Ill. Admin. Code tit. 80 § 1240.140

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

Section 1240.140 - Board Review of the Administrative Law Judge's Recommended Decision

The State Panel of the Illinois Labor Relations Board shall review the Administrative Law Judge's (ALJ's) recommended decision and determine by a majority vote whether there was clear and convincing evidence that the respondent, while under oath, knowingly and willfully made false statements as to a material fact going to the offense of murder.

a) Parties may file exceptions to the ALJ's recommended decision and briefs in support of those exceptions no later than 30 days after service of the recommended decision. Exceptions must be filed with the Board's General Counsel in the Board's Chicago office. Exceptions shall specifically set forth the questions of procedure, fact, law or policy to which exception is taken, shall identify that part of the ALJ's recommended decision to which exception is made, and shall state the grounds for the exceptions and shall include the citation of authorities unless set forth in a supporting brief. Any exception to a ruling, finding, conclusion or recommendation that is not specifically raised shall be deemed to have been waived. Any exception that fails to comply with the foregoing requirements may be disregarded. If no exceptions to the ALJ's recommended decision are filed within the prescribed time period, the parties will be deemed to have waived their exceptions.

b) Parties may file responses to the exceptions and briefs in support of those responses no later than 15 days after service of the exceptions. Responses shall be limited to the issues raised in the exceptions.

c) Any brief in support of the exceptions or responses shall be confined to the subjects raised in the exceptions and shall contain:

1) a clear and concise statement of the case containing all that is material to the consideration of the questions presented;

2) a specification of the questions involved and the issues to be argued; and

3) an argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question.

d) All briefs shall be no more than a total of 50 double-spaced pages with margins of at least 1/2 inch, including attachments. All of the pages in excess of the 50-page limit will be rejected. The General Counsel may grant approval of briefs containing more than 50 pages only in extraordinary circumstances (e.g., in cases involving extremely complex issues, in cases involving factual or legal issues of first impression, or in cases involving a lengthy factual record).

e) The Board will review the ALJ's recommended decision upon the timely filing of exceptions. The Board will make a finding to uphold, vacate or modify the recommended decision. The Board may adopt all, part or none of the recommended decision depending on the extent to which it is consistent with the record and applicable law. The Board shall issue and serve its decision and order upon the parties and upon LETSB. If no exceptions to the ALJ's recommended decision are filed within the prescribed time period, the Board's General Counsel shall issue an order so providing and serve it upon the parties and upon LETSB.

f) None of the Illinois Labor Relations Board State Panel's findings or determinations shall set any precedent in any of its decisions decided pursuant to the Illinois Public Labor Relations Act by the Illinois Labor Relations Board or the courts. [50 ILCS 705/6.1(o) ]

Ill. Admin. Code tit. 80, § 1240.140