Ill. Admin. Code tit. 95 § 400.500

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.500 - Charges and Specifications

a)Charges and specifications shall be signed by a person subject to the Code under oath before a commissioned officer authorized by Code Section 136(a) to administer oaths and shall state that:

1)the signer has personal knowledge of, or has investigated, the matters set forth in the charges and specifications; and

2) the charges and specifications are true in fact to the best of the signer's knowledge and belief. (Code Section 30(a))

b)Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made in the interest of justice and discipline. The person accused shall be informed of the charges as soon as practicable. (Code Section 30(b))

c) If a person subject to the Code commits a non-military offense, and that offense is an offense under both the law of the state where committed and under the law of another state, then the charges and specifications shall be drafted as violations of the law of the state where the offense was committed.

Ill. Admin. Code tit. 95, § 400.500

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.