2020 IL App (1st) 190620
Ill. App. Ct.2021Background:
- Lois Owen filed charges Dec. 3, 2013, alleging Paul Cigna (her supervisor) and Professional Consultants, Inc. (PCI) subjected her to sexual harassment and a hostile work environment while employed at PCI in Lisle.
- After a two-day hearing the ALJ issued a recommended liability determination (Sept. 11, 2017) and a recommended final order (mailed Apr. 24/25, 2018) awarding emotional distress damages and attorneys’ fees.
- The statute and Commission rule required any exceptions to the ALJ’s recommended order be filed within 30 days of receipt of service of that order; service by mail is “deemed complete four days after mailing.”
- PCI and Cigna filed exceptions on May 30, 2018; the Commission determined the exceptions were untimely (more than 30 days after deemed receipt) and adopted the ALJ’s recommended order as the Commission’s order.
- PCI and Cigna moved to vacate; the Commission denied the motion; petitioners appealed. The appellate court considered venue and timeliness issues and affirmed the Commission.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the First District has jurisdiction despite venue provision requiring filing in the district where the alleged violation occurred | Cigna/PCI: Section 8-111(B) permits review in the Appellate Court and venue is procedural; filing in the First District is acceptable | Commission/State: Venue requires filing in Second District (Lisle); wrong district deprives court of authority | Court: Venue and jurisdiction are distinct; section 8-111(B) confers jurisdiction on appellate courts and the venue objection was forfeited; the First District had jurisdiction to hear the merits |
| Whether exceptions were timely under 775 ILCS 5/8A-103(A) and Commission rules (service computation) | Cigna/PCI: Four-day deemed receipt fell on a weekend so computation rule extends to Monday, making May 30 filing timely | Commission/State: Service is "deemed" to occur four days after mailing regardless of weekend; computing 30 days from that deemed date made May 30 untimely | Court: The rules "deem" receipt four days after mailing even if that day is a weekend; exceptions were filed after 30 days and thus untimely, so Commission properly adopted ALJ order |
Key Cases Cited:
- Peabody Coal Co. v. Industrial Comm’n, 307 Ill. App. 3d 393 (administrative-review jurisdiction must be considered sua sponte)
- A.O. Smith Corp. v. Industrial Comm’n, 109 Ill. 2d 52 (statutory limits on appellate review)
- People ex rel. Madigan v. Illinois Commerce Comm’n, 231 Ill. 2d 370 (special statutory jurisdiction is limited to the statute’s language)
- Slepicka v. Illinois Department of Public Health, 2014 IL 116927 (distinguishing venue from jurisdiction; venue is procedural)
- Gemini Services, Inc. v. Martin, 141 Ill. App. 3d 17 (service by mail is "deemed" complete four days after mailing; deemed date controls computation)
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 (deference to agency interpretations of statute/regulations)