Section 300.1130  Disqualification of a Hearing Officer

At any time prior to the issuance of a substantive ruling by a Hearing Officer, a party may move to disqualify the Hearing Officer on the grounds of bias or conflict of interest. The motion shall be made in writing to the General Counsel or Chief Administrative Law Judge, with a copy to the Director and the Hearing Officer, setting forth the specific instances of bias or conflict of interest. The Director and/or her/his designee will assign the matter for a determination to a Hearing Officer not challenged in the motion. An adverse decision or ruling, in and of itself, is not grounds for disqualification. The Hearing Officer's employment or contract as a Hearing Officer by the Department is not, in and of itself, a conflict of interest. The case shall be suspended until the neutral Hearing Officer rules on the motion. The neutral Hearing Officer may decline to disqualify the presiding Hearing Officer or appoint another Hearing Officer to hear the case.

(Source:  Added at 35 Ill. Reg. 12933, effective July 20, 2011)