Ill. Admin. Code tit. 20, § 2900.140 - Consideration of Objections
a) The
CCLRB will review all objections presented by local law enforcement agencies or
the Department. In its review of objections, the CCLRB shall consider only the
following information:
1) any material
properly submitted by the objecting local law enforcement agency or the
Department pursuant to Section 15 of the Act;
2) any material properly submitted by the
applicant; and
3) any additional
information requested by the CCLRB pursuant to subsection (b).
b) The CCLRB may request
additional information from the objecting law enforcement agency, the
Department or the applicant.
1) If the
applicant has not previously submitted electronic fingerprints to the
Department and there is a question of whether the objection pertains to the
applicant that the submission of electronic fingerprints may resolve, the
applicant shall be required to submit those fingerprints within 30 days after
receipt of a notice from the CCLRB that the fingerprints will be
required.
2) If the applicant or
law enforcement does not provide the fingerprints or other information
requested by the CCLRB within the timeframe allotted by statute, the CCLRB will
enter a final disposition based solely on consideration of the information
already properly submitted.
c) The CCLRB, by a vote of at least 4
commissioners, may request testimony at a hearing from a representative of the
objecting law enforcement agency, from a representative of the Department, or
from the applicant or the applicant's counsel; however, hearings shall be
limited to circumstances that cannot be resolved to the CCLRB's satisfaction
through written communication with the parties.
d) If the CCLRB votes to hold a hearing on
the objection, the CCLRB shall notify the applicant and the objecting party in
writing of the need for, as well as the date, time and location of, the
hearing.
e) CCLRB will review an
objection to determine whether the objection appears sustainable on its face or
in light of any information the CCLRB has obtained pursuant to subsection (b)
or (c). Within 10 calendar days after determining that an objection appears
sustainable, the CCLRB shall send the applicant notice of the objection,
including the basis of the objection and the agency submitting the objection.
This determination of a sustainable objection is not a final administrative
decision of the Board and shall not be reported as such to the Department.
1) The applicant shall have 15 days after
receipt of the notice to submit any additional material in response to the
objection that the applicant wants the CCLRB to consider.
2) The CCLRB will consider any additional
information received during the 15 day period. Once the 15 day period has
elapsed, the CCLRB will not consider any additional information
received.
3) Unless it is
determined that a hearing is necessary pursuant to subsection (c), the
objection shall be considered, along with any additional information received,
at the next meeting held at the call of the Chairperson. If a hearing is held,
then the objection shall be considered following the hearing.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.