2 Ill. Adm. Code 3430.70
Initiating an Investigation
Section 3430.70 Initiating an Investigation
a)
Investigations
may be based on complaints from any source, including anonymous sources, and
may be self-initiated, without a complaint
[605 ILCS 10/8.5(d)].
1) The
OIG shall
receive and investigate complaints or information from an employee
of the Authority concerning the possible existence of an activity constituting
a violation of law, rules or regulations, mismanagement, abuse of authority, or
substantial and specific danger to the public health and safety
[605 ILCS
10/8.5(f)(9)].
2) The
OIG also investigates allegations of
fraud, waste, abuse, mismanagement,
misconduct, nonfeasance, misfeasance, or malfeasance
[605 ILCS 10/8(e)(1)].
3) The
OIG shall
review hiring and employment files of the Authority to ensure
compliance with Rutan v. Republican Party of Illinois, 497 U.S.
62 (1990), and with all applicable employment laws
[605 ILCS 10/8.5(f)(7)].
b) Within
30 business days after the receipt of the complaint, allegation, or
information, the OIG shall conduct a preliminary investigation to determine if
it suggests possible misconduct or violation of any rule, regulation, policy or
law.
c) The
minimum requirements for initiating an investigation include, but are not
limited to, the following:
1) Jurisdiction.
2) Statute
of limitations.
3) Whether
the allegations can be independently verified through investigation.
d) After
conducting the preliminary investigation and considering the minimum
requirements for initiating an investigation and any other relevant
information, the Inspector General shall determine whether the OIG shall:
1) Not
conduct an investigation.
2) Open an
investigation.
3) Refer
the complaint, allegation or information to the appropriate agency, individual
or entity.
4) Consolidate
the matter with a pending investigation of a similar nature.
5) Suspend
opening an investigation pending an external investigation or legal proceeding
by law enforcement, prosecutorial entity, or other governmental entity.