Ill. Admin. Code tit. 2, § 3500.360 - Informal Inquiry and Summary Dismissal
a) After the completed Claim Form and Waiver
Form have been received, an informal inquiry shall be performed by the Director
or his or her designee to determine whether additional investigation is
warranted.
b) The Director or his
or her designee may issue, serve and enforce subpoenas pursuant to Section
3500.375(a)(1) and
(a)(5) to compel the production of evidence
as part of an informal inquiry for purposes including, but not being limited
to, obtaining documents relating to claims, determining whether a formal
inquiry is warranted, and obtaining victim notification information.
c) If, after completion of the informal
inquiry, the Director finds that there appears to be no reasonable possibility
that the claim is credible, the Director shall recommend to the Commission that
the claim be summarily dismissed. A written report will be prepared documenting
this finding and will be presented to the Commission for its review.
d) The Commission shall vote to accept or
reject the Director's recommendation by majority vote of the voting members
present. At least 4 members must vote to accept the recommendation for the
claim to be dismissed.
e) If the
Commission accepts the Director's recommendation, the convicted person, and the
person filing the Claim Form if other than the convicted person, shall be
notified in writing that the claim has been summarily dismissed and the reasons
for the dismissal.
Notes
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