Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1510 - THE UNIFORM CONSIDERATION OF ADMINISTRATIVE APPEALS › Section 1510.400 - Administrative Appeal Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Appeals Committee of the Authority shall conduct administrative appeal
			 hearings on behalf of the Authority.
b) All hearings shall be open to the public.
			 However, hearings, or parts of hearings, may be closed to the public upon
			 request of the individual and at the discretion of the Appeals Committee, to
			 the extent necessary to protect the privacy of individuals or to ensure the
			 security of criminal history record information, pursuant to federal or state
			 law or regulations. See Omnibus Crime Control and Safe Streets Act of 1968, as
			 amended, (
			 42
			 U.S.C. 3701 et seq.), Federal Privacy and
			 Security Regulations ( 28 CFR 20, as amended December 6, 1977), Illinois Open
			 Meetings Act (Ill. Rev. Stat. 1981, ch. 102, pars. 41 et seq.) and Illinois
			 Administrative Procedure Act (Ill. Rev. Stat. 1981, ch. 127, pars. 1010-1015),
			 as in effect as of the date of filing (adopting) of this rule.
c) Within 28 days of receipt of a request for
			 administrative appeal, the committee chairman shall set a date for the hearing
			 and shall notify the individual of the time, date, and place of the hearing by
			 mail at least seven (7) days prior to the hearing.
d) A hearing must be conducted within 49 days
			 of receipt of a request for administrative appeal, unless the time period is
			 waived by the individual.
e) The
			 hearing shall be conducted at the offices of the Authority unless the committee
			 chairman determines that the hearing should be in some other location based on
			 the following factors: residence of the individual, location of the reviewing
			 criminal justice agency, or the location of necessary witnesses. Every effort
			 shall be made to hold the hearing in a place convenient to all parties
			 involved.
f) At a hearing, the
			 individual may appear with counsel, may present evidence, and may cross-examine
			 witnesses.
g) All testimony at the
			 hearing shall be under oath or affirmation.
h) An accurate record, which may be taken by
			 tape recording, stenographer or any other means which will result in a verbatim
			 record, shall be kept of the proceedings of any hearing at no expense to the
			 parties. The record need not be transcribed or printed unless the Appeals
			 Committee receives notice of an appeal of its decision and a request for such
			 transcript is made. Upon written request to the Authority, a party shall be
			 entitled to be furnished the use of a stenographer and/or a transcript of the
			 record for a fee in accordance with the State Records Act (Ill. Rev. Stat.
			 1981, ch. 116, pars. 43.4 et seq.) as in effect as of the date of the filing of
			 this rule, or if the State Records Act is not applicable, a fee equal to the
			 cost to the Authority for fulfilling the request. Such fee shall not exceed the
			 actual cost of stenographic charges or the actual cost for reproduction of the
			 transcript.