Ill. Admin. Code tit. 71, § 2300.70 - Procedures
a) Procedures set
forth in Articles 7B and 8B of the Act shall be followed for the processing of
any civil rights violation set out in Article 6 alleging the following, if
related to housing discrimination: retaliation for opposing unlawful
discrimination, filing a charge or complaint, or for testifying, assisting or
participating in an investigation, proceeding or hearing under the Act; aiding,
abetting, compelling or coercing a person to commit a violation of the Act; or
willfully interfering with the performance of a duty or the exercise of a power
by the Human Rights Commission or one of its members or representatives or by
the Department or one of its officers or employees.
b) Pursuant to Section 7B-102(C)(1), (D)(2)
and (G)(1) of the Act, and within 100 days after a charge has been properly
filed, the Department (or Director) shall either order that no complaint be
filed or file a complaint with the Human Rights Commission, unless it is
impracticable to do so. If it is impracticable to do so, the Department shall
continue to process the charge pursuant to Section 7B-102 of the Act with the
greatest promptness that is administratively feasible. Circumstances of
impracticability shall include, but not be limited to:
1) Complexity of issues;
2) Death or serious injury of a party or a
party's immediate family member;
3)
Death or serious illness of the Department's investigator or the investigator's
immediate family member;
4)
Unavailability of witnesses; or
5)
Processing, litigation and/or enforcement of a subpoena, temporary restraining
order or other legal action.
Notes
Amended at 29 Ill. Reg. 13808, effective August 25, 2005
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