Bill Text: IL SB3748 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends provisions of the Illinois Human Rights Act concerning hearings on complaints before the Human Rights Commission involving the Real Estate Transactions Article of the Act. Provides that, if a civil action is filed by or on behalf of the aggrieved party under federal or State law, the Commission shall act no further on the complaint and shall administratively close the file on the complaint.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3748 Detail]

Download: Illinois-2011-SB3748-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3748 Introduced 2/10/2012, by Sen. Ron Sandack SYNOPSIS AS INTRODUCED:
775 ILCS 5/8B-102 from Ch. 68, par. 8B-102
Amends provisions of the Illinois Human Rights Act concerning hearings on complaints before the Human Rights Commission involving the Real Estate Transactions Article of the Act. Provides that, if a civil action is filed by or on behalf of the aggrieved party under federal or State law, the Commission shall act no further on the complaint and shall administratively close the file on the complaint.
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A BILL FOR
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AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 8B-102 as follows:
(775 ILCS 5/8B-102) (from Ch. 68, par. 8B-102)
Sec. 8B-102. Hearing on complaint.
(A) Election of Judicial Determination. When a complaint is
filed under Section 7B-102(F) a complainant, a respondent, or
an aggrieved party on whose behalf the complaint was filed, may
elect to have the claims asserted in that complaint decided in
a civil action in a circuit court of Illinois, in which case
the Illinois Code of Civil Procedure shall apply. The election
must be made not later than 20 days after the receipt by the
electing person of service of the complaint by the Commission.
The person making such election shall file it with the
Commission and shall give notice of doing so to the Department
and to all other complainants and respondents to whom the
charge relates. If an election is made, the Commission shall
act no further on the complaint and shall administratively
close the file on the complaint. If an election is not made,
the Commission shall continue proceedings on the complaint in
accordance with this Act and the hearing shall be before a

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hearing officer.
(B) Services. Within 5 days after a complaint is filed by
the Department, the Commission shall cause it to be served on
the respondent and complainant together with a notice of
hearing before a hearing officer of the Commission at a place
therein fixed and with information as to how to make an
election under subsection (A) and the effect of such an
election.
(C) Time and Location of Hearing. An initial hearing date
shall be scheduled for not less than 30 nor more than 90 days
after service of the complaint at a place that is within 100
miles of the place at which the civil rights violation is
alleged to have occurred. The hearing officer may, for good
cause shown, extend the date of the hearing.
(D) Amendment.
(1) A complaint may be amended under oath by leave of
the presiding hearing officer, for good cause shown, upon
timely written motion and reasonable notice to all
interested parties at any time prior to the issuance of a
recommended order pursuant to Section 8A-102(I) or
8B-102(J). The amended complaint shall be served upon all
parties of record by the Department within 7 days of the
date of the order permitting its filing or such additional
time as the hearing officer may order. Amendments to the
complaint may encompass any unlawful discrimination which
is like or reasonably related to the charge and growing out

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of the allegations in such charge, including, but not
limited to, allegations of retaliation.
(2) A motion that the complaint be amended to conform
to the evidence, made prior to the close of the public
hearing, may be addressed orally on the record to the
hearing officer, and shall be granted for good and
sufficient cause.
(E) Answer.
(1) The respondent shall file an answer under oath or
affirmation to the original or amended complaint within 30
days of the date of service thereof, but the hearing
officer may, for good cause shown, grant further time for
the filing of an answer.
(2) When the respondent files a motion to dismiss the
complaint within 30 days and the motion is denied by the
hearing officer, the time for filing the answer shall be
within 15 days of the date of denial of the motion.
(3) Any allegation in the complaint which is not denied
or admitted in the answer is deemed admitted unless the
respondent states in the answer that he is without
sufficient knowledge or information to form a belief with
respect to such allegation.
(4) The failure to file an answer is deemed to
constitute an admission of the allegations contained in the
complaint.
(5) The respondent has the right to amend his answer,

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upon leave of the hearing officer, for good cause shown.
(F) Proceedings In Forma Pauperis.
(1) If the hearing officer is satisfied that the
complainant or respondent is a poor person, and unable to
prosecute or defend the complaint and pay the costs and
expenses thereof, the hearing officer may permit the party
to commence and prosecute or defend the action as a poor
person. Such party shall have all the necessary subpoenas,
appearances, and proceedings without prepayment of witness
fees or charges. Witnesses shall attend as in other cases
under this Act and the same remedies shall be available for
failure or refusal to obey the subpoena as are provided for
in Section 8-104 of this Act.
(2) A person desiring to proceed without payment of
fees or charges shall file with the hearing officer an
affidavit stating that he is a poor person and unable to
pay costs, and that the action is meritorious.
(G) Discovery. The procedures for obtaining discovery of
information from parties and witnesses shall be specified by
the Commission in rules. If no rule has been promulgated by the
Commission on a particular type of discovery, the Code of Civil
Procedure may be considered persuasive authority. The types of
discovery shall be the same as in civil cases in the circuit
courts of this State, provided, however, that a party may take
discovery depositions only upon leave of the hearing officer
and for good cause shown.

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(H) Hearing.
(1) The Department and the respondent shall be parties
in hearings under this Article. The Department shall seek
appropriate relief for the complainant and vindication of
the public interest. Any complainant may intervene as a
party. All parties have the right to examine and cross
examine witnesses.
(2) The testimony taken at the hearing shall be under
oath or affirmation and a transcript shall be made and
filed in the office of the Commission.
(3) The testimony taken at the hearing is subject to
the same rules of evidence that apply in courts of this
State in civil cases.
(I) Compelling Appearance of Parties at Hearing. The
appearance at the hearing of a party or a person who at the
time of the hearing is an officer, director, or employee of a
party may be required by serving the party with a notice
designating the person who is required to appear. The notice
also may require the production at the hearing of documents or
tangible things. If the party or person is a nonresident of the
county, the hearing officer may order any terms and conditions
in connection with his appearance at the hearing that are just,
including payment of his reasonable expenses. Upon a failure to
comply with the notice, the hearing officer may enter any order
that is just.
(J) Decision.

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(1) When all the testimony has been taken, the hearing
officer shall determine whether the respondent has engaged
in or is engaging in the civil rights violation with
respect to the aggrieved party as charged in the complaint.
A determination sustaining a complaint shall be based upon
a preponderance of the evidence.
(2) The hearing officer shall make findings of fact in
writing and, if the finding is against the respondent,
shall issue and cause to be served on the parties and the
Department a recommended order for appropriate relief as
provided by this Act.
(3) If, upon all the evidence, the hearing officer
finds that a respondent has not engaged in the civil rights
violation charged in the complaint or that a preponderance
of the evidence does not sustain the complaint, he shall
state his findings of fact and shall issue and cause to be
served on the parties and the Department a recommended
order dismissing the complaint.
(4) The findings and recommended order of the hearing
officer shall be filed with the Commission. The findings
and recommended order may be authored by a hearing officer
other than the hearing officer who presides at the public
hearing if:
(a) the hearing officer who presides at the public
hearing is unable to author the findings and
recommended order by reason of death, disability, or

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separation from employment; and
(b) all parties to a complaint file a joint motion
agreeing to have the findings and recommended order
written by a hearing officer who did not preside at the
public hearing.
(5) The hearing officer may issue a recommended order
of dismissal with prejudice or a recommended order of
default as a sanction for the failure of a party to
prosecute his or her case, file a required pleading, appear
at a hearing, or otherwise comply with this Act, the rules
of the Commission, or a previous order of the hearing
officer.
(K) Effect of Trial of Civil Action on Administrative
Proceedings. A hearing officer shall not proceed with any
administrative proceedings under this Section after the filing
of a civil action by or on behalf of the aggrieved party under
federal or State law seeking relief with respect to the alleged
civil rights violation. If a civil action is filed by or on
behalf of the aggrieved party under federal or State law, the
Commission shall act no further on the complaint and shall
administratively close the file on the complaint.
(Source: P.A. 92-472, eff. 1-1-02.)