Bill Amendment: IL SB0021 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HUMAN RIGHTS COMM-REHEARING

Status: 2018-12-19 - Public Act . . . . . . . . . 100-1154 [SB0021 Detail]

Download: Illinois-2017-SB0021-Senate_Amendment_001.html

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Sen. Heather A. Steans

Filed: 11/7/2018

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AMENDMENT TO SENATE BILL 21
AMENDMENT NO. ______. Amend Senate Bill 21 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Human Rights Act is amended by
changing Sections 8A-103 and 8B-103 as follows:
(775 ILCS 5/8A-103) (from Ch. 68, par. 8A-103)
Sec. 8A-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of
the hearing officer's recommended order, a party may file with
the Commission any written exceptions to any part of the order.
Exceptions shall be supported by argument and served on all
parties at the time they are filed. If no exceptions are filed,
the recommended order shall become the order of the Commission
without further review. The Commission shall issue a notice
that no exceptions have been filed no later than 30 days after
the exceptions were due.

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(B) Response. Within 21 days of the receipt of service of
exceptions, a party may file with the Commission any response
to the exceptions. Responses shall be supported by argument and
served on all parties at the time they are filed.
(C) Oral Argument. A party may request oral argument at the
time of filing exceptions or a response to exceptions. When any
party requests oral argument in this manner, the Commission may
schedule oral argument to be heard by a panel of 3 Commission
members. If the panel grants oral argument, it shall notify all
parties of the time and place of argument. Any party so
notified may present oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the written
request of any party made at the time of filing exceptions
or responses, may remand a case to a hearing officer for
purposes of a rehearing to reconsider evidence or hear
additional evidence in the matter. The Commission shall
issue and serve on all parties a written order remanding
the cause and specifying the additional evidence.
(2) The hearing officer presiding at a rehearing shall
set a hearing date, in accordance with subsection (B) of
Section 8A-102, upon due notice to all parties.
(3) After conclusion of the rehearing, the hearing
officer shall file written findings and recommendations
with the Commission and serve copies at the same time on
all parties in the same manner as provided in subsection

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(I) of Section 8A-102. The findings and recommendations
shall be subject to review by the Commission as provided in
this Section.
(E) Review.
(1) Following the filing of the findings and
recommended order of the hearing officer and any written
exceptions and responses, and any other proceedings
provided for in this Section, the Commission, through a
panel of 3 members, shall decide whether to accept the case
for review. If the panel declines to review the recommended
order, it shall become the order of the Commission. The
Commission shall issue a notice within 30 days after a
Commission panel votes to decline review. If the panel
accepts the case, it shall review the record and may adopt,
modify, or reverse in whole or in part the findings and
recommendations of the hearing officer.
(2) When reviewing a recommended order, the Commission
shall adopt the hearing officer's findings of fact if they
are not contrary to the manifest weight of the evidence.
(3) If the Commission accepts a case for review, it
shall file its written order and decision in its office and
serve copies on all parties together with a notification of
the date when it was filed. If the Commission declines to
review a recommended order or if no exceptions have been
filed, it shall issue a short statement notifying the
parties that the recommended order has become the order of

10000SB0021sam001 - 4 - LRB100 05174 HEP 42523 a
the Commission. The statement shall be served on the
parties by first class mail.
(4) A recommended order authored by a non-presiding
hearing officer under subparagraph 8A-102(I)(4) of this
Act shall be reviewed in the same manner as a recommended
order authored by a presiding hearing officer.
(F) Rehearing.
(1) Within 30 days after service of the Commission's
order or statement declining review, a party may file an
application for rehearing before the full Commission. The
application shall be served on all other parties. The
Commission shall have discretion to order a response to the
application. The filing of an application for rehearing is
optional. The failure to file an application for rehearing
shall not be considered a failure to exhaust administrative
remedies. This amendatory Act of 1991 applies to pending
proceedings as well as those filed on or after its
effective date.
(2) Applications for rehearing shall be viewed with
disfavor and may be granted, by vote of 3 6 Commission
members, only upon a clear demonstration that a matter
raises legal issues of significant impact or that
Commission decisions are in conflict.
(3) When an application for rehearing is granted, the
original order shall be nullified and oral argument before
the full Commission shall be scheduled. The Commission may

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request the parties to file any additional written
arguments it deems necessary.
(G) Modification of Order.
(1) At any time before a final order of the court in a
proceeding for judicial review under this Act, the
Commission or the 3-member panel that decided the matter,
upon reasonable notice, may modify or set aside in whole or
in part any finding or order made by it in accordance with
this Section.
(2) Any modification shall be accomplished by the
filing and service of a supplemental order and decision by
the Commission in the same manner as provided in this
Section.
(H) Extensions of time. All motions for extensions of time
with respect to matters being considered by the Commission
shall be decided by the full Commission or a 3-member panel. If
a motion for extension of time cannot be ruled upon before the
filing deadline sought to be extended, the Chairperson of the
Commission shall be authorized to extend the filing deadline to
the date of the next Commission meeting at which the motion can
be considered.
(Source: P.A. 100-1066, eff. 8-24-18.)
(775 ILCS 5/8B-103) (from Ch. 68, par. 8B-103)
Sec. 8B-103. Review by Commission.
(A) Exceptions. Within 30 days of the receipt of service of

10000SB0021sam001 - 6 - LRB100 05174 HEP 42523 a
the hearing officer's recommended order, a party may file with
the Commission any written exceptions to any part of the order.
Exceptions shall be supported by argument and served on all
parties at the time they are filed. If no exceptions are filed,
the recommended order shall become the order of the Commission
without further review. The Commission shall issue a notice
that no exceptions have been filed no later than 30 days after
the exceptions were due.
(B) Response. Within 21 days of the receipt of service of
exceptions, a party may file with the Commission any response
to the exceptions. Responses shall be supported by argument and
served on all parties at the time they are filed.
(C) Oral Argument. A party may request oral argument at the
time of filing exceptions or a response to exceptions. When any
party requests oral argument in this manner, the Commission may
schedule oral argument to be heard by a panel of 3 Commission
members. If the panel grants oral argument, it shall notify all
parties of the time and place of argument. Any party so
notified may present oral argument.
(D) Remand.
(1) The Commission, on its own motion or at the written
request of any party made at the time of filing exceptions
or responses, may remand a case to a hearing officer for
purposes of a rehearing to reconsider evidence or hear
additional evidence in the matter. The Commission shall
issue and serve on all parties a written order remanding

10000SB0021sam001 - 7 - LRB100 05174 HEP 42523 a
the cause and specifying the additional evidence.
(2) The hearing officer presiding at a rehearing shall
set a hearing date, in accordance with Section 8B-102(C),
upon due notice to all parties.
(3) After conclusion of the rehearing, the hearing
officer shall file written findings and recommendations
with the Commission and serve copies at the same time on
all parties in the same manner as provided in Section
8B-102(J). The findings and recommendations shall be
subject to review by the Commission as provided in this
Section.
(E) Review.
(1) Following the filing of the findings and
recommended order of the hearing officer and any written
exceptions and responses, and any other proceedings
provided for in this Section, the Commission, through a
panel of 3 members, may review the record and may adopt,
modify, or reverse in whole or in part the findings and
recommendations of the hearing officer.
(2) When reviewing a recommended order, the Commission
shall adopt the hearing officer's findings of fact if they
are not contrary to the manifest weight of the evidence.
(3) If the Commission accepts a case for review, it
shall file its written order and decision in its office and
serve copies on all parties together with a notification of
the date when it was filed. If the Commission declines to

10000SB0021sam001 - 8 - LRB100 05174 HEP 42523 a
review a recommended order or if no exceptions have been
filed, it shall issue a short statement notifying the
parties that the recommended order has become the order of
the Commission. The statement shall be served on the
parties by first class mail.
(3.1) A recommended order authored by a non-presiding
hearing officer under subparagraph 8B-102(J)(4) shall be
reviewed in the same manner as a recommended order authored
by a presiding hearing officer.
(4) The Commission shall issue a final decision within
one year of the date a charge is filed with the Department
unless it is impracticable to do so. If the Commission is
unable to issue a final decision within one year of the
date the charge is filed with the Department, it shall
notify all parties in writing of the reasons for not doing
so.
(F) Rehearing.
(1) Within 30 days after service of the Commission's
order or statement declining review, a party may file an
application for rehearing before the full Commission. The
application shall be served on all other parties. The
Commission shall have discretion to order a response to the
application. The filing of an application for rehearing is
optional. The failure to file an application for rehearing
shall not be considered a failure to exhaust administrative
remedies. This amendatory Act of 1991 applies to pending

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proceedings as well as those filed on or after its
effective date.
(2) Applications for rehearing shall be viewed with
disfavor, and may be granted, by vote of 3 6 Commission
members, only upon a clear demonstration that a matter
raises legal issues of significant impact or that
Commission decisions are in conflict.
(3) When an application for rehearing is granted, the
original order shall be nullified and oral argument before
the full Commission shall be scheduled. The Commission may
request the parties to file any additional written
arguments it deems necessary.
(G) Modification of Order.
(1) At any time before a final order of the court in a
proceeding for judicial review under this Act, the
Commission or the 3-member panel that decided the matter,
upon reasonable notice, may modify or set aside in whole or
in part any finding or order made by it in accordance with
this Section.
(2) Any modification shall be accomplished by the
filing and service of a supplemental order and decision by
the Commission in the same manner as provided in this
Section.
(H) Extensions of time. All motions for extensions of time
with respect to matters being considered by the Commission
shall be decided by the full Commission or a 3-member panel. If

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a motion for extension of time cannot be ruled upon before the
filing deadline sought to be extended, the Chairperson of the
Commission shall be authorized to extend the filing deadline to
the date of the next Commission meeting at which the motion can
be considered.
(Source: P.A. 100-1066, eff. 8-24-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.".