Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 475 - CONTESTED CASES AND OTHER FORMAL HEARINGS › Subpart A - HEARINGS BEFORE THE STATE EDUCATOR PREPARATION AND LICENSURE BOARD › Section 475.80 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A written answer
				to the Statement of Charges is not required; however, if a licensee desires to
				file a written answer, then he or she shall file that answer by the deadline
				set in any scheduling order established by the hearing officer at the initial
				pre-hearing conference (see Section
				475.70(a)
				of this Part). Failure to file an answer shall be deemed a general denial of
				matters asserted.
b) Unless made
				orally on the record during a hearing, or unless the hearing officer directs
				otherwise, a motion shall be in writing. A written brief may be filed in
				support of a motion, and a response to a motion may take the form of a written
				brief, stating the arguments and authorities relied upon. Any written brief
				shall be accompanied by any affidavits or other evidence relied upon and, when
				appropriate, by a proposed order. Motions and any supporting briefs shall be
				filed and served in accordance with Sections
				475.20
				and
				475.30
				of this Part.
c) Within seven days
				after service of a written motion, or other period of time as the hearing
				officer may prescribe, owing to the complexity of the issues involved, a party
				may file a response in support of or in opposition to the motion, accompanied
				by affidavits or other evidence.
d)
				Any motions contesting jurisdiction or otherwise seeking dismissal of a matter
				shall be filed no later than 21 days prior to the date of the
				hearing.
e) No oral argument shall
				be heard on a motion unless the hearing officer directs otherwise. If oral
				argument is permitted, then the hearing officer shall issue an order setting a
				date, time, and place for the argument. The hearing officer, in his or her sole
				discretion, may select the mode of communication for any such oral argument
				(e.g., telephone conference, video-conference, in-person).
f) A written motion shall be disposed of by
				written order by the hearing officer, with notice to all parties.
g) Prior to the commencement of any hearing,
				the State Superintendent may file a written motion seeking to amend the
				Statement of Charges. This motion may be granted by the hearing officer for
				reasons including, but not limited to, the discovery of new evidence. If the
				State Superintendent is granted leave by the hearing officer to file an amended
				Statement of Charges, then, unless otherwise agreed to by the parties, any
				hearing date previously set shall be stricken and re-set for a new date at
				least 30 days after the amended Statement of Charges is received by the
				licensee. The hearing officer, in the order granting leave to the State
				Superintendent to amend the Statement of Charges, shall include any changes to
				the pre-hearing schedule resulting from an amended Statement of
				Charges.
h) The hearing officer
				shall rule upon all motions prior to the presentation of evidence or testimony
				at the hearing, except that a hearing officer shall have no authority to
				dismiss or decide a hearing on the merits without granting all parties to the
				proceeding a right to be heard and to establish a record. A hearing officer
				shall submit any recommendation on a licensee's motion for dismissal to the
				SEPLB, with a copy submitted to the parties of record, setting forth his or her
				legal and factual bases for the recommendation. Each party of record shall be
				allowed 14 days from receipt of the recommendation in which to submit
				exceptions to the recommendation and to present a brief to the hearing officer
				in support of the position of the party. If a party files an exception within
				14 days, the other party shall be permitted seven days from the date the first
				party filed the exception to file its own exception. If the SEPLB denies the
				hearing officer's recommendation to dismiss, then it shall order the hearing
				officer to continue with the hearing in accordance with Section
				475.110 of this Part.
				If the SEPLB grants a party's motion to dismiss, then it shall enter an
				appropriate order.
i) Subject to
				the granting of a motion to amend the Statement of Charges, as referenced in
				subsection (g) of this Section, and unless otherwise ordered by the hearing
				officer, the filing of an answer or granting of a motion shall not stay the
				proceeding or extend the time for the performance of any act.
j) A hearing may be postponed or continued
				for good cause by the hearing officer upon the hearing officer's own motion or
				upon motion of a party to the hearing. The motion of the party shall set forth
				facts attesting that the request for continuance is not for the purpose of
				undue delay. Notice of any postponement or continuance shall be given in
				writing to all parties to the hearing within a reasonable time in advance of
				the previously scheduled hearing date. All parties involved in a hearing shall
				attempt to avoid undue delay caused by repeated postponements or continuances
				so that the subject matter may be resolved expeditiously.