Ill. Admin. Code tit. 38 § 100.250

Current through Register Vol. 48, No. 45, November 8, 2024

Section 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.

Ill. Admin. Code tit. 38, § 100.250

Adopted at 45 Ill. Reg. 12525, effective 9/23/2021.