- a) After a charge has been filed, the Department's staff shall institute an investigation to ascertain the facts relating to the civil rights violation as alleged in the charge and any amendments.
- b) A respondent must promptly provide the Department with a notice of any change in address or telephone number or of any prolonged absence from the current address so that respondent can be located. If, during the investigation, a respondent refuses to cooperate, the Director may either make a finding of substantial evidence or request the Commission issue subpoenas to compel the attendance of witnesses or the production of documents.
- c) A complainant must promptly provide the Department with a notice of any change in address or telephone number or of any prolonged absence from the current address so that he or she can be located. A complainant must cooperate with the Department, provide necessary information and be available for interviews and conferences upon reasonable notice or request by the Department. If a complainant cannot be located or does not respond to reasonable requests by the Department, the Department may dismiss the charge pursuant to Section 2520.560 of this Part.
- d) The Director may request the Commission issue subpoenas to compel the production of any documents and/or the attendance of witnesses at an interview conducted by the Department or at a fact-finding conference.
- e) The Department may withhold any witness statement, or the identity of any witness, as confidential upon the request of a party or the witness.
- f) The Department shall neither rely on nor make credibility determinations without affording the parties the rights of confrontation and cross-examination. (See Cooper v Salazar, #98C2930, U.S. District Court for the Northern District of Illinois, Order dated November 1, 2001, paragraph 26.1).
(Source: Amended at 31 Ill. Reg. 14815, effective October 19, 2007)