Ill. Admin. Code tit. 95 § 400.1320

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

Section 400.1320 - Redress of Injuries to Property

a)Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the SMF, that person may convene a board to investigate the complaint. The board shall consist of from one to 3 commissioned officers. For the purpose of this investigation, the board has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, who shall also approve the amount of the assessment. The assessment shall be charged against the pay of the offenders. The order of the commanding officer authorizing the assessment amount is conclusive instruction for any disbursing officer to make payment to the injured parties of the damages assessed and approved.

b)If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board. (Code Section 139)

Ill. Admin. Code tit. 95, § 400.1320

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