Ill. Admin. Code tit. 20 § 2900.140

Current through Register Vol. 48, No. 49, December 6, 2024

Section 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.

Ill. Admin. Code tit. 20, § 2900.140

Adopted at 39 Ill. Reg. 1518, effective 1/6/2015.