Section 475.40  Notice of Hearing

a)         All hearings conducted under the jurisdiction of the ISBE or the State Superintendent shall be initiated by issuance by the ISBE or the State Superintendent of Education, upon written request or upon the Superintendent's own motion, of a written Notice of Opportunity for Hearing, which shall be served upon all known parties to the hearing.

b)         All hearings conducted under the jurisdiction of the STCB shall be initiated when the STCB or the State Superintendent of Education issues a written Notice of Opportunity for Hearing.  Such a notice shall be served upon all known parties to the hearing and shall be issued:

1)         upon written request of a person entitled to a hearing; or

2)         upon presentation of evidence to the STCB or the State Superintendent demonstrating that a certificate should be suspended or revoked under Section 21-1 or 21-23 of the School Code [105 ILCS 5/21-1 or 21-23].

c)         Any party receiving a Notice of Opportunity for Hearing must file a request for hearing within ten days after receipt.  When such a request is received, a Notice of Hearing shall be issued by the entity under whose jurisdiction the hearing will be held.

d)         Requirements for Service of Notices

1)         Service of either a Notice of Opportunity for Hearing or a Notice of Hearing shall be complete when it has been:

A)         served in person; or

B)         served by certified or registered United States Mail, addressed to the last known address of the person(s), partnership(s), association(s), or corporation(s) involved.

2)         A Notice of Hearing shall be served no fewer than 30 days before the day designated for the hearing.

3)         The person serving the notice shall certify to the manner and date of service in the following form:

If service is made by a non-attorney, the certificate of manner and date of service shall be subscribed and sworn to before a notary public.

e)         A Notice of Hearing served under this Section shall include:

1)         The time, place and nature of the hearing;

2)         The legal authority and jurisdiction under which the hearing is to be held;

3)         A reference to the particular section of the statutes and rules involved;

4)         A short and plain statement of the matters asserted, except where a more detailed statement is otherwise provided for by law; and

5)         A designation of a hearing officer, if any, to preside over the hearing, and the hearing officer's address.

f)          A copy of a Notice of Hearing served pursuant to this Section shall be referred to the designated hearing officer or other designated individual, together with the original complaint, application or report and any written request for a hearing filed pursuant to this Part.

g)         Service of any document other than a notice upon any party may be made by personal delivery or by depositing it in the United States Mail, postage prepaid, addressed to the last known address of the party.  The person serving the document shall certify to the manner and date of service as specified in subsection (d)(3) of this Section.

(Source:  Amended at 31 Ill. Reg. 10035, effective June 26, 2007)