Ill. Admin. Code tit. 38, § 100.250 - Administrative Law Judge Reports and Orders of the Director
a) In every contested case, except for
defaults, the ALJ will file a written Report and Recommendation that contains
Findings of Fact and Conclusions of Law with respect to the allegations
contained in the Administrative Decision or Notice of Preliminary Hearing,
unless the Parties reach an agreed disposition.
b) When the recommendation is for discipline,
the ALJ will include their specific recommendation as to type, duration, and/or
amount.
c) After the ALJ forwards
the report to the Secretary or Director, as applicable, all Parties will
receive a copy of the ALJ's report. Within 20 days after the ALJ's report is
sent to the Parties, either Party may request that a rehearing, or additional
Hearings, be ordered by the Secretary or Director, as applicable. A rehearing
shall be ordered by the Secretary or Director, as applicable, when the
Secretary or Director determines that substantial justice has not been
done.
d) When a rehearing or an
additional Hearing is requested, the request shall be in the form of a motion
and shall state with specificity the reasons for the request. If it is alleged
that new evidence is available that was not available at the time of the
Hearing, the affidavit shall describe the new evidence and reasons why it was
not available for use at the Hearing. Any opposing Party may file a response,
which shall be filed within 20 days after the date the motion is filed, and, if
it does so, the requesting Party may reply, which shall be filed within 10 days
after the responding Party filing its response.
e) After a motion for rehearing has been
filed and a response and reply has been filed or the time therefor has passed,
the Secretary or Director, as applicable, shall enter an Order ruling on any
motion for rehearing. If the motion is denied, the Secretary or Director, as
applicable, in the same Order, shall further adopt, reject or modify the
Findings of Fact and Conclusions of Law of the ALJ, adopt or reject the
recommendation of the ALJ, and enter a decision.
f) An Order of the Secretary or Director
granting a rehearing is not a final order as defined by the Administrative
Review Law [735 ILCS 5 /Art. III]. An Order of the Secretary or Director
denying a motion for rehearing and entering a decision on the merits of the
case is a final Order as defined by the Administrative Review Law and is
subject to judicial review.
g) The
Secretary or Director, as applicable, will not consider motions to reconsider
or modify a final decision made or Order entered. The proper avenue of relief
is to file a complaint under the Administrative Review Law.
Notes
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