Ill. Admin. Code tit. 80 § 1.150

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

Section 1.150 - Filing Procedure - Computation of Time

a) Filing and Form of Papers

1) The original copy of a complaint, appeal, pleading, written motion, notice or other paper must be filed in the Springfield office of the Commission. If the last day for filing falls upon a weekend or legal holiday, the last date for filing will be the first business day subsequent to the weekend or legal holiday.

2) Papers shall be signed by the party filing the paper or by the party's representative and shall contain the address of the party or, if represented, the name, business address and telephone number of the representative. Copies of all filed papers shall be served on all parties to the proceedings, and notice of service shall be given to the Commission.

3) Each document shall show on the first page the caption and case number assigned by the Commission, and shall identify the party on whose behalf the document is filed. The final page of each filed document shall contain the name, address and telephone number of the attorney, or of the party if the party is self-represented.

4) In accordance with the Identity Protection Act [ 5 ILCS 179 ], no person's Social Security Number shall be filed or submitted to the Civil Service Commission in a pleading, exhibit or any other document related to a case unless the Social Security Number is essential to the matter before the Commission.

b) Notice

Notice to a designated representative is notice to the client or member represented. Notice to an employee who is not represented shall be served at the address specified in the employee's appeal or, if an address was not specified, to the last address shown in the employee's personnel record.

c) Computation of Time

Whenever a time period commences upon a person's receipt of service by mail, receipt shall be presumed to have occurred on the fourth day after mailing. The presumption may be rebutted by proper proof.

d) Filing by Facsimile and/or Electronic Mail

Filings may be by facsimile if done in accordance with this Part. Filings may be by electronic mail if agreed to by all of the parties, but electronic filing of any or all pleadings, orders, proposals for decision, finding and decision of the Commission, or any other document will only be allowed with the prior approval of the Administrative Law Judge assigned to the proceeding as to the form and manner of the filing. By agreement of all parties, the Administrative Law Judge may order that routine communications regarding scheduling matters be conducted via electronic mail. Pursuant to Section 10-70 of the Illinois Administrative Procedure Act [ 5 ILCS 100 ], compliance with that Act regarding service and/or notice may be waived by the parties.

e) Electronic Filing System

Upon implementation of an electronic filing system, filings may be done electronically with the Commission.

Ill. Admin. Code tit. 80, § 1.150

Amended at 34 Ill. Reg. 3485, effective March 3, 2010

Amended at 42 Ill. Reg. 16395, effective 9/1/2018