Illinois Compiled Statutes 775 ILCS 5/8A-102.5 – Alternative hearing procedure
Current as of: 2024 | Check for updates
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(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
(B) If all parties to a complaint stipulate to proceedings under this Section, the complaint shall be resolved in the following manner:
Terms Used In Illinois Compiled Statutes 775 ILCS 5/8A-102.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(1) The parties shall select a hearing officer by
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mutual agreement from a pool of hearing officers determined by the Commission.
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(2) The parties shall have a limited right to
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discovery. The methods of discovery available to the parties shall be specified in rules promulgated by the Commission.
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(3) If a dispositive motion is made with respect to a
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case, the hearing officer mutually agreed upon shall have the authority to issue a final order disposing of the complaint based upon the motion.
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(4) If the case proceeds to public hearing, the
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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.
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(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.
(D) Final orders issued under this Section are enforceable in the same manner as orders issued by the Commission.