Ill. Admin. Code tit. 11 § 1900.825

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

Section 1900.825 - Appointment of Administrative Law Judge

a) The Chairman of the Board may provide for or appoint an attorney admitted to the practice of law by, and in good standing with, the Illinois Supreme Court as an Administrative Law Judge (ALJ) to conduct a hearing in accordance with this Subpart. If designated, the Administrator may provide for the appointment of an ALJ to conduct a hearing in accordance with this Subpart. The petitioner will be copied on the letter of appointment and the letter will serve as notice of the pendency of the hearing. The ALJ shall establish a status date and notify the parties of that date.

b) If the petitioner believes the ALJ is biased or has a conflict of interest, the petitioner may file with the Board a motion to disqualify the ALJ from conducting the hearing. The motion must be in writing, accompanied by an affidavit signed and dated by the petitioner setting forth the specific grounds for disqualification. The petitioner shall serve a copy of the motion on the ALJ. Prior adverse rulings against the petitioner or its attorney in other matters shall not, in and of themselves, constitute grounds for disqualification. On satisfactory evidence submitted by the petitioner in support of the motion to disqualify, the Board shall remove the ALJ and provide for the reassignment of the case to another ALJ to continue the hearing. Any ALJ may voluntarily disqualify himself or herself upon determining that bias or conflict of interest exists. Grounds for disqualification of an ALJ shall include but not be limited to:

1) Financial interest or pecuniary benefit derived from the gaming industry;

2) Personal friendship with any of the parties, witnesses or attorneys involved;

3) Past representation of any of the parties or witnesses involved; or

4) Demonstrable pre-disposition on the issues.

c) If the motion to disqualify an ALJ is denied, the Board shall set forth in writing the reasons for the denial and the ALJ will proceed with the hearing. The motion to disqualify the ALJ and the reasons for the denial of the motion will be part of the administrative record.

Ill. Admin. Code tit. 11, § 1900.825

Added at 44 Ill. Reg. 10581, effective 6/4/2020.