Section 1120.50  Consideration by the Board

a)         In cases in which there is a recommended decision, the parties may file exceptions to the Administrative Law Judge's recommendation and briefs in support of those exceptions.  Briefs and exceptions shall be filed no later than 21 days after service of the recommendation.  Copies of all exceptions and supporting briefs shall be served upon all other parties and a certificate of service shall be attached.  Any party to the proceeding may file a response to any exceptions and supporting briefs within 21 days from receipt of a party's exceptions and supporting brief. The response shall be filed with the Board and served on all parties.  A party may also file cross-exceptions and a supporting brief within 14 days from receipt of another party's exceptions and supporting brief.  Copies of the cross-exceptions shall be filed with the Board and served on all other parties, and a certificate of service shall be attached.  Any other party may file a response to the cross-exceptions and supporting brief within 14 days from receipt of the cross-exceptions and supporting brief.  The response shall be filed with the Board and served upon all parties, and a certificate of service shall be attached.  If no exceptions have been filed within 21 days after service of the Administrative Law Judge's recommended decision, the parties will be deemed to have waived their exceptions.  If no cross-exceptions have been filed within 14 days after receipt of another party's exceptions and supporting brief, the parties will be deemed to have waived their cross-exceptions.

b)         The Board will review the Administrative Law Judge's recommendation if a party has filed exceptions pursuant to 80 Ill. Adm. Code 1105.220(b) or on the Board's own motion. In cases removed to the Board, the parties will file briefs in the manner directed by the Board, the manner to include the dates on which briefs will be due and the subjects to be addressed in the briefs, as specified by the Board. In cases in  which exceptions are filed and those that are removed to the Board, the Board shall issue and serve on all parties its decision and order in accordance with 80 Ill. Adm. Code 1105.220(c) through (e).

(Source:  Amended at 35 Ill. Reg. 14474, effective August 12, 2011)