4 | | - | AN ACT concerning human rights. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The Illinois Human Rights Act is amended by |
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8 | | - | changing Sections 8-101 and 8-102 as follows: |
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9 | | - | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101) |
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10 | | - | Sec. 8-101. Illinois Human Rights Commission. |
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11 | | - | (A) Creation; appointments. The Human Rights Commission is |
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12 | | - | created to consist of 7 members appointed by the Governor with |
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13 | | - | the advice and consent of the Senate. No more than 4 members |
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14 | | - | shall be of the same political party. The Governor shall |
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15 | | - | designate one member as chairperson. All appointments shall be |
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16 | | - | in writing and filed with the Secretary of State as a public |
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17 | | - | record. |
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18 | | - | (B) Terms. Of the members first appointed, 4 shall be |
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19 | | - | appointed for a term to expire on the third Monday of January, |
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20 | | - | 2021, and 3 (including the Chairperson) shall be appointed for |
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21 | | - | a term to expire on the third Monday of January, 2023. |
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22 | | - | Notwithstanding any provision of this Section to the |
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23 | | - | contrary, the term of office of each member of the Illinois |
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24 | | - | Human Rights Commission is abolished on January 19, 2019. |
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25 | | - | Incumbent members holding a position on the Commission that |
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26 | | - | was created by Public Act 84-115 and whose terms, if not for |
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| 3 | + | 1 AN ACT concerning human rights. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Illinois Human Rights Act is amended by |
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| 7 | + | 5 changing Sections 8-101 and 8-102 as follows: |
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| 8 | + | 6 (775 ILCS 5/8-101) (from Ch. 68, par. 8-101) |
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| 9 | + | 7 Sec. 8-101. Illinois Human Rights Commission. |
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| 10 | + | 8 (A) Creation; appointments. The Human Rights Commission is |
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| 11 | + | 9 created to consist of 7 members appointed by the Governor with |
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| 12 | + | 10 the advice and consent of the Senate. No more than 4 members |
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| 13 | + | 11 shall be of the same political party. The Governor shall |
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| 14 | + | 12 designate one member as chairperson. All appointments shall be |
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| 15 | + | 13 in writing and filed with the Secretary of State as a public |
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| 16 | + | 14 record. |
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| 17 | + | 15 (B) Terms. Of the members first appointed, 4 shall be |
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| 18 | + | 16 appointed for a term to expire on the third Monday of January, |
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| 19 | + | 17 2021, and 3 (including the Chairperson) shall be appointed for |
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| 20 | + | 18 a term to expire on the third Monday of January, 2023. |
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| 21 | + | 19 Notwithstanding any provision of this Section to the |
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| 22 | + | 20 contrary, the term of office of each member of the Illinois |
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| 23 | + | 21 Human Rights Commission is abolished on January 19, 2019. |
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| 24 | + | 22 Incumbent members holding a position on the Commission that |
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| 25 | + | 23 was created by Public Act 84-115 and whose terms, if not for |
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33 | | - | this amendatory Act of the 100th General Assembly, would have |
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34 | | - | expired January 18, 2021 shall continue to exercise all of the |
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35 | | - | powers and be subject to all of the duties of members of the |
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36 | | - | Commission until June 30, 2019 or until their respective |
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37 | | - | successors are appointed and qualified, whichever is earlier. |
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38 | | - | Thereafter, each member shall serve for a term of 4 years |
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39 | | - | and until the member's his or her successor is appointed and |
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40 | | - | qualified; except that any member chosen to fill a vacancy |
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41 | | - | occurring otherwise than by expiration of a term shall be |
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42 | | - | appointed only for the unexpired term of the member whom the |
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43 | | - | member he or she shall succeed and until the member's his or |
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44 | | - | her successor is appointed and qualified. |
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45 | | - | (C) Vacancies. |
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46 | | - | (1) In the case of vacancies on the Commission during |
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47 | | - | a recess of the Senate, the Governor shall make a |
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48 | | - | temporary appointment until the next meeting of the Senate |
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49 | | - | when the Governor he or she shall appoint a person to fill |
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50 | | - | the vacancy. Any person so nominated and confirmed by the |
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51 | | - | Senate shall hold office for the remainder of the term and |
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52 | | - | until the person's his or her successor is appointed and |
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53 | | - | qualified. |
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54 | | - | (2) If the Senate is not in session at the time this |
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55 | | - | Act takes effect, the Governor shall make temporary |
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56 | | - | appointments to the Commission as in the case of |
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57 | | - | vacancies. |
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58 | | - | (3) Vacancies in the Commission shall not impair the |
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| 34 | + | 1 this amendatory Act of the 100th General Assembly, would have |
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| 35 | + | 2 expired January 18, 2021 shall continue to exercise all of the |
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| 36 | + | 3 powers and be subject to all of the duties of members of the |
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| 37 | + | 4 Commission until June 30, 2019 or until their respective |
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| 38 | + | 5 successors are appointed and qualified, whichever is earlier. |
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| 39 | + | 6 Thereafter, each member shall serve for a term of 4 years |
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| 40 | + | 7 and until the member's his or her successor is appointed and |
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| 41 | + | 8 qualified; except that any member chosen to fill a vacancy |
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| 42 | + | 9 occurring otherwise than by expiration of a term shall be |
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| 43 | + | 10 appointed only for the unexpired term of the member whom the |
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| 44 | + | 11 member he or she shall succeed and until the member's his or |
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| 45 | + | 12 her successor is appointed and qualified. |
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| 46 | + | 13 (C) Vacancies. |
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| 47 | + | 14 (1) In the case of vacancies on the Commission during |
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| 48 | + | 15 a recess of the Senate, the Governor shall make a |
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| 49 | + | 16 temporary appointment until the next meeting of the Senate |
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| 50 | + | 17 when the Governor he or she shall appoint a person to fill |
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| 51 | + | 18 the vacancy. Any person so nominated and confirmed by the |
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| 52 | + | 19 Senate shall hold office for the remainder of the term and |
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| 53 | + | 20 until the person's his or her successor is appointed and |
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| 54 | + | 21 qualified. |
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| 55 | + | 22 (2) If the Senate is not in session at the time this |
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| 56 | + | 23 Act takes effect, the Governor shall make temporary |
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| 57 | + | 24 appointments to the Commission as in the case of |
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| 58 | + | 25 vacancies. |
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| 59 | + | 26 (3) Vacancies in the Commission shall not impair the |
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117 | | - | affected by this Act or similar laws in other |
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118 | | - | jurisdictions, including, but not limited to, experience |
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119 | | - | with a civil rights advocacy group, a fair housing group, |
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120 | | - | a trade association, a union, a law firm, a legal aid |
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121 | | - | organization, an employer's human resources department, an |
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122 | | - | employment discrimination consulting firm, or a municipal |
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123 | | - | human relations agency. |
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124 | | - | The Governor's appointment message, filed with the |
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125 | | - | Secretary of State and transmitted to the Senate, shall state |
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126 | | - | specifically how the experience of a nominee for commissioner |
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127 | | - | meets the requirement set forth in this subsection. The |
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128 | | - | Chairperson must have public or private sector management and |
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129 | | - | budget experience, as determined by the Governor. |
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130 | | - | Each commissioner shall devote full time to the |
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131 | | - | commissioner's his or her duties and any commissioner who is |
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132 | | - | an attorney shall not engage in the practice of law, nor shall |
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133 | | - | any commissioner hold any other office or position of profit |
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134 | | - | under the United States or this State or any municipal |
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135 | | - | corporation or political subdivision of this State, nor engage |
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136 | | - | in any other business, employment, or vocation. |
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137 | | - | (H) (Blank). Notwithstanding any other provision of this |
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138 | | - | Act, the Governor shall appoint, by and with the consent of the |
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139 | | - | Senate, a special temporary panel of commissioners comprised |
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140 | | - | of 3 members. The members shall hold office until the |
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141 | | - | Commission, in consultation with the Governor, determines that |
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142 | | - | the caseload of requests for review has been reduced |
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| 70 | + | 1 right of the remaining members to exercise all the powers |
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| 71 | + | 2 of the Commission. Except when authorized by this Act to |
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| 72 | + | 3 proceed through a 3 member panel, a majority of the |
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| 73 | + | 4 members of the Commission then in office shall constitute |
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| 74 | + | 5 a quorum. |
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| 75 | + | 6 (D) Compensation. On and after January 19, 2019, the |
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| 76 | + | 7 Chairperson of the Commission shall be compensated at the rate |
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| 77 | + | 8 of $125,000 per year, or as set by the Compensation Review |
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| 78 | + | 9 Board, whichever is greater, during the Chairperson's his or |
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| 79 | + | 10 her service as Chairperson, and each other member shall be |
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| 80 | + | 11 compensated at the rate of $119,000 per year, or as set by the |
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| 81 | + | 12 Compensation Review Board, whichever is greater. In addition, |
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| 82 | + | 13 all members of the Commission shall be reimbursed for expenses |
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| 83 | + | 14 actually and necessarily incurred by them in the performance |
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| 84 | + | 15 of their duties. |
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| 85 | + | 16 (E) Notwithstanding the general supervisory authority of |
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| 86 | + | 17 the Chairperson, each commissioner, unless appointed to the |
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| 87 | + | 18 special temporary panel created under subsection (H), has the |
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| 88 | + | 19 authority to hire and supervise a staff attorney. The staff |
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| 89 | + | 20 attorney shall report directly to the individual commissioner. |
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| 90 | + | 21 (F) A formal training program for newly appointed |
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| 91 | + | 22 commissioners shall be implemented. The training program shall |
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| 92 | + | 23 include the following: |
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| 93 | + | 24 (1) substantive and procedural aspects of the office |
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| 94 | + | 25 of commissioner; |
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| 95 | + | 26 (2) current issues in employment and housing |
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200 | | - | officers informed of recent developments and issues and to |
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201 | | - | assist them in maintaining and enhancing their |
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202 | | - | professional competence. |
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203 | | - | (E) Rules and Regulations. To adopt, promulgate, |
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204 | | - | amend, and rescind rules and regulations not inconsistent |
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205 | | - | with the provisions of this Act pursuant to the Illinois |
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206 | | - | Administrative Procedure Act. |
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207 | | - | (F) Compulsory Process. To issue and authorize |
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208 | | - | requests for enforcement of subpoenas and other compulsory |
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209 | | - | process established by this Act. |
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210 | | - | (G) Decisions. Through a panel of 3 members designated |
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211 | | - | by the Chairperson on a random basis, to hear and decide by |
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212 | | - | majority vote complaints filed in conformity with this Act |
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213 | | - | and to approve proposed settlements. Decisions by |
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214 | | - | commissioners must be based strictly on neutral |
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215 | | - | interpretations of the law and the facts. |
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216 | | - | (H) Rehearings. To order, by a vote of 3 members, |
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217 | | - | rehearing of its decisions by the entire Commission in |
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218 | | - | conformity with this Act. |
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219 | | - | (I) Judicial Enforcement. To authorize requests for |
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220 | | - | judicial enforcement of its orders in conformity with this |
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221 | | - | Act. |
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222 | | - | (J) Opinions. To publish each decision within 180 days |
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223 | | - | of the decision to assure a consistent source of |
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224 | | - | precedent. Published decisions shall be subject to the |
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225 | | - | Personal Information Protection Act. |
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| 106 | + | 1 discrimination and public accommodation law and practice; |
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| 107 | + | 2 (3) orientation to each operational unit of the Human |
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| 108 | + | 3 Rights Commission; |
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| 109 | + | 4 (4) observation of experienced hearing officers and |
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| 110 | + | 5 commissioners conducting hearings of cases, combined with |
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| 111 | + | 6 the opportunity to discuss evidence presented and rulings |
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| 112 | + | 7 made; |
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| 113 | + | 8 (5) the use of hypothetical cases requiring the newly |
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| 114 | + | 9 appointed commissioner to issue judgments as a means of |
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| 115 | + | 10 evaluating knowledge and writing ability; |
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| 116 | + | 11 (6) writing skills; and |
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| 117 | + | 12 (7) professional and ethical standards. |
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| 118 | + | 13 A formal and ongoing professional development program |
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| 119 | + | 14 including, but not limited to, the above-noted areas shall be |
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| 120 | + | 15 implemented to keep commissioners informed of recent |
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| 121 | + | 16 developments and issues and to assist them in maintaining and |
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| 122 | + | 17 enhancing their professional competence. Each commissioner |
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| 123 | + | 18 shall complete 20 hours of training in the above-noted areas |
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| 124 | + | 19 during every 2 years the commissioner remains in office. |
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| 125 | + | 20 (G) Commissioners must meet one of the following |
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| 126 | + | 21 qualifications: |
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| 127 | + | 22 (1) licensed to practice law in the State of Illinois; |
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| 128 | + | 23 (2) at least 3 years of experience as a hearing |
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| 129 | + | 24 officer at the Human Rights Commission; or |
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| 130 | + | 25 (3) at least 4 years of professional experience |
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| 131 | + | 26 working for or dealing with individuals or corporations |
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228 | | - | (K) Public Grants; Private Gifts. To accept public |
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229 | | - | grants and private gifts as may be authorized. |
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230 | | - | (L) Interpreters. To appoint at the expense of the |
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231 | | - | Commission a qualified sign language interpreter whenever |
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232 | | - | a hearing impaired individual or an individual who lacks |
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233 | | - | proficiency in the English language person is a party or |
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234 | | - | witness in proceedings before the Commission at a public |
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235 | | - | hearing. |
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236 | | - | (M) Automated Processing Plan. To prepare an |
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237 | | - | electronic data processing and telecommunications plan |
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238 | | - | jointly with the Department in accordance with Section |
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239 | | - | 7-112. |
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240 | | - | The provisions of Public Act 89-370 amending subsection |
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241 | | - | (G) of this Section apply to causes of action filed on or after |
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242 | | - | January 1, 1996. |
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243 | | - | (Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.) |
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| 142 | + | 1 affected by this Act or similar laws in other |
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| 143 | + | 2 jurisdictions, including, but not limited to, experience |
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| 144 | + | 3 with a civil rights advocacy group, a fair housing group, |
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| 145 | + | 4 a trade association, a union, a law firm, a legal aid |
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| 146 | + | 5 organization, an employer's human resources department, an |
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| 147 | + | 6 employment discrimination consulting firm, or a municipal |
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| 148 | + | 7 human relations agency. |
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| 149 | + | 8 The Governor's appointment message, filed with the |
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| 150 | + | 9 Secretary of State and transmitted to the Senate, shall state |
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| 151 | + | 10 specifically how the experience of a nominee for commissioner |
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| 152 | + | 11 meets the requirement set forth in this subsection. The |
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| 153 | + | 12 Chairperson must have public or private sector management and |
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| 154 | + | 13 budget experience, as determined by the Governor. |
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| 155 | + | 14 Each commissioner shall devote full time to the |
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| 156 | + | 15 commissioner's his or her duties and any commissioner who is |
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| 157 | + | 16 an attorney shall not engage in the practice of law, nor shall |
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| 158 | + | 17 any commissioner hold any other office or position of profit |
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| 159 | + | 18 under the United States or this State or any municipal |
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| 160 | + | 19 corporation or political subdivision of this State, nor engage |
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| 161 | + | 20 in any other business, employment, or vocation. |
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| 162 | + | 21 (H) (Blank). Notwithstanding any other provision of this |
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| 163 | + | 22 Act, the Governor shall appoint, by and with the consent of the |
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| 164 | + | 23 Senate, a special temporary panel of commissioners comprised |
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| 165 | + | 24 of 3 members. The members shall hold office until the |
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| 166 | + | 25 Commission, in consultation with the Governor, determines that |
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| 167 | + | 26 the caseload of requests for review has been reduced |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | |
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| 172 | + | |
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| 178 | + | 1 sufficiently to allow cases to proceed in a timely manner, or |
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| 179 | + | 2 for a term of 18 months from the date of appointment by the |
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| 180 | + | 3 Governor, whichever is earlier. Each of the 3 members shall |
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| 181 | + | 4 have only such rights and powers of a commissioner necessary |
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| 182 | + | 5 to dispose of the cases assigned to the special panel. Each of |
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| 183 | + | 6 the 3 members appointed to the special panel shall receive the |
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| 184 | + | 7 same salary as other commissioners for the duration of the |
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| 185 | + | 8 panel. The panel shall have the authority to hire and |
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| 186 | + | 9 supervise a staff attorney who shall report to the panel of |
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| 187 | + | 10 commissioners. |
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| 188 | + | 11 (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.) |
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| 189 | + | 12 (775 ILCS 5/8-102) (from Ch. 68, par. 8-102) |
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| 190 | + | 13 Sec. 8-102. Powers and duties. In addition to the other |
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| 191 | + | 14 powers and duties prescribed in this Act, the Commission shall |
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| 192 | + | 15 have the following powers and duties: |
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| 193 | + | 16 (A) Meetings. To meet and function at any place within |
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| 194 | + | 17 the State. |
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| 195 | + | 18 (B) Offices. To establish and maintain offices in |
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| 196 | + | 19 Springfield and Chicago. |
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| 197 | + | 20 (C) Employees. To select and fix the compensation of |
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| 198 | + | 21 such technical advisors and employees as it may deem |
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| 199 | + | 22 necessary pursuant to the provisions of the Personnel |
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| 200 | + | 23 Code. |
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| 201 | + | 24 (D) Hearing Officers. To select and fix the |
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| 202 | + | 25 compensation of hearing officers who shall be attorneys |
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| 203 | + | |
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| 213 | + | 1 duly licensed to practice law in this State and full-time |
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| 214 | + | 2 employees of the Commission. |
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| 215 | + | 3 A formal and unbiased training program for hearing |
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| 216 | + | 4 officers shall be implemented. The training program shall |
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| 217 | + | 5 include the following: |
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| 218 | + | 6 (1) substantive and procedural aspects of the |
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| 219 | + | 7 hearing officer position; |
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| 220 | + | 8 (2) current issues in human rights law and |
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| 221 | + | 9 practice; |
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| 222 | + | 10 (3) lectures by specialists in substantive areas |
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| 223 | + | 11 related to human rights matters; |
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| 224 | + | 12 (4) orientation to each operational unit of the |
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| 225 | + | 13 Department and Commission; |
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| 226 | + | 14 (5) observation of experienced hearing officers |
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| 227 | + | 15 conducting hearings of cases, combined with the |
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| 228 | + | 16 opportunity to discuss evidence presented and rulings |
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| 229 | + | 17 made; |
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| 230 | + | 18 (6) the use of hypothetical cases requiring the |
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| 231 | + | 19 hearing officer to issue judgments as a means to |
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| 232 | + | 20 evaluating knowledge and writing ability; |
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| 233 | + | 21 (7) writing skills; |
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| 234 | + | 22 (8) computer skills, including, but not limited |
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| 235 | + | 23 to, word processing and document management. |
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| 236 | + | 24 A formal, unbiased and ongoing professional |
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| 237 | + | 25 development program including, but not limited to, the |
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| 238 | + | 26 above-noted areas shall be implemented to keep hearing |
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| 239 | + | |
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| 249 | + | 1 officers informed of recent developments and issues and to |
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| 250 | + | 2 assist them in maintaining and enhancing their |
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| 251 | + | 3 professional competence. |
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| 252 | + | 4 (E) Rules and Regulations. To adopt, promulgate, |
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| 253 | + | 5 amend, and rescind rules and regulations not inconsistent |
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| 254 | + | 6 with the provisions of this Act pursuant to the Illinois |
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| 255 | + | 7 Administrative Procedure Act. |
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| 256 | + | 8 (F) Compulsory Process. To issue and authorize |
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| 257 | + | 9 requests for enforcement of subpoenas and other compulsory |
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| 258 | + | 10 process established by this Act. |
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| 259 | + | 11 (G) Decisions. Through a panel of 3 members designated |
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| 260 | + | 12 by the Chairperson on a random basis, to hear and decide by |
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| 261 | + | 13 majority vote complaints filed in conformity with this Act |
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| 262 | + | 14 and to approve proposed settlements. Decisions by |
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| 263 | + | 15 commissioners must be based strictly on neutral |
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| 264 | + | 16 interpretations of the law and the facts. |
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| 265 | + | 17 (H) Rehearings. To order, by a vote of 3 members, |
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| 266 | + | 18 rehearing of its decisions by the entire Commission in |
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| 267 | + | 19 conformity with this Act. |
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| 268 | + | 20 (I) Judicial Enforcement. To authorize requests for |
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| 269 | + | 21 judicial enforcement of its orders in conformity with this |
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| 270 | + | 22 Act. |
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| 271 | + | 23 (J) Opinions. To publish each decision within 180 days |
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| 272 | + | 24 of the decision to assure a consistent source of |
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| 273 | + | 25 precedent. Published decisions shall be subject to the |
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| 274 | + | 26 Personal Information Protection Act. |
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| 275 | + | |
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| 285 | + | 1 (K) Public Grants; Private Gifts. To accept public |
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| 286 | + | 2 grants and private gifts as may be authorized. |
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| 287 | + | 3 (L) Interpreters. To appoint at the expense of the |
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| 288 | + | 4 Commission a qualified sign language interpreter whenever |
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| 289 | + | 5 a hearing impaired individual or an individual who lacks |
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| 290 | + | 6 proficiency in the English language person is a party or |
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| 291 | + | 7 witness in proceedings before the Commission at a public |
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| 292 | + | 8 hearing. |
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| 293 | + | 9 (M) Automated Processing Plan. To prepare an |
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| 294 | + | 10 electronic data processing and telecommunications plan |
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| 295 | + | 11 jointly with the Department in accordance with Section |
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| 296 | + | 12 7-112. |
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| 297 | + | 13 The provisions of Public Act 89-370 amending subsection |
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| 298 | + | 14 (G) of this Section apply to causes of action filed on or after |
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| 299 | + | 15 January 1, 1996. |
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| 300 | + | 16 (Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.) |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | |
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| 304 | + | |
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| 305 | + | |
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| 306 | + | HB2829 Enrolled - 9 - LRB103 27781 LNS 54159 b |
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