Ill. Admin. Code tit. 80 § 250.130

Current through Register Vol. 48, No. 44, November 1, 2024

Section 250.130 - Review Procedures

a) Review by Director of Action, or Omission, of Designated Employer Representative. Any action, or omission, by a designated employer representative shall be the basis for a review decision by the Director, upon a timely filed written request by an applicant, a candidate, or an employee. The request shall be deemed to be timely filed if filed within 15 calendar days following the action, or omission of the action, by the employer, or within 15 calendar days after the employee receives a response from the employer containing the final institutional administrative decision, or as otherwise may be deemed appropriate by the Director under the circumstances. The employer, within 10 days after notice by the Director of the filing of a request for review, shall present a statement of the employer's position and a confirmation that the employee has exhausted his normal administrative remedies with his employer. Within 30 days following the receipt of the employer's confirmation of the exhaustion of remedies with the employer, the Director shall render his Review Decision. The Director and Merit Board staff shall have the right to examine all pertinent records of the employer and the right of direct personal interview and inquiry with appropriate parties.

b) Review by Merit Board of Review Decision of Director. An applicant, a candidate, an employee, or an employer, affected by a Review Decision of the Director under Section 250.130(a), may file a written request with the Secretary for the Merit Board for a Merit Board review of the Director's Review Decision, provided that such request is filed within 30 calendar days from the date of the Director's Review Decision. If no such request is timely filed, the Director's Review Decision shall be the final decision of the Merit Board. Such a request must be received by the Secretary for the Merit Board at least 15 calendar days prior to the next scheduled meeting of the Merit Board for it to be included on the agenda for that meeting; if not so received, it will be placed on the agenda for the next scheduled meeting of the Board. The Merit Board shall examine the record and the Review Decision of the Director and affirm such Review Decision as the final Decision and Order of the Merit Board, or the Merit Board may order such further review procedures as it may deem necessary or desirable. The final Decision and Order of the Merit Board shall be certified by the Secretary for the Merit Board to the Director and to the parties to the Review proceeding.

Ill. Admin. Code tit. 80, § 250.130

Amended at 9 Ill. Reg. 17422, effective October 23, 1985