TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER a: ADMINISTRATIVE RULES
PART 1110 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 1110.210 MOTIONS


 

Section 1110.210  Motions

 

a)         Motions will be made in writing, unless otherwise allowed by the Committee, hearing officer or Director during the course of a hearing.  Written motions are limited to the following:

 

1)         To request dismissal of a Complaint, for failure to state facts which, if true, would form a sufficient basis for discipline.

 

2)         To request sanctions in accordance with the Section of these rules dealing with Representation.

 

3)         To request sanctions in accordance with the Section of these rules dealing with Discovery.

 

4)         To request dismissal of a Petition for Hearing, for failure to comply with the Section of these rules dealing with Institution of a Contested Case by a Petitioner.

 

5)         To request dismissal of a Complaint where the Department's case has been concluded without sufficient evidence having been presented to form a basis for discipline.

 

6)         To request a continuance, or extension of time to comply with any provision of these rules.

 

7)         To request an order granting a rehearing, or additional hearings.

 

8)         To request an order that a Committee or hearing officer reconsider its Findings of Fact, Conclusion of Law or Recommendation to the Director or to request a new hearing or additional hearings.

 

9)         To request that a Committee or hearing officer deem a failure to file an Answer to be an admission of the truth of the allegations contained in the Complaint.

 

10)         To request employment of a hearing officer.

 

11)         To request that a member of the Committee be excluded from the hearing or deliberations, for prejudice.

 

12)         To request that an Order be vacated or modified.

 

13)         To request a prehearing conference.

 

14)         To request separation of cases joined by the Department.

 

15)         To request disqualification of a hearing officer in accordance with Section 110.175.

 

b)       When any motion is filed, the Committee, hearing officer or Director may allow oral argument if this is deemed necessary to a fuller understanding of the issues presented.  Where facts are alleged as a basis for the request, which are not a part of the record in the case, an affidavit will be attached to the motion setting forth such facts.

 

(Source:  Amended at 28 Ill. Reg. 7642, effective May 21, 2004)