Ill. Admin. Code tit. 26, § 125.262 - Board Determination
a)
After the submission of the recommendations of the Hearing Officer, and the
recommendations of the General Counsel, if any, the Board will determine
whether the complaint was filed on justifiable grounds. The Board will order a
public hearing to be conducted in accordance with Subpart C if the Board
determines that the complaint was filed on justifiable grounds, and if the
respondent:
1) disputes that it violated
Article 9;
2) is unwilling to take
action necessary to correct any violation; or
3) is unwilling to refrain from the conduct
giving rise to the violation.
b) If permissible under the Open Meetings Act
[5 ILCS
120 ] the Board may consider and discuss the Hearing
Officer's recommendation through a teleconference begun in open session and
continued in executive session in lieu of an in-person meeting, and that
consideration and discussion shall be deemed part of the closed preliminary
hearing process. Any action on the Hearing Officer's recommendations must be
taken in open session or, if taken as part of the teleconference, that portion
of the teleconference shall be broadcast over a speaker phone or other similar
device at both the permanent and branch offices of the Board. That portion of
the broadcast call shall be open to the media and public.
Notes
Amended at 35 Ill. Reg. 2351, effective February 4, 2011
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