Ill. Admin. Code tit. 80 § 1240.100

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

Section 1240.100 - Motions

a) In matters set for hearing, all motions must be filed with the assigned Administrative Law Judge (ALJ). Once the ALJ's recommended decision has issued, all motions should be filed with the General Counsel in the Board's Chicago office.

b) Motions must be made in writing unless made during the hearing, at which time the motions may be made orally on the record. Motions must briefly state the grounds for the motion and any relief requested. Written motions must be served in accordance with Section 1240.50.

1) Motions to extend time for the filing of documents must contain a statement that the moving party discussed the requested extension with the other parties. If no objections were raised, the moving party must certify that the other parties were consulted and authorized the moving party to represent that they have no objections. If objections were raised, the moving party must describe those objections and its response.

2) At any time prior to the issuance of the recommended decision, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be in writing to the General Counsel, with a copy to the ALJ, setting out the specific instances of bias or conflict of interest. An adverse decision or ruling, in and of itself, will not be considered grounds for disqualification. The General Counsel may decline to disqualify the ALJ or may appoint another ALJ to hear the case.

c) Responses and any other answering documents, including memoranda and affidavits, must be filed within 5 days after service of the motion, or as otherwise required by the ALJ or the Board. Responses must be served in accordance with Section 1240.50.

d) Rulings on motions shall be made in writing and served on all parties to the proceeding. The ALJ may reserve ruling on any motion until the issuance of the recommended decision.

e) Rulings on motions shall not be appealed to the Board, unless as otherwise provided by the Board.

Ill. Admin. Code tit. 80, § 1240.100