Ill. Admin. Code tit. 2, § 3500.330 - Claim of Torture
a) A
request for a formal inquiry into a claim of torture is accomplished by filing
a Claim Form (see 20 Ill. Adm. Code 2000.Appendix B):
1) Any individual, court or agency may
complete and file a Claim Form on behalf of a living person asserting a claim
of torture.
2) Any person may call
or write the Commission to request that a Claim Form be mailed or faxed to that
person in order to file a claim. The Commission also maintains a website
(www.Illinois.gov/ihrc) from which a
Claim Form may be printed or downloaded.
3) A completed Claim Form may be filed by
either mailing it to the Illinois Torture Inquiry and Relief Commission, 100 W.
Randolph St., Ste. 10-300, Chicago IL 60601, or by faxing it to the
Commission's office.
4) A claimant
may use the Claim Form supplied by the Commission or a letter communicating
substantially the same information requested in the Claim Form.
5) A Claim Form shall be considered filed on
the date it is mailed or transmitted to the Commission.
b) The Commission deems automatically refiled
those Claims that were:
1) not allowed to be
filed with the Commission;
2)
dismissed by the Commission;
3) not
referred to the Court by the Commission; or
4) dismissed by the Court after referral by
the Commission, if that action was taken solely on jurisdictional grounds that
were subsequently superseded by the amendments to Section 5(1) of the Illinois
Torture Inquiry and Relief Commission Act [ 775 ILCS 40 ] (the Act) (see P.A.
99-688). The automatically refiled claims retain their original filing date and
may be re-evaluated and reinvestigated as the Commission finds
necessary.
c) The
Commission deems automatically resubmitted to the Commission those claims the
Commission did not allow to be filed solely on jurisdictional grounds that were
subsequently superseded by the amendments to Section 70 of the Act (see P.A.
99-688). The automatically resubmitted claims retain their original submission
date and proceed to initial screening pursuant to Section
3500.340.
Notes
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