Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.240 - Administrative Law Judge and Board Reports and Orders of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
a) In every
			 contested case, except for defaults, the Administrative Law Judge will file a
			 written Report and Recommendation that contains Findings of Fact and
			 Conclusions of Law with respect to the allegations contained in the Complaint,
			 Notice of Intent to Deny, Notice of Intent to Refuse to Renew or Petition for
			 Hearing, unless the parties reach an agreed disposition.
b) When the recommendation is for discipline,
			 the ALJ will include his or her specific recommendation as to type and
			 duration.
c) If the ALJ's Report is
			 made to a Board, the Board shall review the Report and the record and issue its
			 own Report adopting, rejecting or modifying the Findings of Fact, Conclusions
			 of Law and/or Recommendation and make any other recommendation it deems
			 appropriate to the Director.
d)
			 After the Board or ALJ forwards the report to the Director, all parties will
			 receive "Twenty Day Notice" with a copy of the report. Within 20 days after the
			 Notice is sent, either party may request that a rehearing, or additional
			 hearings, be ordered by the Director. A rehearing shall be ordered by the
			 Director when the Director determines that substantial justice has not been
			 done.
e) When a rehearing or
			 additional hearings are requested, the request shall be in the form of a motion
			 and shall state with specificity the reasons for the request. If it is alleged
			 that new evidence is available that was not available at the time of the
			 hearing, the affidavit shall describe the new evidence and reasons why it was
			 not available for use at the hearing. The Division may file a response, which
			 shall be filed within 20 days, and, if it does so, the licensee may reply,
			 which shall be filed within 10 days.
f) After a motion for rehearing has been
			 filed and a response and reply has been filed or the time therefor has passed,
			 the Director shall enter an Order ruling on any motion for rehearing. If the
			 motion is denied, the Director, in the same Order, shall further adopt, reject
			 or modify the Findings of Fact and Conclusions of Law of the ALJ or the Board
			 or both, adopt or reject the recommendation of the Board or the ALJ, and enter
			 a decision.
g) An Order of the
			 Director granting a rehearing is not a final order as defined by the
			 Administrative Review Law [ 735 ILCS 5 /Art. III]. An Order of the Director
			 denying a motion for rehearing and entering a decision on the merits of the
			 case is a final Order as defined by the Administrative Review Law and is
			 subject to judicial review.
h) The
			 Director will not consider motions to reconsider or modify a decision made or
			 Order entered. The proper avenue of relief is to file a complaint under the
			 Administrative Review Law
i)
			 Whenever the Director enters a final Order under this Section pertaining to a
			 person licensed under the Real Estate License Act of 2000, the Order shall also
			 be served upon the person's managing broker and sponsoring broker.