Ill. Admin. Code tit. 71, § 2300.40 - Verified Response to Charge
Section 2300.40 Verified Response to Charge
a)
Pursuant to Section 7B-102(B) of the Act, within 30 days after receipt of the
notice of the charge, respondent shall file a verified response to the
allegations in the charge. Respondent shall serve a copy of the verified
response on complainant or complainant's representative and shall show proof to
the Department that the copy was served on complainant or complainant's
representative.
b) Where, without
good cause shown, respondent's verified response is not timely filed and/or
served on complainant or complainant's representative, complainant may raise
that issue before the Department. The raising of an issue of an untimely filed
and/or served verified response with the Department does not relieve
complainant of complainant's duty to comply with the Department's
investigation.
c) Pursuant to
Section 7B-102(B) of the Act, good cause for untimely filing a verified
response may include, but shall not be limited to:
1) Death or sudden, serious illness of
respondent or respondent's representative; or
2) Death or sudden, serious illness of an
immediate family member of respondent or respondent's representative;
or
3) Respondent filed and served a
timely verified response, but the Department later determined that respondent's
verified response was defective; or
4) Respondent acted with due diligence and
was not deliberate or contumacious and did not unwarrantedly disregard the
verified response process, as supported by affidavit or other evidence;
or
5) Respondent's failure to
timely file a verified response was due to circumstances beyond respondent's
control, as supported by affidavit or other evidence.
d) Whether good cause exists is in the sole
discretion of the Department.
e)
Where respondent is responding to a notice to show cause for failing to timely
file the verified response and/or timely serve a copy on complainant or
complainant's representative, respondent shall include the verified response
with the response to the notice to show cause and show proof that respondent
has served the verified response on complainant or complainant's
representative.
Notes
Added at 30 Ill. Reg. 1361, effective January 13, 2006
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