Ill. Admin. Code tit. 71 § 2300.70

Current through Register Vol. 48, No. 50, December 13, 2024

Section 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.

Ill. Admin. Code tit. 71, § 2300.70

Amended at 29 Ill. Reg. 13808, effective August 25, 2005