Illinois Compiled Statutes 20 ILCS 415/10 – Duties and powers of the Commission
Current as of: 2024 | Check for updates
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The Civil Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of
(1) Upon written recommendations by the Director of
the Department of Central Management Services to exempt from jurisdiction B of this Act positions which, in the judgment of the Commission, involve either principal administrative responsibility for the determination of policy or principal administrative responsibility for the way in which policies are carried out. This authority may not be exercised, however, with respect to the position of Assistant Director of Healthcare and Family Services in the Department of Healthcare and Family Services.
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(2) To require such special reports from the Director
as it may consider desirable.
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(3) To disapprove original rules or any part thereof
within 45 days and any amendment thereof within 30 days after the submission of such rules to the Civil Service Commission by the Director, and to disapprove any amendments thereto in the same manner. The Commission’s review of original rules or amendments may run concurrently with review conducted by the Joint Committee on Administrative Rules.
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(4) To approve or disapprove within 60 days from date
of submission the position classification plan submitted by the Director as provided in the rules, and any revisions thereof within 30 days from the date of submission.
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(5) To hear appeals of employees who do not accept
the allocation of their positions under the position classification plan.
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(6) To hear and determine written charges filed
seeking the discharge, demotion of employees and suspension totaling more than thirty days in any 12-month period, as provided in Section 11 hereof, and appeals from transfers from one geographical area in the State to another, and in connection therewith to administer oaths, subpoena witnesses, and compel the production of books and papers.
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(7) The fees of subpoenaed witnesses under this Act
for attendance and travel shall be the same as fees of witnesses before the circuit courts of the State, such fees to be paid when the witness is excused from further attendance. Whenever a subpoena is issued the Commission may require that the cost of service and the fee of the witness shall be borne by the party at whose insistence the witness is summoned. The Commission has the power, at its discretion, to require a deposit from such party to cover the cost of service and witness fees and the payment of the legal witness fee and mileage to the witness served with the subpoena. A subpoena issued under this Act shall be served in the same manner as a subpoena issued out of a court.
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Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the subpoena for enforcement in the circuit court of the county in which the person to whom the subpoena was directed either resides or has his or her principal place of business.
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Not less than five days before the petition is filed
in the appropriate court, it shall be served on the person along with a notice of the time and place the petition is to be presented.
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Following a hearing on the petition, the circuit
court shall have jurisdiction to enforce subpoenas issued pursuant to this Section.
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On motion and for good cause shown the Commission may
quash or modify any subpoena.
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(8) To make an annual report regarding the work of
the Commission to the Governor, such report to be a public report.
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(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
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(10) To appoint a full-time executive secretary and
such other employees, experts, and special assistants as may be necessary to carry out the powers and duties of the Commission under this Act and employees, experts, and special assistants so appointed by the Commission shall be subject to the provisions of jurisdictions A, B and C of this Act. These powers and duties supersede any contrary provisions herein contained.
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(11) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend such rules from time to time.
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(12) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed under Jurisdiction B after examination provided that such appeals are filed within 15 calendar days following the effective date of such layoff and are made on the basis that the provisions of the Personnel Code or of the Rules of the Department of Central Management Services relating to layoff have been violated or have not been complied with.
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All hearings shall be public. A decision shall be
rendered within 60 days after receipt of the transcript of the proceedings. The Commission shall order the reinstatement of the employee if it is proven that the provisions of the Personnel Code or of the rules of the Department of Central Management Services relating to layoff have been violated or have not been complied with. In connection therewith the Commission may administer oaths, subpoena witnesses, and compel the production of books and papers.
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(13) Whenever the Civil Service Commission is
authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, such information contained in State files as is necessary to fulfill the request.
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Terms Used In Illinois Compiled Statutes 20 ILCS 415/10
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Subpoena: A command to a witness to appear and give testimony.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.