Section 1105.220  Decisions and Exceptions

a)         Pursuant to the procedures established in 80 Ill. Adm. Code 1120.40, the Administrative Law Judge shall issue a recommended decision and give reasons for that decision or shall remove the case to the Board.

b)         In cases in which the Administrative Law Judge issues a recommended decision, the parties may file exceptions to the Administrative Law Judge's recommended decision and briefs in support of those exceptions no later than twenty-one days after the receipt of the recommended decision.  Those exceptions and briefs shall be filed with the General Counsel.  Exceptions shall specify each finding of fact and conclusion of law to which exception is taken. Copies of all exceptions and supporting briefs shall be served upon all other parties and a certificate of service shall be attached. The other parties shall have twenty-one days from receipt of the exceptions and supporting brief to file a response with the General Counsel.  Such response shall be served on all parties and a certificate of service shall be attached.  A party may also file cross-exceptions and a brief in support of those cross-exceptions no later than 14 days after receipt of another party's exceptions.  Those cross-exceptions and briefs shall be filed with the General Counsel.  Copies of all cross-exceptions and supporting briefs shall be served upon all other parties and a certificate of service shall be attached.  The other parties shall have 14 days from receipt of the cross-exceptions and supporting brief to file a response with the General Counsel.  Such response shall be served on all parties and a certificate of service shall be attached.  Parties shall file the original and seven copies of their exceptions, cross-exceptions and supporting brief or response with the General Counsel. The General Counsel shall provide the Board with copies of the exceptions, cross-exceptions, briefs, and the recommended decision.

c)         The Board shall review the Administrative Law Judge's decision and any exceptions pursuant to 80 Ill. Adm. Code 1120.50(b) and shall issue and serve upon all parties its decision and order.  This written decision and order shall include the Board's reasons for its decision.  This decision is a final decision for the purposes of the Administrative Review Law [735 ILCS 5/Art. III].

d)         If no exceptions have been filed within 21 days after the parties' receipt of the Administrative Law Judge's recommended decision, the parties will be deemed to have waived their exceptions.

e)         In cases removed to the Board pursuant to 80 Ill. Adm. Code 1120.40(f), the Board shall review the record and briefs submitted by the parties and shall issue and serve upon all parties a written decision and order. This written decision and order shall include the Board's reasons for its decision.

(Source:  Amended at 28 Ill. Reg. 8710, effective June 6, 2004)