§ 8A-102.5 — Alternative hearing procedure

Illinois § 8A-102.5

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 775: HUMAN RIGHTS
• Act 775 ILCS 5/: Illinois Human Rights Act.
• Art.: Article 8A - Illinois Human Rights Commission; Procedures Under Articles 2, 4, 5, 5a And 6

Text

(A) All parties shall be given the right to proceed under this Section. (B) If all parties to a complaint stipulate to proceedings under this Section, the complaint shall be resolved in the following manner: (1) The parties shall select a hearing officer by mutual agreement from a pool of hearing officers determined by the Commission. (2) The parties shall have a limited right to discovery. The methods of discovery available to the parties shall be specified in rules promulgated by the Commission. (3) If a dispositive motion is made with respect to a case, the hearing officer mutually agreed upon shall have the authority to issue a final order disposing of the complaint based upon the motion. (4) If the case proceeds to public hearing, the hearing officer mutually agreed upon shall have the authority to issue a final order disposing of the complaint based upon the pleadings and the evidence presented. The final order shall be in sufficient detail to apprise the parties as to the basis for the decisions, but need not contain detailed findings of fact and conclusions of law. (C) There is no right of appeal of orders issued under this Section. By stipulating to resolution of the complaint under this Section, the parties waive all right of appeal except for orders procured by fraud or duress. (D) Final orders issued under this Section are enforceable in the same manner as orders issued by the Commission.

Legislative History

(Source: P.A. 89-370, eff. 8-18-95.)