Ill. Admin. Code tit. 38, § 100.70 - Notice of Preliminary Hearing
a)
The Notice of Preliminary Hearing shall include:
1)
A statement of the time, place,
and nature of the Preliminary Hearing;
2)
A statement of the legal authority
and jurisdiction under which the Preliminary Hearing is to be
held;
3)
A
reference to the particular sections of the substantive and procedural statutes
and rules involved;
4)
Except when a more detailed statement is otherwise provided for by law,
a short and plain statement of the matters asserted, the consequences of a
failure to respond, and the official file or other reference
number.
5)
To the
extent such information is available, the names, phone numbers, email
addresses, and mailing addresses of the Administrative Law Judge or designated
agency contact, Parties, and all other persons to whom the agency gives notice
of the Preliminary Hearing unless otherwise confidential by
law. [5 ILCS
100/10-25(a)]
6) A statement that the purpose of the
Preliminary Hearing is to set a date on which all Parties expect to be prepared
to proceed with their cases and to rule on any preliminary motions that are
presented.
b) Except as
otherwise provided by law, the Petitioner will be given at least 20 days'
notice prior to the first date set for the Preliminary Hearing or status call.
Once notice is given, it will thereafter be the responsibility of the
Petitioner to know subsequent Hearing or status call dates.
c) Nothing in this Section shall prevent the
Department from scheduling a Formal Hearing without a Preliminary Hearing and
with less than 20 days' notice when the Secretary or Director summarily or
temporarily suspends or revokes any license under the Applicable Act, issues a
temporary order, or when necessary to comply with applicable law.
d) Any contention that improper notice was
given will be deemed waived unless it is raised by the Petitioner prior to
argument on any other motion or, if no other motions are presented, prior to
the commencement of opening statements.
Notes
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