Section 200.411  Final Administrative Decision

a)         A final administrative decision shall be issued by the Administrator in writing within one month of receipt of the Hearing Officer's recommendation.  The Hearing Officer's recommendation, rulings and findings of fact and law are to be taken into account but are not binding on the Administrator.  However the final administrative decision must be based exclusively on evidence in the record.  The Administrator may refuse to accept the factual recommendations of the Hearing Officer only when all the evidence, viewed most favorably to the party for whom the Hearing Officer held, so overwhelmingly favors the other party, that no contrary holding based on that evidence could withstand Administrative Review under the Administrative Review Act because the findings of fact of the Hearing Officer are against the manifest weight of the evidence.  A copy of the final administrative decision shall be sent by certified or registered mail to each party or each party's representatives.

b)         The final administrative decision shall include findings of fact and conclusions of law, separately stated.  Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

c)         The final order of the Administrator shall constitute a final administrative decision within the provisions of the Administrative Review Act [735 ILCS 5/Art. III].

(Source:  Amended at 23 Ill. Reg. 11561, effective September 7, 1999)