Ill. Admin. Code tit. 8 § 1.77

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

Section 1.77 - Decision and Order

a) The Director or administrative law judge shall prepare a written order for each contested case. The order shall be supported by concise findings of fact and conclusions of law. The order shall be signed by the Director or administrative law judge.

b) The decision or order shall be presented and conform with the requirements of Section 10-50 of the Illinois Administrative Procedure Act. A copy of such decision or order shall be provided to each party in accordance with Section 10-50 of the Illinois Administrative Procedure Act.

c) Findings of fact and conclusions of law shall be separately stated.

d) Findings of fact shall include specific references to principal supporting items of evidence in the record.

e) The Department's final order may include any or all of the following as authorized by the law or rule under which the contested case was held:

1) A direction to cease and desist from violations of the statute, Department's rules or orders;

2) Suspension of a license(s) or permit(s);

3) Revocation of a license or permit;

4) Such other determinations that may be appropriate according to the law administered by the Department or the rules for that law (e.g., payment of monetary penalties).

f) The administrative law judge's order shall be the final administrative decision of the Department, unless the respondent petitions the Director for a stay or reconsideration of the administrative law judge's decision within the time period specified in Section 1.114.

g) The Director's decision on a petition for reconsideration or stay shall be the final decision of the Department. When the Director functions as the administrative law judge in any contested case hearing, the Director's decision shall be the final decision of the Department. The final decision of the Department is subject to Administrative Review (Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 3-101 et seq.)).

Ill. Admin. Code tit. 8, § 1.77

Added at 16 Ill. Reg. 15850, effective October 5, 1992