TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY
SUBTITLE C: LOTTERY
CHAPTER II: DEPARTMENT OF THE LOTTERY
PART 1700 LOTTERY HEARINGS
SECTION 1700.10 GENERAL EXPLANATION OF PROCEDURE
Section 1700.10 General Explanation of Procedure
a) This Part shall apply to all Lottery hearings, except rulemaking hearings, conducted by the Department of the Lottery (Department), the Lottery Control Board (Board), or any hearing officer designated by the Board and appointed by the Superintendent of the Lottery (Superintendent), under the authority of Section 7.3 of the Illinois Lottery Law [20 ILCS 1605/7.3].
b) A person, whose license as a lottery sales agent has been non-renewed, suspended or revoked, or whose application for a lottery sales license has been denied, or who is otherwise seeking a hearing before the Department pursuant to Section 7.3 of the Illinois Lottery Law, shall notify the Secretary of the Board of a request for a hearing, as provided by this Part. The Secretary of the Board (Secretary), within 3 days after the receipt of such request, shall notify the Director, who shall assign or appoint a hearing officer to hear the action from among those hearing officers designated by the Board. Where the request for a hearing arises from the revocation of a license without prior notice and opportunity for a hearing, such hearing shall be held within 30 days after the revocation order has been issued. In all other requests for a hearing, the Department shall, within 14 days, schedule either an informal conference or a hearing, to be held not later than 45 days after the date of its scheduling. Notice of any hearing scheduled by the Secretary shall be served upon the parties as provided in Section 1700.80, and shall include the information required by Section 10-25 of the Illinois Administrative Procedure Act [5 ILCS 100/10-25]. The hearing officer shall, upon the close of all proofs in the hearing before him or her, file findings and recommendations with the Superintendent as provided in Section 1700.180, with a copy to be forwarded to each party to the action.
c) Any party may, within 20 days after the date such notice of the proposed findings and recommendations is received by certified mail (or returned as undelivered or unclaimed), file with the Secretary, in writing, a Motion for Review, with a copy to each party to the action. The party seeking the review shall then have 35 days from the date of the filing of the notice of the Motion for Review to file, with the Secretary, a brief as to the specific errors of the hearing officer as set forth in subsection (d), with a copy to each party. All other parties may file responsive briefs with the Secretary within 35 days of receipt of written notice from the Secretary that the brief supporting the Motion for Review has been filed. The Secretary shall transmit, within 85 days after receipt of the Motion for Review, the record of the action, including all documents, evidence, and transcripts submitted to or taken from the hearing, along with the Motion for Review and the briefs submitted by the parties, to the Board. The Board shall review the record of the case and shall make recommendations to the Superintendent within 90 days of the date of receipt of the record of the case.
d) The Board shall review the record, in its entirety, to determine that the findings of fact by the hearing officer are not against the manifest weight of the evidence, the hearing officer has applied the law and regulations correctly, and that the conduct and procedures of the hearing did not prejudice any party.
e) The recommendation of the Board to the Director shall be transmitted by the Secretary to the parties to the action. Any party has a right to make a final appeal to the Superintendent. A party may note exceptions to the recommendations of the Board, along with supporting briefs, within 14 days of the receipt of notice of the recommendations of the Board. The Superintendent shall have 30 days to review the record of the case and the Board's recommendation. The Superintendent shall then enter an order either adopting or not adopting the hearing officer's or Board's recommended decision of the matter. Such order shall be served pursuant to Section 1700.80.
f) Any party adversely affected by a final decision or order of the Superintendent may obtain judicial review as provided by the Administrative Review Law [735 ILCS 5/Art. III]. Such petition for review must be filed within 35 days after the receipt of the order or decision by certified mail for which judicial review is sought.
(Source: Amended at 18 Ill. Reg. 11168, effective July 1, 1994)