Ill. Admin. Code tit. 35 § 380.613

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

Section 380.613 - Hearing and Decision

a) Proposal for Decision

1) When a hearing is held pursuant to Section 380.610, the Hearing Officer shall file with the Director or the Director's designee and serve upon the Agency and operator a proposal for decision within 120 days after the date of the hearing.

2) If a hearing is not held, the Hearing Officer shall file with the Director or the Director's designee and serve upon the Agency and operator a proposal for decision within 45 days after the service of the complaint.

b) Within 21 days after service of the proposal for decision the Agency or the Operator may file with the Director any exceptions, proposed findings of fact, or a brief.

c) Director's Decision

1) The Director shall make a decision on the basis of the contested case record.

2) If the operator does not request a hearing, the Director shall issue a decision within 90 days after the service of the Complaint for Sanctions.

3) If the operator requests a hearing, the Director shall issue a decision within one year after the last hearing date.

4) If the Director determines a sanction is appropriate, the decision must state the suspension or revocation period.

5) The Director shall give written notice of the decision and the reasons for the decision to the operator by certified mail.

Ill. Admin. Code tit. 35, § 380.613

Added at 43 Ill. Reg. 5203, effective 7/1/2019