Ill. Admin. Code tit. 80 § 1120.50

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1120.50 - Consideration by the Board

a) Exception and Responses

1) In cases in which there is a recommended decision, the parties may file exceptions to the Administrative Law Judge's recommendation and briefs in support of those exceptions. Briefs and exceptions shall be filed with the General Counsel no later than 21 days after service of the recommendation. Copies of all exceptions and supporting briefs shall be served upon all other parties, and a certificate of service shall be attached.

2) Any party to the proceeding may file a response to any exceptions and supporting briefs within 21 days from receipt of a party's exceptions and supporting brief. The response shall be filed with the General Counsel. The response shall be served on all parties, and a certificate of service shall be attached.

3) A party may also file cross-exceptions and a supporting brief within 14 days from receipt of another party's exceptions and supporting brief. Copies of the cross-exceptions shall be filed with the General Counsel and served on all other parties, and a certificate of service shall be attached.

4) Any other party may file a response to the cross-exceptions and supporting brief within 14 days from receipt of the cross-exceptions and supporting brief. The response shall be filed with the General Counsel and served upon all parties, and a certificate of service shall be attached.

5) If no exceptions have been filed within 21 days after service of the Administrative Law Judge's recommended decision, the parties will be deemed to have waived their exceptions. If no cross-exceptions have been filed within 14 days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.

b) The Board will review the Administrative Law Judge's recommendation if a party has filed exceptions or on the Board's own motion. In cases removed to the Board, the parties will file briefs in the manner directed by the Board, the manner to include the dates on which briefs will be due and the subjects to be addressed in the briefs, as specified by the Board. In cases in which exceptions are filed and those that are removed to the Board, the Board shall issue and serve on all parties a written decision and order that includes its reasons for its decision.

c) If the remedy ordered after a finding of an unfair labor practice includes the posting of a notice, the notice may be posted physically or by other means similarly calculated to provide proper notice. The means of posting shall be agreed to by the parties and the Executive Director. If the parties and the Executive Director are not able to agree on the means of posting, the Executive Director shall determine the means of posting.

Ill. Admin. Code tit. 80, § 1120.50

Amended at 35 Ill. Reg. 14474, effective August 12, 2011

Amended at 41 Ill. Reg. 10614, effective 8/1/2017