Ill. Admin. Code tit. 38, § 100.220 - Motions
a) Motions will be
made in writing, unless otherwise allowed by the Administrative Law Judge prior
to or during the course of a Hearing. Written motions are limited to the
following:
1) To request dismissal of an
Administrative Decision for failure to state facts that, if true, would form a
sufficient basis for discipline.
2)
To request sanctions in accordance with Section
100.90(Representation).
3) To request sanctions in accordance with
Section 100.130 (Discovery).
4) To
request dismissal of a Petition for Hearing, for failure to comply with Section
100.30
(Petition for Hearing).
5) To
request dismissal when the Party bearing the burden of proof has concluded
their case without presenting sufficient evidence
6) To request a continuance or extension of
time to comply with any provision of this Part.
7) To request that an Order entered by the
ALJ be vacated or modified.
8) To
request a prehearing.
9) To request
separation of cases joined by the Department.
10) To request disqualification of an ALJ in
accordance with Section
100.175(Hearings).
11) To request a protective order to prevent
exposure in the public domain of records or other information that is of a
sensitive or confidential nature or to seal the record in accordance with
Sections
100.230(f)
(Evidence and Standard of Proof) and
100.255(Confidentiality).
12) To request that a Notice to Plead or Be
Held in Default be issued upon failure to file a complete Petition for Hearing,
Answer, or other responsive pleading in accordance with Section
100.120
(Requirement of and Answer; Default).
13) To compel discovery.
b) When any motion is filed, the ALJ may
allow oral argument if this is deemed necessary for a fuller understanding of
the issues presented. When facts that are not part of the record in the case
are alleged as a basis for the request, an affidavit will be attached to the
motion setting forth those facts. Facts outside of the Administrative Decision
cannot be used to support a motion to dismiss for failure to state facts that,
if true, would form a sufficient basis for the Administrative
Decision.
c) Motions and any
responses or replies shall be filed in accordance with Sections
100.50 and
100.60
with copies to the ALJ and other Parties or their counsel. Unless otherwise
directed by an ALJ, a Party shall have 20 days from the date of service to
respond to a motion and 10 days from date of service to reply to a
response.
Notes
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