdemeanor.

(Section 15 of the Code)

j)          Pre-Hearing

Conference

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

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

appear as the Hearing Officer directs to consider:

A)        The simplification of the issue;

B)        Amendment to the charges;

C)        The possibility of obtaining admissions and stipulations of

fact and of documents to avoid unnecessary proof;

D)        The limitation of the number of expert witnesses;

E)        Any other matters that may aid in the disposition of the

action.

2)         The Hearing Officer shall make an order reciting any action

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

and the issues to be heard.

k)         Written Interrogatories

1)         Any party may direct written interrogatories to any other

party. Interrogatories shall be restricted to the subject matter of the

particular case.

2)         Within a reasonable time period after the service of the

interrogatories an answer or objection shall be made to each interrogatory.  If

an 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

s to any other

party. Interrogatories shall be restricted to the subject matter of the

particular case.

2)         Within a reasonable time period after the service of the

interrogatories an answer or objection shall be made to each interrogatory.  If

an 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.

l)          Depositions

Upon order of

the Hearing Officer, the Commission, its Hearing Officer, or any party may

cause a deposition of any witness to be taken for use in a Commission

proceeding as evidence.  The deposition shall be taken in the manner provided

by law for depositions in civil actions in the courts of this state.

m)        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.

Copies of the documents shall be served with the request unless copies have

already been furnished.  Failure to answer such request within a reasonable

time shall be deemed as an admission of all items contained in the request.

n)         Opening and Closing Statements

Upon the

opening of the hearing, the Hearing 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 incorporating

arguments of fact and law.  The form of the closing statement shall be at the

discretion of the Hearing Officer.

o)         Examination of Adverse Party or Agent

In the hearing

of any case, any party or his agent may be called and examined as if under

cross-examination at the instance of any adverse party

ing, each

side may make a closing statement orally and/or by written brief incorporating

arguments of fact and law.  The form of the closing statement shall be at the

discretion of the Hearing Officer.

o)         Examination of Adverse Party or Agent

In the hearing

of any case, any party or his agent may be called and examined as if under

cross-examination at the instance of any adverse party.  The party calling for

the examination is not concluded thereby, but may rebut the testimony thus

given and may impeach the witness by proof of prior inconsistent statement.

p)         Hostile Witness

If the Hearing

Officer determines that a witness is hostile or unwilling, the witness may be

examined by the party calling him/her as if under cross-examination.  The party

calling an occurrence witness may, upon showing that he/she called the witness

in good faith but is surprised by his/her testimony, impeach the witness by

proof of prior inconsistent statements.

q)         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 or fails to comply with this Part, or with any order of the Merit

Commission or its Hearing Officer, the hearing authority may enter such adverse

finding, order, or decision as may be necessary to insure just disposition of

the matter.

r)          Record of Proceedings

In all

hearings, other than informal allocation conferences, held before the

Commission or a Hearing Officer duly appointed by the Commission to conduct those

hearings, the Department or Division that is a party thereto shall arrange for

a record of the proceedings to be made, transcribed, and filed in the Office of

the Commission

disposition of

the matter.

r)          Record of Proceedings

In all

hearings, other than informal allocation conferences, held before the

Commission or a Hearing Officer duly appointed by the Commission to conduct those

hearings, the Department or Division that is a party thereto shall arrange for

a record of the proceedings to be made, transcribed, and filed in the Office of

the Commission.

s)         Proposed Decision and Responses

1)         In every contested case, the Hearing Officer shall prepare a

proposal for decision that shall be forwarded to the parties at least 10

calendar days prior to the Commission meeting to allow the filing of written

exceptions and legal arguments prior to the Commission rendering a final

decision.

2)         Five copies of any such response must be received by the

Commission at least 72 hours prior to the meeting at which a decision is

scheduled to be rendered.  For purposes of this subsection only

"receipt" is defined as "actual, in-hand receipt".