Ill. Admin. Code tit. 59 § 310.50

Current through Register Vol. 48, No. 50, December 13, 2024

Section 310.50 - Complaints

a) Recording Complaints

Every complaint received by a regional authority shall be recorded in the Human Rights Authority's database.

b) Disposition of Complaints

1) Acceptance

Except as provided in subsection (c), a decision to investigate a complaint shall be made upon the majority vote of the members in attendance and constituting a quorum at a regularly scheduled or special meeting.

2) Non-Acceptance

If a regional authority determines that a complaint does not involve the rights of an eligible person or that a complaint is frivolous, the regional authority shall not open the investigation.

3) Postponement

A) If the regional authority determines that its investigation of a complaint would jeopardize pending employment, disciplinary or criminal proceedings, the regional authority's investigation shall be postponed until the proceeding is concluded.

B) If the regional authority determines that a conflict of interest exists for that regional authority under Section 310.90(f), the regional authority's investigation shall be postponed until the Commission authorizes another regional authority to conduct the investigation pursuant to Section 310.60(b).

c) Emergency Complaints

If it appears necessary for the welfare or protection of the rights of an eligible person, a regional authority may conduct an investigation with the approval of the chairperson and two other members of the regional authority. A proposed investigation shall be presented for ratification by a majority vote of the members present and constituting a quorum at the next regularly scheduled or special meeting.

d) Notice to Complainant

A regional authority shall provide a written notice to the complainant that states:

1) a brief summary of the complaint and number assigned to it;

2) whether the regional authority will conduct an investigation; or

3) whether the regional authority will not conduct an investigation, and the reasons for that decision.

e) Complainants Confidentiality

The regional authority shall keep each complainant's name confidential from outside sources. If a member of the public or an outside agency requests the name of the complainant, the regional authority shall forward that request to the complainant who shall make the decision regarding disclosure.

Ill. Admin. Code tit. 59, § 310.50

Amended at 24 Ill. Reg. 13029, effective August 21, 2000

Amended at 42 Ill. Reg. 2050, effective 1/11/2018