Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 100 - PRACTICE AND PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart B - GENERAL HEARINGS › Section 100.8 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
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, motions may seek any
				relief or order recognized in the Code of Civil Procedure and Rules of the
				Illinois Supreme Court, and shall include a reference to the applicable Section
				of the Code or Rules in both the heading and body of the Motion. 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. The 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 directed at the
				pleadings, if not raised at the earliest opportunity, shall be deemed waived,
				absent a showing of exceptional circumstances.
d) The administrative law judge shall not
				have the authority to dismiss, postpone, vacate, or overturn an Order or Notice
				issued by the Director, but may make a recommendation to the Director at any
				time that circumstances merit such a recommendation.
e) Motions to continue a hearing shall be
				granted only for good cause shown. Motions for a continuance shall be in
				writing and shall be made immediately upon a party becoming aware that a
				continuance will be needed. The party moving for a continuance shall file an
				affidavit in support of their motion, which, at a minimum, states: when the
				party learned that a continuance was needed, the steps that were taken to avoid
				the need for a continuance, and the current reasons the continuance is needed.
				Continuances may also be granted by agreement of the parties.
f) Whenever possible, as much of the hearing
				as possible shall be completed, and only those matters that must be continued
				shall be continued.
g) If there is
				an unforeseen emergency, motions to continue a hearing may be made by telephone
				or by videoconferencing application, 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 five business days by
				the filing of a written motion. Motions made by videoconferencing application
				shall involve the administrative law judge and all parties, and shall be
				confirmed within five business days by the filing of a written
				motion.
h) Responses shall be in
				writing unless made at a prehearing conference or a hearing.
i) On a motion to disqualify an
				administrative law judge made by any party, the administrative law judge who is
				the subject of the motion shall determine whether he or she should be
				disqualified on the basis of
bias or conflict of interest
, and
				shall remove himself or herself if a determination is made that bias or a
				conflict of interest exists. If the motion is granted, the Director, or their
				designee, shall appoint a new administrative law judge. A motion for the
				disqualification of an administrative law judge shall be based upon the alleged
				bias or conflict of interest of the administrative law judge.
An
				adverse ruling, in and of itself, shall not constitute bias or conflict of
				interest.
(Section 10-30 of the IAPA) Motions for substitution of an
				administrative law judge pursuant to Section 2-1001(a) of the Code of Civil
				Procedure shall not be permitted.
j) The following shall constitute bias or
				conflict of interest for the purpose of disqualification under subsection (i):
1) The judge has a personal bias or prejudice
				concerning a party or a party's lawyer, or personal knowledge of disputed
				evidentiary facts concerning the proceeding;
2) The judge served as a lawyer in the matter
				in controversy, or a lawyer with whom the judge previously practiced law served
				during that association as a lawyer concerning the matter, or the judge has
				been a material witness concerning it;
3) The judge was, within the preceding three
				years, associated in the private practice of law with any law firm or lawyer
				currently representing any party in the controversy (provided that referral of
				cases when no monetary interest was retained shall not be deemed an association
				within the meaning of this subsection (j)) or, for a period of seven years
				following the last date on which the judge represented any party to the
				controversy while the judge was an attorney engaged in the private practice of
				law;
4) The judge knows that any of
				the following persons has an economic interest in the subject matter in
				controversy or in a party to the proceeding, or has any other more than minimal
				interest that could be substantially affected by the proceeding:
A) the judge individually;
B) a fiduciary with ties to the
				judge;
C) the judge's spouse,
				parent, or child, wherever residing; or
D) any other member of the judge's family
				residing in the judge's household.