Ill. Admin. Code tit. 56 § 5300.40

Current through Register Vol. 48, No. 45, November 8, 2024

Section 5300.40 - Filing

a) All documents and pleadings required by the Act or this Part to be filed with the Commission shall be deemed filed when received in the Commission's Chicago or Springfield office. An item properly received by mail shall be deemed to have been filed on the date specified in the applicable proof of mailing. Proof of mailing shall be made by filing with the Commission a certificate of the attorney, or the affidavit of a person who is not an attorney, stating the date and place of mailing and the fact that proper postage was prepaid. The certificate or affidavit shall be filed with the Commission at the same time the item to which it refers is filed. If the certificate or affidavit does not accompany an item filed by mail, an item received by mail shall be deemed to have been filed when postmarked, properly addressed, and posted for delivery.

b) All papers, and copies of those papers, for filing and service shall be typewritten on white paper 81/2 by 11 inches. Copies may be reproduced by any printing or duplicating process providing a clear image. All filings must be unbound.

c) Each document, in an initial filing, shall bear on the first page the caption, descriptive title, and the Charge numbers assigned by the Department, and shall identify the party on whose behalf it is to be filed. All subsequent documents after the initial filing shall also include the Administrative Law Section (ALS) file number. For all documents in any matter that is proceeding under the alternative hearing procedure of Section 8A-102.5 of the Act, the words "alternative hearing procedure" and the name of the Administrative Law Judge hearing the matter shall be contained in the caption following the ALS file number. The final page of each document shall contain the name, address, and telephone number of the attorney in active charge of the case, or of the party if appearing pro se.

d) If the matter is pending before an Administrative Law Judge, the original and one copy of each document shall be filed.

e) Except for a Request for Review and documents in support of a Request for Review, if a document is to be considered by a Commission panel, then the original and one copy of the document must be filed. If the document is to be considered by the full Commission, then the original and one copy must be filed. If a document is a Request for Review or is in support of a Request for Review, then only the original must be filed. The following documents are considered documents in support of a Request for Review: motion for extension of time, response to Request for Review, reply to response to Request for Review, argument in support of Request for Review, and non-party response to Request for Review.

f) Except as otherwise provided, all pleadings and other papers required to be served on a party shall be filed as follows:

1) in matters pending before an Administrative Law Judge, such pleadings and papers shall be filed in the Commission office to which that Administrative Law Judge is assigned;

2) if the document is to be considered by a Commission panel or the full Commission, the document shall be filed with the Executive Director in the Commission's Chicago or Springfield office.

g) The office hours of the Commission are from 8:30 a.m. to 5:00 p.m. No filings filed in person will be accepted outside regular business hours.

h) Parties shall not include Social Security Numbers in documents filed with the Commission.

i) All documents filed electronically must be in PDF format.

Ill. Admin. Code tit. 56, § 5300.40

Amended at 20 Ill. Reg. 7820, effective June 1, 1996

Amended at 44 Ill. Reg. 18930, effective 11/23/2020

Amended at 46 Ill. Reg. 17343, effective 10/5/2022