Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart C - MOTION, JOINDER AND INTERVENTION › Section 120.301 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All motions made
				before or during a hearing shall be made to the ALJ and, unless made orally on
				the record during a hearing or unless the ALJ directs otherwise, a motion shall
				be in writing and shall be accompanied by any affidavits or other evidence
				relied upon and, when appropriate, by a proposed order. Two copies of all
				motions shall be filed with the ALJ, and at least one copy shall be served on
				each additional party, if any, to the hearing.
b) Within 7 days after service of a written
				motion or other document, or other period as the ALJ may allow, a party may
				file a response in support of or in opposition to the motion and, if necessary,
				accompanied by affidavits or other evidence. A party filing a motion has the
				right to request from the ALJ leave to file a reply to a response.
c) No oral argument will be heard on a motion
				unless the ALJ directs otherwise. A written brief may be filed with a motion or
				an answer to a motion stating the arguments and authorities relied upon. The
				brief will be no longer than 15 pages in length unless, prior to the filing
				date, leave is granted to file a brief greater than 15 pages.
d) A written motion filed prior to a hearing
				will be disposed of by written order and on notice of all parties, except for
				motions made at or after the opening of a hearing, in which case the ALJ shall
				announce his or her ruling orally on the record at the hearing. All motions,
				rulings and orders shall become a part of the record, except that rulings on
				motions to revoke subpoenas shall become a part of the record only upon the
				request of the party aggrieved. Except as provided in subsection (i), rulings
				by the ALJ on motions and/or objections, and orders in connection with those
				motions and/or objections, shall not be appealed directly to the Director but
				shall be considered by the Director in reviewing the record if exception to the
				ruling or order is included in the statement of exceptions filed with the
				Director pursuant to Sections
				120.640
				and
				120.650.
e) The ALJ shall rule upon all motions,
				except that the ALJ 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
				in accordance with the procedures for motions in this Section, which shall
				constitute the record.
f) Unless
				otherwise ordered, the filing of an answer or motion shall not stay the
				proceeding or extend the time for the performance of any act.
g) A party may participate in the proceeding
				without forfeiting any jurisdictional objection, if the objection is made
				within 10 days after the receipt of notice of hearing. Any party may file a
				response to the objection within 10 days after service. The right to make
				motions or to object to rulings upon motions shall not be deemed waived by the
				filing of an answer or by other participation in the proceedings before the
				ALJ.
h) A party has a right to file
				an emergency motion setting forth why an emergency exists and the ALJ can deny
				the emergency motion solely on the basis that the motion did not demonstrate
				that an emergency exists.
i) If any
				motion in the nature of a motion to dismiss or for summary judgment is granted
				by the ALJ before filing his or her final decision in a matter scheduled for
				hearing, any party may obtain a review of the granting of the motion by filing
				a request with the Director stating the grounds for review and, immediately
				upon filing, shall serve a copy of the request on the other parties. Unless the
				request for review is filed within 15 days from the date of the order of
				dismissal or granting of summary judgment, the decision of the ALJ shall become
				final.
j) A party has the right to
				appeal any order issued by an ALJ during the pendency of a
				proceeding.