Ill. Admin. Code tit. 74 § 310.240

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

Section 310.240 - Reports of Hearings

a) In every contested case conducted before a hearing officer, the hearing officer will file a written report that contains his or her Findings of Facts and Conclusions of Law with respect to the allegations contained in the Complaint or Petition for Hearing and his or her Recommendation to the Comptroller.

b) In every contested case conducted before the Comptroller, separate Findings of Fact and Conclusions of Law shall be stated in a written report in support of the Order of the Comptroller.

c) Decisions and Orders

1)A final decision or order adverse to a party (other than the Office of the Comptroller) in a contested case shall be in writing or stated in the record. A final decision shall include Findings of Fact and Conclusions of Law, separately stated. Findings of Fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with this subsection (c)(1), a party submitted proposed Findings of Fact, the decision shall include a ruling upon each proposed finding. Parties or their agents appointed to receive service of process shall be notified either personally or by registered or certified mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith to each party and to his or her attorney of record.

2)All orders shall specify whether they are final and subject to the Administrative Review Law [735 ILCS 5 /Art. III]. Every final order shall contain a list of all parties of record to the case, including the name and address of the officer entering the order and the addresses of each party, as known to the officer, where the parties may be served with pleadings, notices, or service of process for any review or further proceedings. Every final order shall also state whether the rules of the Office of the Comptroller require any motion or request for reconsideration and cite the rule for the requirement. [5 ILCS 100/10-50]

d) The record in a contested case shall include the following:

1)All pleadings (including all notices and responses to pleadings), motions, and rulings.

2)All evidence received.

3)A statement of matters officially noticed.

4)Any offers of proof, objections, and rulings on offers of proof and objections.

5)Any proposed findings and exceptions.

6)Any decision, opinion, or report by the hearing officer.

7)All memoranda or data submitted to the hearing officer in connection with the hearing officer's consideration of the case that are inconsistent with Section 310.170(d).

8)Any communication prohibited by Section 310.170(d). No such communication shall form the basis for any finding of fact.

e)Oral proceedings or any part of those proceedings shall be recorded stenographically or by other means that will adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on the request of any party.

f)Findings of Fact shall be based exclusively on the evidence and on matters officially noticed. [5 ILCS 100/10-35]

Ill. Admin. Code tit. 74, § 310.240

Amended at 42 Ill. Reg. 16010, effective 8/1/2018