TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.10 AUTHORITY - APPLICABILITY OF THIS PART
Section 508.10 Authority −
Applicability of This Part
a) This Part on practice and procedure for administrative
hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois
Administrative Procedure Act (IAPA) [5 ILCS 100/5-10(a)(i)]. This Part shall
apply to all administrative hearings of the Department of Human Services
governed by the Department's rules at 59 Ill. Adm. Code 50 (Office of the Inspector
General Investigations of Alleged Abuse or Neglect in State-Operated Facilities
and Community Agencies), 59 Ill. Adm. Code 101.75 (Conduct of Hearings and
Appeals for Bogard et al. v Bradley et al. Consent Decree Class Members), 59
Ill. Adm. Code 115 (Standards and Licensure Requirements for Community-Integrated
Living Arrangements), 59 Ill. Adm. Code 116 (Administration of Medication in
Community Settings), 59 Ill. Adm. Code 117 (Family Assistance and Home-Based
Support Programs for Persons with Mental Disabilities), 59 Ill. Adm. Code 119
(Minimum Standards for Certification of Developmental Training Programs), 77
Ill. Adm. Code 672 (WIC Vendor Management Code), 77 Ill. Adm. Code 2060
(Alcoholism and Substance Abuse Treatment and Intervention Licenses), 89 Ill.
Adm. Code 511 (Grants and Grant Funds Recovery), 89 Ill. Adm. Code 527
(Recovery of Misspent Funds) and 89 Ill. Adm. Code 530 (Criteria for the Evaluation
of Programs of Services in Community Rehabilitation Programs). All contested
cases and licensing actions therein that are required by law to be preceded by
a notice and opportunity to be heard shall be governed by this Part.
b) Where a statute or rule prescribes certain alternative
procedures or requirements for hearings, those procedures or requirements will
be followed as though they were set forth in this Part. In the event there is
a conflict between the statute or rule and this Part, the more specific rule or
statute shall prevail.
(Source: Amended at 41 Ill.
Reg. 6562, effective May 26, 2017)
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.20 DEFINITIONS
Section 508.20 Definitions
"Administrative
Hearing" shall mean a contested case or a hearing in which the rule
establishing the right to hearing references this Part.
"Administrative
Law Judge" shall mean any attorney licensed to practice law in Illinois,
appointed by the Secretary to preside at an administrative hearing.
"Contested
Case" means an adjudicatory proceeding (not including ratemaking,
rulemaking, or quasi-legislative, informational, or similar proceedings) in
which the individual legal rights, duties, or privileges of a party are
required by law to be determined by an agency only after an opportunity for a
hearing [5 ILCS 100/1-30].
"Day",
unless otherwise noted, shall mean a day on which the State of Illinois offices
are open for business. This would exclude Saturdays, Sundays and State
holidays.
"Department"
shall mean the Department of Human Services, State of Illinois.
"IAPA"
shall mean the Illinois Administrative Procedure Act [5 ILCS 100].
"License"
means the whole or part of any Department permit, certificate,
approval, registration, charter, or similar form of permission required by law
[5 ILCS 100/1-35].
"Licensing"
means the Department process respecting the grant, denial, renewal,
revocation, suspension, annulment, withdrawal, or amendment of a license [5
ILCS 100/1-40].
"Party"
means the Department or each person or agency named or admitted as a party
or properly seeking and entitled as of right to be admitted as a party [5
ILCS 100/1-55] or intervener whose petition to intervene has been granted.
"Person"
means any individual, partnership, corporation, association, governmental
subdivision or public or private organization of any character other than
the Department [5 ILCS 100/1-60].
"Petitioner"
means the party who requests the hearing.
"Respondent"
means the party against whom a petition is filed.
"Secretary"
shall mean the Secretary or the designee of the Secretary of the Department of
Human Services, State of Illinois.
"WIC
Hearing" refers to a hearing under the WIC Vendor Management Act [410 ILCS
255].
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.30 APPEARANCE REPRESENTATION BY COUNSEL
Section 508.30 Appearance – Representation
by Counsel
a) Any party to a proceeding may appear by himself or herself or
may be represented by someone of the party's choosing.
b) All persons appearing in proceedings before the Department,
including a non-attorney representative, shall conform to the standards of
conduct required of attorneys before the courts of Illinois. If any person
does not conform to such standards, the administrative law judge may decline to
permit such person to continue to appear in the proceeding.
c) Any attorney or other person appearing before the Department
as a representative of a party shall file an Appearance containing: the name of
the party represented; the name, address and telephone number of the attorney
or representative; an affirmative statement that the attorney is duly licensed
in the State of Illinois; an affirmative statement, if representing a
corporation, that the individual is duly authorized to represent the
corporation; and the written signature of the attorney or representative.
d) Special appearances are not recognized. The initial
appearance regardless of form is deemed a general appearance.
e) An attorney or other person appearing before the Department as
a representative may withdraw his or her appearance and/or representation only
upon motion and appropriate ruling by the administrative law judge. However,
attorneys may be substituted without motion upon notice to all parties and the
administrative law judge if the substitution will not delay the proceedings, a
statement to that effect is contained in the notice, and a substitute
Appearance form is filed concurrently with the notice.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.40 EMERGENCY ACTION
Section 508.40 Emergency
Action
If the Secretary finds that the
public interest, safety or welfare requires emergency action, and if the Secretary
incorporates a finding to that effect in an order, summary suspension of a
license or authorization to conduct a particular activity may be
ordered pending proceedings for revocation, termination or other
actions. These proceedings shall be promptly instituted and determined.
[5 ILCS 100/10-65]
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.50 NOTICE AND INITIATION OF AN ADMINISTRATIVE HEARING
Section 508.50 Notice and
Initiation of an Administrative Hearing
a) When the Department serves a Notice of Opportunity for an
Administrative Hearing it shall contain:
1) a statement of the nature of the action;
2) a statement of the legal authority and jurisdiction under
which the action is being initiated;
3) a reference to the particular sections of the statutes and
rules involved;
4) allegations of noncompliance specifying the basis for the
Department's action (e.g., audit findings, investigative reports, the rule
being violated, etc);
5) a statement of the procedure for requesting an administrative
hearing, including a date by which the request must be received by the
Department, which must be set at least ten days after the Notice is mailed or
personally served; and
6) except where a more detailed statement is otherwise
provided for by law, a short and plain statement of the matters asserted, the
consequences of a failure to respond, and the official file or reference
number. [5 ILCS 100/10-25]
b) A person who receives a Notice of an Opportunity for an Administrative
Hearing shall submit a written request for a hearing to the Department. The
request shall be delivered or mailed to the Department at the address stated
in the Notice and, if mailed, shall be postmarked no later than the date set
forth in the Notice. Failure to comply with this Section shall constitute a
waiver of the person's right to an administrative hearing.
c) Upon receipt of a timely request for hearing, the Department
shall issue a Notice of Administrative Hearing or Prehearing Conference. The
Notice of Administrative Hearing or Prehearing Conference shall contain:
1) a statement of the nature of the hearing;
2) a statement of the time and place that the hearing or
Prehearing Conference will be held;
3) a statement of the legal authority and jurisdiction under
which the hearing is to be held; and
4) the names and mailing addresses of the administrative law
judge, all parties, and all other persons to whom the Department gives notice
of the hearing, unless otherwise confidential by law. [5 ILCS 100/10-25]
d) Amendments to the pleadings may be allowed upon proper motion
at any time during the pendency of the proceedings on such terms as shall be
just and reasonable.
e) Venue shall be the location designated in the Notice of
Administrative Hearing. Venue may be moved to another location upon
stipulation by all parties or upon a showing to and a finding by the
administrative law judge that exceptional circumstances exist, including but
not limited to age, infirmity or inability to travel that make it desirable,
in the interest of justice, to allow a change of venue.
f) Computation of Time. The time within which any act under this
Section is to be done shall be computed by excluding the first day and
including the last day.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.60 MOTIONS
Section 508.60 Motions
a) Motions, unless made during a hearing, shall be made in
writing and shall set forth the relief or order sought and the legal authority
for the action requested. Except as otherwise provided in this Part or by a
specific statute or rule, motions may seek any relief or order recognized in
the Illinois Code of Civil Procedure [735 ILCS 5] and Rules of the Illinois
Supreme Court and shall include a reference to the applicable Section of such
Code or Rules. Motions based on a matter that does not appear of record shall
be supported by affidavit.
b) Written motions shall be titled as to the party making the
motion and the nature of the relief sought. Such title shall be in capital
letters and shall be placed either below the caption or to the right of the caption
beneath the docket number. No motion shall be identically titled with any
other motion. Examples of properly titled motions: RESPONDENT'S MOTION TO
DISMISS, RESPONDENT'S SECOND MOTION TO DISMISS.
c) Motions, objections and requests for continuances and all
responses shall be in writing unless made at a prehearing conference or a
hearing.
d) Motions on the pleadings if not raised at the earliest
opportunity shall be deemed waived. Motions on the pleadings shall not be
granted if the pleadings are not in conformity with this Section.
e) The administrative law judge shall not have the authority to
dismiss, postpone, vacate, or overturn an order or decision issued by the
Secretary.
f) Motions for a continuance shall be granted only for good cause
shown. Good cause may include, but is not limited to, the death or illness of
the grievant or a witness, inclement weather that severely limits travel in the
area of the hearing, etc. With the exception of an emergency, motions for a
continuance shall be in writing and filed at least 7 days prior to the
hearing. Motions for a continuance shall be made immediately when the party
learns that a continuance is needed and shall contain statements as to when the
party learned that a continuance was needed, steps that were taken to avoid the
continuance, and the current reasons the continuance is needed. After one
continuance has been granted to a party additional continuances may be granted
to that party only if:
1) a hearing on the issue of whether or not to grant the
continuance has been held and the administrative law judge finds that the
moving party has presented sufficient evidence showing entitlement to another
continuance;
2) there is an emergency; or
3) all parties so stipulate.
g) Whenever possible, as much of the hearing as possible shall be
completed and only those matters that must be continued shall be continued.
h) If there is an unforeseen emergency, motions for a continuance
may be made by telephone rather than in writing. Motions by telephone shall be
made through a conference call involving the administrative law judge and all
parties and shall be confirmed within 3 days by the filing of a written
motion.
i) At any time prior to the issuance of the administrative law
judge's recommended decision, the party may move to disqualify the
administrative law judge on the grounds of bias or conflict of interest. Bias
or conflict of interest may include, but is not limited to, the grievant or a
witness being a family member of the administrative law judge, the existence of
a financial relationship between the administrative law judge and a witness or
the grievant, etc. Such motion shall be made in writing to the administrative
law judge, setting out the specific instances of bias or conflict of interest.
An adverse decision or ruling, in and of itself, is not grounds for
disqualification. The administrative law judge's employment, or contract as an
administrative law judge, by the Department is not, in and of itself, a
conflict of interest. The appeal shall be suspended until the administrative
law judge rules on the motion. The administrative law judge may decide to
disqualify himself/herself if a determination of bias or conflict of interest
exists or may decide that the appeal should be denied. If the motion is
granted the Secretary shall appoint a new administrative law judge.
(Source: Amended at 28 Ill.
Reg. 1122, effective December 31, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.70 FILING
Section 508.70 Filing
a) All pleadings, written motions, or notices filed in the
administrative proceedings shall be dated and signed by the party filing the
paper or his or her attorney or representative.
b) Pleadings, written motions, and notices shall contain the
address of the party filing the paper or, if represented by an attorney or
other representative, the name and business address and telephone number
(including area code) of such attorney or representative.
c) Motions and notices may be filed by facsimile, but the original
must also be mailed on the same day.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.80 SERVICE
Section 508.80 Service
a) Notices under Section 508.50(a) shall be served either
personally or by certified mail upon all parties or their agents appointed to
receive service of process unless the applicable statute or rule requires a
different form of service, in which case service shall conform to the statute
or rule.
b) Service to the last official address of a party, or agent
provided to the Department by a party, shall be considered in compliance with
this Section. Notices sent by certified mail to that address and that have been
returned to the Department as unclaimed or refused by the addressee shall be
considered served. For purposes of this Section, the "last official
address" shall be: the address listed on the most recent application
submitted to the Department, unless the Department has been subsequently
notified in writing of a change of address.
c) Service of pleadings or motions under this Part, unless
otherwise provided for, shall be made by delivering in person or by depositing
with the United States Postal Service, properly addressed with postage prepaid,
one copy to each party to the proceedings. When any party has appeared by
attorney, service upon the attorney shall be deemed service upon such party.
All pleadings or motions under this Part shall also be served upon the
administrative law judge.
d) Proof of service under subsection (b) of this Section shall be
by certificate of attorney, affidavit or acknowledgment.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.90 PREHEARING CONFERENCES
Section 508.90 Prehearing
Conferences
a) A prehearing conference may be scheduled by the administrative
law judge or Department at their discretion or as a result of a request
pursuant to subsection (b) of this Section. This conference shall be for the
purpose of considering:
1) the simplification of the issues;
2) amendments to the pleadings;
3) the possibility of obtaining admissions of fact and of
documents that will avoid unnecessary proof;
4) limitation of the number of expert witness; and
5) any other matters that may aid in the disposition of the
hearing.
b) In any proceedings under this Section in which the Department
has not scheduled a prehearing conference, any party to the proceedings may
request the scheduling of a prehearing conference. Such request must be made in
writing and received by the administrative law judge at least 5 days prior to
the scheduled hearing date. The requesting party shall serve all other parties
to the proceedings with a copy of the request.
c) Upon the receipt of a request for a prehearing conference in
accordance with subsection (b) of this Section, the administrative law judge
shall schedule the prehearing conference and notify all parties of the date,
time and place of the conference.
d) After a prehearing conference, the administrative law judge
shall make a report to all parties that recites any action taken by the
administrative law judge and any agreements made by the parties as to any of
the matters considered.
e) Any party may request additional prehearing conferences. The
administrative law judge, in his or her discretion, may deny or grant such a
request.
f) A certified stenographic reporter (court reporter) will not be
present at a prehearing conference unless one of the parties to the proceeding
requests the Department to make such arrangements. The Department must
receive such a request at least two days in advance of the scheduled prehearing
conference. The party requesting the presence of the court reporter shall be
billed directly for the fee of the reporter.
g) The Department shall appoint a sign or language interpreter
upon request. An interpreter must be able to communicate with the person for
whom the interpreter was requested and must take an oath or affirmation to make
a true interpretation in an understandable manner and convey the statements of
the person to the best of the interpreter's skill.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.100 DISCOVERY
Section 508.100 Discovery
a) At least 7 days prior to the commencement of the hearing, each
party shall provide all other parties with a copy of any document that it
intends to offer into evidence. This subsection does not apply to documents
already provided by the Department under this Part.
b) At least 7 days prior to the commencement of the hearing, each
party shall provide all other parties with a list containing the name and
address of any witness who may be called to testify.
c) All parties shall be entitled to any exculpatory evidence in
the other party's possession that tends to support the opponent's position or
that might impeach the credibility of the party's own witness. Such
documentation shall be produced at least 7 days prior to the hearing.
d) Upon a written request by the Department, at any time after a
notice or hearing request is filed, or at any stage of the hearing, a party
shall be required to produce within 7 days documents, books, records, or other
evidence that relates directly to the conduct of the business entity that is
the subject of the administrative hearing.
e) All parties shall be under a continuing obligation to promptly
update requested discovery until the hearing is concluded without the necessity
for further or additional requests.
f) There shall be no depositions for discovery purposes or
interrogatories allowed in any proceedings brought pursuant to this Part,
except for good cause as determined by the administrative law judge.
Evidentiary depositions of material witnesses shall be allowed by the
administrative law judge for good cause, including but not limited to age,
infirmity, or inability to travel.
g) Requests to Admit Facts and Genuineness of Documents shall be
allowed in accordance with Supreme Court Rule 216.
h) Nothing contained herein shall preclude the parties from
agreeing to the voluntary exchange of more information than is required.
i) A request for discovery shall be considered an appearance by
the party.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.110 HEARINGS
Section 508.110 Hearings
a) Except for hearings under 59 Ill. Adm. Code 50, 115, 117, 119,
and 120, all hearings conducted in any proceedings shall be open to the public
subject to individual rights to confidentiality.
b) Hearings will be conducted by the Secretary or by an administrative
law judge appointed by the Secretary. If the Secretary conducts the hearing,
any reference in this Part to the administrative law judge shall be read to
refer to the Secretary, except for references that may limit the administrative
law judge's power as opposed to the Secretary's. The final decision-maker for
the hearing shall be designated by rule or statute governing the hearing. If
there is no such designation in rule or statute, the Secretary shall designate
the final decision-maker.
c) The administrative law judge shall conduct hearings;
administer oaths; issue subpoenas; hold informal conferences for the
settlement, simplification, or definition of issues; dispose of procedural
requests, motions, and similar matters; continue the hearing from time to time
when necessary; examine witnesses; and rule upon the admissibility of evidence.
d) The administrative law judge shall direct all parties to enter
their appearances on the record.
e) Written opening arguments and written closing arguments shall
not be permitted unless all parties so stipulate or the administrative law
judge so directs.
f) Parties may by stipulation agree upon any facts involved in
the proceeding. The facts stipulated shall be considered as evidence in the
proceeding. Unless precluded by law, disposition may be made of any
administrative hearing by stipulation, agreed settlement, consent order,
default, or motion.
g) At any stage of the hearing or after all parties have
completed the presentation of their evidence, the administrative law judge may
call for further testimony, subject to cross-examination by the parties.
h) The rules of evidence and privilege as applied in civil
cases in the circuit courts of this State shall be followed. However, evidence
not admissible under those rules of evidence may be admitted (except where
precluded by statute or rule) if it is of a type commonly relied upon by
reasonably prudent persons in the conduct of their affairs. Immaterial,
irrelevant, or unduly repetitious material shall be excluded. A copy of the
whole or any part of an admissible book, record, paper, or memorandum of the
Department that is made by photostatic or other method of accurate and
permanent reproduction may be admitted in evidence at the hearing without further
proof of the accuracy of such copy. Objections to evidentiary offers may be
made and shall be noted in the record. Cross examination of each witness
shall be allowed. [5 ILCS 100/10-40]
i) Official notice may be taken of matters of which circuit
courts of this State may take judicial notice. In addition, official notice may
be taken of generally recognized technical or scientific facts within the
Department's specialized knowledge. Parties shall be notified either before or
during the hearing, or by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and they shall be
afforded an opportunity to contest the material so noticed. The Department's
experience, technical competence and specialized knowledge may be utilized in
the evaluation of evidence. [5 ILCS 100/10-40]
j) Absent a showing of good cause, no document shall be offered
into evidence that was not disclosed in accordance with the requirements in
Section 508.100(a), and no witness shall testify whose name was not provided
pursuant to Section 508.100(d). For purposes of this subsection, a showing of
good cause shall mean that a party, through no fault of its own, did not have knowledge
of a document to be offered into evidence or the name of a witness within the
timeframe necessary for compliance with Section 508.100(a) and (b).
k) The Department will arrange for audio or video taping or for a
certified stenographic reporter (court reporter) to make a stenographic record
of the hearing in all administrative hearings under this Part. Any person may
make arrangements to obtain a copy of the stenographic record from the
reporter. The Department reserves the right to employ a certified stenographic
reporter. There shall be no audio or video taping apart from any made by the
certified stenographic reporter employed for those purposes by the Department
without the express consent of the administrative law judge and all parties to
the hearing.
l) Corrections to the transcript of the hearing may be made by
the Secretary or administrative law judge who heard the matter.
m) If a party, or any person at the direction of or in collusion
with a party, violates any ruling or order of the administrative law judge, the
administrative law judge, on motion, may enter such orders as are just,
including, among others, the following:
1) that further proceedings be stayed until the order or rule is
complied with;
2) that the offending party be barred from filing any other
pleadings relating to any issue to which the refusal or failure relates;
3) that the offending party be barred from maintaining any
particular claim or defense relating to that issue;
4) that a witness be barred from testifying concerning that
issue;
5) that, as to claims or defenses asserted in any pleading to
which that issue is material, an order of default be entered against the
offending party or that the offending party's pleading be dismissed without
prejudice; or
6) that any portion of the offending party's pleadings relating
to that issue be stricken and, if thereby made appropriate, judgment be entered
as to the issue.
n) At any time, the administrative law judge may order the
removal of any person from the hearing room who is creating a disturbance or
engaging in conduct that disrupts the hearing.
o) At the request of any party, the administrative law judge may
exclude all witnesses from the hearing room, except that each party or a
representative of a party, in addition to legal counsel, shall be allowed to
remain.
p) When it is impractical for the parties, witnesses or
administrative law judge to appear in the same site for a hearing, testimony
may be taken by telephonic means, interactive video conferencing, or any other
means, at the discretion of the administrative law judge. If a hearing is to
be conducted by such means, the notice shall so inform the parties and include
instructions for providing any necessary telephone numbers. The in-person
presence of some parties or witnesses at the hearing shall not prevent the
participation of other parties or witnesses. A party to such a hearing must
submit to the administrative law judge at least 7 days before the date of the
scheduled hearing any documents that are intended to be introduced at the
hearing. Copies of the documents must also be provided to any other party
prior to the date of the scheduled hearing. All documents submitted to the
administrative law judge will be identified on the record.
q) The applicable burden of proof shall be determined by the rule
or statute governing the right to hearing. If the rule or statute governing
the right to a hearing is silent concerning the burden of proof, such burden
shall be a preponderance of the evidence. [5 ILCS 100/10-15]
r) Failure of a party to appear at the administrative hearing at
the time the hearing is scheduled will result in a dismissal of the contested case
or recommendation of dismissal to the decision-maker if the decision-maker did
not preside at the hearing.
s) If a party fails to appear and the hearing is dismissed, that
party may request a rehearing of the contested case from the administrative
law judge. Requests for reinstating the contested case must be filed no later
than 10 days after the date of the notice of dismissal. Based on the
statements in the request and the facts of the record, the administrative law
judge shall:
1) Grant the request if the request meets the requirements of
this subsection (s) and schedule a hearing with notice to all parties,
including a copy of the request to any opposing parties; or
2) Deny the request, if the request fails to meet the
requirements of this subsection (s), and issue a written decision setting forth
the reasons for the denial.
(Source: Amended at 28 Ill. Reg.
1122, effective December 31, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.120 SUBPOENAS
Section 508.120 Subpoenas
a) The administrative law judge may issue a subpoena to compel
the attendance of a witness or the production of documents when such witness or
such documents contain relevant evidence but the evidence is not being
presented by the party, witness or holder of the document. A party may also
request the administrative law judge to issue a subpoena to compel the
attendance of a witness or the production of documents. The request shall be
either in writing or on the record and shall:
1) Identify the witness or document sought; and
2) State the facts that will be proven by each witness or
document sought.
b) The administrative law judge shall grant or deny the request,
either in writing or on the record. If the request for a subpoena is granted,
the administrative law judge shall, if necessary, reschedule the hearing to a
specific date. The request for a subpoena shall be denied only if the
administrative law judge finds that the evidence sought is immaterial,
irrelevant or cumulative. If the request for subpoena is denied, the
administrative law judge shall proceed to conduct the hearing, and the specific
reasons for denial of the request for subpoena shall be made part of the record
of the appeal.
c) If a witness fails to obey a subpoena, the party seeking
enforcement of the subpoena shall prepare application to the circuit court of
the county in which the subpoenaed witness resides requesting enforcement of
the subpoena, and shall present the application to the administrative law
judge. If satisfied that the subpoena was properly served and that the
application is in proper form, the administrative law judge shall sign the
subpoena, or the attorney of the party seeking the subpoena may then file and
prosecute the application to the circuit court. In such instance, that matter
shall be continued pending the outcome of enforcement of the subpoena.
d) The witness fee for attendance and travel shall be the same as
the fee of witnesses before the circuit courts of this State. When a witness
is subpoenaed by the administrative law judge upon his or her own motion or
upon the request of the Department, the witness fee shall be paid in the same
manner as other expenses of the Department.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.130 ADMINISTRATIVE LAW JUDGE'S REPORT AND RECOMMENDATIONS
Section 508.130
Administrative Law Judge's Report and Recommendations
a) At the conclusion of a hearing at which the decision-maker has
not presided, the administrative law judge shall submit a decision, opinion, or
report, with his or her findings of fact and conclusions of law and his or her
recommendations, if any, to the decision-maker. However, in a hearing under
Section 45-25 of the Alcoholism and Other Drug Abuse and Dependency Act [20
ILCS 301/45-25], the report shall only summarize the testimony presented at
hearing and the administrative law judge's opinion about the reliability of the
witnesses. The administrative law judge shall complete the decision, opinion,
or report within 30 days after the close of the hearing.
b) The decision, opinion, or report shall be accompanied by the
audio or video recording or a transcript of the proceedings, all exhibits
admitted into evidence, copies of all pleadings and documents or evidence made
a part of the record and any other material that is deemed to be a part of the
record.
(Source: Amended at 28 Ill.
Reg. 1122, effective December 31, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.140 PROPOSAL FOR DECISION
Section 508.140 Proposal for
Decision
a) When the decision-maker has not heard the administrative
hearing or read the record and his or her final decision would be adverse to
any party other than the Department, a proposal for decision shall be served
upon all parties to the proceedings. The proposal for decision shall contain:
1) A statement of the reasons for the proposed decision;
2) A statement of each issue of fact or law necessary to the
proposed decision.
b) The proposed decision shall be prepared by the persons who
conducted the hearing or one who has read the record.
c) Any party adversely affected by the proposed decision
shall have 20 days from the receipt of the proposal for decision in which to file
written exceptions and a brief. [5 ILCS 100/10-45] Failure to file written
exceptions and a brief in the time provided for in the proposal for decision
shall be deemed a waiver of the right to file exceptions and a brief. The
Department shall have 10 days to respond to the exceptions or brief.
d) The proposal for decision shall be served on all parties
personally or by certified mail.
e) The decision-maker in his or her discretion may provide for
oral arguments on the proposal for decision. If oral arguments are allowed,
they shall be scheduled as convenient to the decision-maker.
(Source: Amended at 28 Ill.
Reg. 1122, effective December 31, 2003)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.150 FINAL ORDERS
Section 508.150 Final Orders
a) A written Final Order shall be issued in every administrative
hearing. A final order shall include findings of fact and conclusions of
law, separately stated. All final orders shall specify whether they are final and
subject to the Illinois Administrative Review Law [735 ILCS 5/Art. III] and
any applicable licensing statute.
b) A final order shall be served on parties or their agents
appointed to receive service of process either personally or by registered or
certified mail. [5 ILCS 100/10-50]
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.160 RECORDS OF PROCEEDINGS
Section 508.160 Records of
Proceedings
a) A full and complete record shall be kept of all proceedings.
The record shall consist of the following:
1) all pleadings (including all notices and responses thereto),
motions, and rulings;
2) a transcript of the hearing, if any, and all evidence
received;
3) a statement of matters officially noticed;
4) any offers of proof, objections and rulings thereon;
5) any proposed findings and exceptions;
6) any decision, opinion, or report by the administrative law
judge;
7) all staff memoranda or data submitted to the administrative
law judge or members of the Department in connection with their consideration
of the administrative hearing; and
8) any communication prohibited by Section 10-60 of the IAPA [5
ILCS 100/10-60]. No such communication shall form the basis for any finding of
fact.
b) The record shall also contain the following:
1) Subpoenas;
2) Requests for Subpoenas;
3) Cover letters;
4) Notices of Filing;
5) Certificates of Mailing for regular mail and return receipts
for certified mail; and
6) Discovery Requests.
c) The Department shall be the official custodian of the records
of administrative hearings held before the Department.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
PART 508
ADMINISTRATIVE HEARINGS
SECTION 508.170 MISCELLANEOUS
Section 508.170
Miscellaneous
a) Ex Parte Consultation. Except in the disposition of matters
that the Department is authorized by law to entertain or dispose of on an ex
parte basis, the administrative law judge or Secretary shall not, after notice
of hearing, communicate directly or indirectly, in connection with any other
issue of fact, with any person or party, his or her representative, or any
person interested in the outcome of the proceeding, except upon notice and
opportunity for all parties to participate. However, a Department member may
communicate with other members of the Department or the administrative law
judge may have the aid and advice of one or more personal assistants.
1) An ex parte communication received by any Department
employee or the administrative law judge shall be made a part of the record of
the pending matter, including all written communications, all written responses
to the communications, and a memorandum stating the substance of all oral
communications and all responses made and the identity of each person from whom
the ex parte communication was received.
2) Communications regarding matters of procedure and practice,
such as the format of pleadings, number of copies required, manner of service,
and status of proceedings, are not considered ex parte communications under
this Part. [5 ILCS 100/10-60]
b) Construction of Rules. In case of any conflict between this
Part and the IAPA [5 ILCS 100] or a specific licensing statute, the terms of
the latter shall control.
c) Conflict of Authority. If the hearing is being conducted
pursuant to federal law and there is a conflict between this Part and federal
procedural or evidentiary requirements, then the federal requirements shall
control.
d) Waiver. Compliance with any or all of the provisions of
this Part or with any or all provisions of the IAPA regarding a contested
case may be waived by written stipulation of all parties. [5 ILCS
100/10-70]
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