Ill. Admin. Code tit. 56 § 260.220

Current through Register Vol. 48, No. 25, June 21, 2024

Section 260.220 - [Effective until 1/4/2024] Complaints by Interested Parties

a) Before an interested party may initiate a civil action in the county where an alleged violation of the Act occurred or where any party to the civil action resides, the interested party shall follow the procedural steps below:

1) The interested party shall file a complaint with the Department.

2) The Department, in response to the complaint filed by the interested party, shall send a notice of complaint to the named parties indicating that the named party may contest or cure the allegations in the complaint within 30 days.

3) If the named parties do not cure or respond to the notice within 30 days, then Department shall issue a Right to Sue letter to the interested party.

b) In addition to subsection (a), the Department shall issue a Right to Sue letter if the Director determines

1) The complaint or allegations are unjustified;

2) The Department does not have jurisdiction;

3) The Department will not exercise jurisdiction; or

4) The administrative enforcement proceeding has concluded.

c) An interested party may initiate a civil action 180 days after service of the notice of complaint to the parties if any of the following circumstances exist:

1) The contested complaint is not cured;

2) The parties have not come to a mutual agreement to extend the time period complaint pursuant to subsection (d); or

3) The Department has not issued a Right to Sue letter.

d) The Parties may extend the 180-day waiting period by mutual agreement. However, the limitations period for the interested party to bring such an action shall be tolled for the 180-day waiting period and the for the time of any mutually agreed extensions of such time period.

e) A complaint must be filed within three years after the alleged violations of the Act or this Part.

Ill. Admin. Code tit. 56, § 260.220

Emergency rule added at 47 Ill. Reg. 12457, effective 8/7/2023, for a maximum of 150 days (EMERGENCY)