reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 870 - LANDFILL OPERATORS CERTIFICATION › Subpart E - SUSPENSION AND REVOCATION › Section 870.515 - Grounds

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
				suspend, revoke, or refuse to issue any certificate or Special Waste
				Endorsement for any one or any combination of the following causes:
1) The practice of any fraud or deceit in
				obtaining or attempting to obtain a certificate of competency;
2) Negligence or misconduct in the operation
				of a sanitary landfill;
3) Repeated
				failure to comply with any of the requirements applicable to the operation of a
				sanitary landfill, except for board requirements applicable to the collection
				of litter;
4) Repeated violations
				of federal, state or local laws, regulations, standards, or ordinances
				regarding the operation of refuse disposal facilities or sites;
5) Conviction in this or another state of any
				crime which is a felony under the laws of this state or conviction of a felony
				in a federal court;
6) Proof of
				gross carelessness or incompetence in handling, storing, processing,
				transporting, or disposing of any hazardous waste; or
7) Being declared to be a person under a
				legal disability by a court of competent jurisdiction and not thereafter having
				been lawfully declared to be a person not under legal disability or to have
				recovered. (Ill. Rev. Stat. 1990 Supp., ch. 111, par. 7856, Section
				1006).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 870 - LANDFILL OPERATORS CERTIFICATION › Subpart E - SUSPENSION AND REVOCATION › Section 870.520 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a certificate
				is suspended it shall be considered void for a period of time not less than 30
				days, but no more than one year. If a certificate expires during suspension the
				operator may not reapply for any certificate until the suspension period has
				elapsed. Experience obtained during this period shall not be credited towards
				meeting the requirement described in Subpart B. At the end of the suspension
				period the suspended certificate, if not expired, shall be considered
				valid.
b) If a certificate is
				revoked it shall be considered void. If a certificate is revoked, the operator
				may not reapply for any certificate for a period of not less than six months
				but not more than three years. If an applicant seeks to obtain a certificate
				after the revocation period has elapsed, the applicant must comply with all
				requirements of Subparts B: Certificates, and D: Fees.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 870 - LANDFILL OPERATORS CERTIFICATION › Subpart E - SUSPENSION AND REVOCATION › Section 870.525 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Within 35 days after the receipt of the notice of sanction
				  from the Director the operator may appeal the sanction to the Circuit Court of
				  Sangamon County. The revocation or suspension of a certificate shall be stayed
				  pending a final decision on the appeal.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1100 - DEPARTMENT RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1100.560 - Tax Default; Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 notice from the Illinois Department of Revenue that a person has failed to file
			 a return, or to pay the tax, penalty, or interest shown in a filed return, or
			 to pay any final assessment of tax, penalty, or interest, as required by any
			 tax Act administered by the Illinois Department of Revenue, the Division of
			 Professional Regulation (DFPR-DPR) shall:
1)
			 issue an Order refusing to renew the license of the person; or
2) issue an Order denying the application for
			 licensure of the person; or
3)
			 issue an Order suspending the license of the person.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all hearings conducted by the Division
				pursuant to the DFPR Law and other Acts under the jurisdiction of the
				Department.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.20 - Institution of a Contested Case by the Division

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is instituted by the
			 Division when a Complaint and Notice of Preliminary Hearing are filed with the
			 Clerk of the Court and mailed or emailed to the Respondent's address of
			 record.
b) A Complaint shall be in
			 writing, signed by a Chief of Prosecution, and shall include a clear statement
			 of the acts or omissions alleged to violate a statute or rule and the citation
			 of the particular Sections of the substantive and procedural statutes and rules
			 involved. Any allegation of a violation of a statute or rule under the
			 administration of the Department that is premised on a violation of another
			 State or federal statute or rule shall identify that State or federal statute
			 or rule.
c) The Notice of
			 Preliminary Hearing shall be in writing and shall contain the date, time, place
			 and nature of the hearing to be held, shall refer to the Division's Rules of
			 Practice, and shall comply with the Notice requirements of Section
			 1110.70.
d) A contested case is also instituted by the
			 Division when a Notice of Intent to Refuse to Renew is filed with the Clerk of
			 the Court and mailed or emailed to the Respondent's address of
			 record.
e) A Notice of Intent to
			 Refuse to Renew shall be in writing and signed by a Chief of Prosecution, shall
			 include a clear statement of the acts or omissions alleged to violate a statute
			 or rule, and shall include the citation of the particular Sections of the
			 substantive or procedural statutes and rules involved. Any allegation of a
			 violation of a statute or rule under the administration of the Department that
			 is premised on a violation of another State or federal statute or rule shall
			 identify that State or federal statute or rule. It shall notify the licensee
			 that the licensee must request a hearing to contest the notice within 30 days
			 after service and, if a request is not filed within that time, the Director may
			 issue an order refusing renewal of the license. Upon receipt by the Clerk of
			 the Court of a properly completed request for hearing, a case will be docketed
			 and notice sent to the Respondent setting forth the date, time and place of
			 hearing.
f) The procedures for
			 Rules to Show Cause for each profession are described in the applicable
			 professional Act. If the Division is seeking a civil penalty for unlicensed
			 practice, the Division shall file a Complaint and Notice of Preliminary Hearing
			 in the same manner as set forth in this Section.
g) Any Notice of Preliminary Hearing or
			 Notice of Intent to Refuse to Renew prepared under the provisions of this
			 Section pertaining to a person licensed under the Real Estate License Act of
			 2000 [ 225 ILCS 454 ] shall also be addressed to and served upon that person's
			 managing broker and sponsoring broker.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.30 - Institution of a Contested Case by Petitioner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is instituted by a
			 Petitioner when a Petition for Hearing is filed with the Clerk of the
			 Court.
b) In a case in which a
			 Petitioner is seeking restoration of a license that was revoked or suspended or
			 for termination of an indefinite probation, the Petition for Hearing shall be
			 in writing, signed by the Petitioner, and shall set forth:
1) The number of the license that was
			 suspended, revoked or placed on probation;
2) The docket number of the case that
			 resulted in discipline;
3) The date
			 on which the suspension, revocation or probation was ordered;
4) Whether the order that suspended, revoked,
			 or placed on probation the license was appealed, and if so, whether a stay of
			 the imposition of discipline was granted by any reviewing court;
5) All dates and types of employment held
			 since the discipline was imposed;
6) All continuing or remedial education
			 completed since the discipline was ordered;
7) If the Petitioner has sought medical
			 treatment, psychotherapy or counseling since the discipline was ordered, and if
			 rehabilitation is relied upon as a basis for petitioning that the license be
			 restored or the probation terminated, the name and address of the treating
			 professional, and whether the Petitioner consents to disclosure by the
			 professional of matters that are relevant to whether the Petitioner is fit to
			 resume practice;
8) Any conviction
			 or arrest followed by a charge since the discipline was ordered; and
9) Date and disposition of any other
			 petitions for restoration filed since the discipline was ordered.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.40 - Joinder

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of the efficient disposition of related cases,
				the Division may join cases relating to multiple Respondents without regard to
				whether the cases relate to the same license or profession so long as the cases
				involve issues of law or fact that are common to the parties. The Respondent
				may contest the decision to join cases by filing a motion pursuant to Section
				1110.210(a)(10).
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.50 - Form and Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All documents filed or submitted to the Division in a contested case shall be
			 typewritten on 81/2- by 11-inch white paper. The first page of each document
			 shall set forth the names of the parties and the docket number assigned to the
			 case by the Division. Petitions for Hearing that are filed before a docket
			 number is assigned shall contain a space for entry of the assigned number. (See
			 the Appendices.)
b) All Notices,
			 Complaints, Answers, Petitions, motions, responses, replies and other papers in
			 the nature of a pleading shall be filed with and date stamped by the Clerk of
			 the Court. A copy of any motion, response, reply, or similar document shall
			 also be provided to the opposing party and/or the opposing party's counsel of
			 record or the assigned Division counsel, as applicable.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.60 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of any
			 document may be by mail or by personal delivery. Service may also be made by
			 email to the Respondent, Petitioner or licensee to the address of record.
			 Service upon an unlicensed person may only be made by mail to the most recent
			 publicly ascertainable address or by personal delivery. Service by email to the
			 assigned Division counsel may be addressed to his or her email address
			 appearing on any pleading.
b) Proof
			 of service by mail or personal delivery will be attached to the original of any
			 document served. Proof of service by email shall be the emailed notice to which
			 the document is attached. In the absence of evidence to the contrary, the date
			 shown on the proof of service shall be deemed the date of service. Proof of
			 service may be verified by certification as provided for in Section 1-109 of
			 the Code of Civil Procedure [ 735 ILCS 5 ].
c) If service is by email, the Division shall
			 maintain a copy of the sent email and shall verify within one business day that
			 the transmission of the email has not been rejected or has failed. In the event
			 of rejection or failure, absent correction of an erroneous email address,
			 service shall be made by mail.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.70 - Notice of Preliminary Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Notice of Preliminary Hearing shall include:
1)
A statement of the time, place and
			 nature of the hearing
;
2)
A statement of the legal authority and jurisdiction under which the
			 hearing is to be held
;
3)
A reference to the particular Sections of the substantive and
			 procedural statutes and rules involved;
4)
Except when a more detailed
			 statement is otherwise provided for by law, a short and plain statement of the
			 matters asserted, the consequences of a failure to respond, and the official
			 file or other reference number.
5)
To the extent such information is
			 available, the names, phone numbers, email addresses and mailing addresses of
			 the administrative law judge or designated agency contact, parties, and all
			 other persons to whom the agency gives notice of the
			 hearing
unless otherwise confidential by law
. [
			 5 ILCS
			 100/10-25(a) ]
6) A statement that the purpose of the
			 Preliminary Hearing is to set a date on which all parties expect to be prepared
			 to proceed with their cases and to rule on any preliminary motions that are
			 presented.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.80 - Negotiations and Agreed Dispositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Division and the Respondent or
			 Petitioner may stipulate to facts and that stipulation may be used or otherwise
			 admitted at the hearing.
b) The
			 Division and the Respondent or Petitioner may enter into a written agreement
			 providing for disciplinary or nondisciplinary action against the Respondent or
			 the granting or restoration of a license as a settlement and disposition of the
			 complaint or petition. The written agreement may also be signed by a Board
			 member from the relevant Board. The written agreement shall be considered the
			 Findings of Fact, Conclusions of Law, and Recommendation to the Director. If
			 the Director approves the written agreement, it shall be entered in the same
			 manner as any other Order of the Director and shall constitute a final
			 decision. If the Director rejects the written agreement, the Respondent or
			 Petitioner shall then be entitled to a hearing on the merits. It shall not be a
			 bar to participation in the hearing by a Board member that he or she has
			 previously considered a proposed agreement under this Section. A proposed
			 written agreement not accepted by all parties or rejected by the Director shall
			 be deemed confidential as an unsuccessful attempt to settle and shall not be
			 referenced or included in any future pleading or proceeding.
c) Participation in an informal conference
			 shall not be a basis to exclude Board members from deliberating with the full
			 Board on an Administrative Law Judge's Report and Recommendation in a contested
			 matter.
d) Statements made during
			 informal conferences are confidential, including proposed dispositions and
			 shall not be used or admitted in any proceeding regarding the
			 allegations.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.90 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may be
			 represented by an attorney who is licensed in Illinois or by an attorney
			 otherwise permitted by law to practice in the State. Attorneys who appear in a
			 representative capacity must file written notice of appearance setting forth:
1) The name, address, email address,
			 telephone number and Supreme Court registration number of the
			 attorney;
2) The name, address and
			 email address of the party represented; and
3) An affirmative statement indicating that
			 the attorney is licensed in Illinois or is appearing pro hac vice.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.100 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Failure to appear at the time and place set for formal hearing
				shall be deemed a waiver of the right to present evidence unless otherwise
				reflected by order of the Administrative Law Judge. After presentation by the
				Division of proof that the Respondent was given proper notice and the Division
				has been given an opportunity to present evidence, the ALJ shall make his or
				her recommendation. When a Petitioner fails to appear at the time and place set
				for formal hearing, the Petition for Hearing shall be
				dismissed.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.110 - Amendment, Withdrawal of Complaints and Petitions for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Complaint,
			 Notice of Intent to Refuse to Renew, or Notice of Intent to Deny a License may
			 be amended at any time, except in the course of the hearing without leave or
			 approval of the Administrative Law Judge. An amended Complaint or amended
			 Notice shall be filed in the same manner as a Complaint. If an amended
			 Complaint or Notice is filed during the course of the hearing, it shall also be
			 presented to the Administrative Law Judge. A continuance shall be granted
			 whenever the amendment materially alters the Complaint or Notice and when the
			 Respondent demonstrates that he or she would otherwise be unable to properly
			 prepare an Answer to the Amended Complaint or Notice or prepare his or her
			 case.
b) A Complaint, Notice or
			 Petition for Hearing may be withdrawn at any time prior to the hearing by the
			 party who initiated it. After a hearing has begun, a Complaint, Notice or
			 Petition may be withdrawn only with leave of the ALJ.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.130 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 not be the subject of motions presented to the Administrative Law Judge, except
			 when a motion is made alleging failure to comply with this provision and
			 requesting appropriate relief.
b)
			 Upon written request served on the opposing party or by order of the
			 Administrative Law Judge, any party shall be entitled to:
1) The name and address of any witness who
			 may be called to testify, including identification of any witness to be offered
			 as an expert;
2) Copies of any
			 document that may be offered as evidence;
3) A description of any other evidence that
			 may be offered;
4) Any
			 nonprivileged evidence in the Division's possession; and
5) Copies of any Division investigative
			 report created for the case.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.140 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Chief
			 Administrative Law Judge, or another Administrative Law Judge designated by the
			 Chief, will issue subpoenas for the attendance of witnesses or production of
			 books, records, documents or other evidence.
b) Any Respondent or Petitioner seeking
			 issuance of a subpoena shall submit a request in writing to the Chief
			 Administrative Law Judge.
c) The
			 request shall set forth facts to demonstrate that the documents or testimony
			 sought are relevant to the issues contained in the Complaint, Notice of Intent
			 to Deny, Notice of Intent to Refuse to Renew, or Petition pending before the
			 Division and are not otherwise excludable by law or by rule.
d) A request for subpoena may be denied if
			 insufficient information is provided in the request to make such a
			 determination.
e) Except for
			 Division investigators, examiners, and profession coordinators who participated
			 in the investigation of the case, the Chief Administrative Law Judge shall not
			 generally issue subpoenas for the testimony of Department or Division officers
			 or employees or members of any Division Board.
f) Upon refusal by an Administrative Law
			 Judge to issue any subpoena, the licensee will be entitled to a hearing before
			 another Administrative Law Judge, to be conducted as a matter of
			 record.
g) Service of subpoenas and
			 payment of witness fees and expenses shall be as provided in Section 2105-105
			 of the DFPR Law.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.150 - Prehearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) After a case is
			 instituted, upon the written motion of any party, or on his or her own motion,
			 the Administrative Law Judge may direct the parties to attend a
			 prehearing.
b) Upon the request of
			 any party, the prehearing will be conducted as a matter of record.
			 Participation by any Board member or an ALJ will not affect his or her right to
			 participate in a subsequent hearing on the matter. The requesting party shall
			 be responsible for the court reporter's attendance and costs.
c) The purposes of the prehearing include:
1) Simplification of issues;
2) Limitation of issues;
3) Negotiating admissions or
			 stipulations;
4) Limitation of
			 witnesses or evidence;
5) Exchange
			 of exhibits;
6) Discussion of any
			 other matter that may aid in efficient disposition of the case; or
7) Agreed dispositions.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.155 - Remote Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Preliminary hearings may be conducted remotely, either by teleconference or
			 videoconference, provided that the Notice of Preliminary Hearing includes
			 notice that the preliminary hearing will be conducted remotely and includes
			 instructions for accessing the teleconference or videoconference system at the
			 date and time set forth in the Notice of Preliminary Hearing.
b) By order of the Administrative Law Judge,
			 any status hearing or prehearing may be conducted remotely, either by
			 teleconference or videoconference. The parties shall be provided instructions
			 for accessing the teleconference or videoconference system for the date and
			 time of the scheduled status hearing or prehearing.
c) Upon motion of any party, the ALJ may
			 determine whether the pending matter may be suitable for a formal hearing by
			 teleconference or videoconference, in whole or in part, as an alternative to
			 in-person proceedings.
d) The
			 parties may agree that the formal hearing will be conducted in its entirety by
			 teleconference or videoconference or that a part or parts of the formal hearing
			 will be conducted by teleconference or videoconference, including the testimony
			 of a particular witness or witnesses. These agreements are subject to the
			 approval of the ALJ by entry of an order.
e) In the absence of any such agreement of
			 the parties, the ALJ may determine whether the formal hearing will be conducted
			 in its entirety by teleconference or videoconference or that a part or parts of
			 the formal hearing will be conducted by teleconference or videoconference,
			 including the testimony of a particular witness or witnesses, or whether the
			 proceedings or any part of the proceedings shall remain in-person. This
			 determination shall be made by order of the ALJ. In making this determination,
			 the ALJ may consider factors including, but not limited to, the following:
1) Preference of the parties;
2) Capabilities of participants to
			 participate via video or telephone;
3) Whether the selected method is accessible
			 for persons with health risks or disabilities;
4) Whether the participants have access to
			 the internet;
5) Number of
			 witnesses;
6) Volume of documents
			 offered as exhibits;
7) Complexity
			 of the Complaint or Petition;
8)
			 Expected duration of the formal hearing;
9) Extent to which the credibility of any
			 witness will be at issue;
10)
			 Extent to which exhibits will be used to examine any witness; and
11) Any other consideration that will impede
			 or aid in the fair and efficient administration of the formal hearing
			 process.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.160 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The sequence to be followed for all contested cases is as
				follows:
a) Preliminary Hearing. The
			 purpose is to set a date on which all parties expect to be prepared to proceed
			 with their cases, and to rule on any preliminary motions that are
			 presented.
b) Prehearings -
			 Optional. The purposes are set forth in Section
			 1110.150.
c) Formal Hearings
1) Preliminary Matters - Motions, attempts to
			 narrow issues or limit evidence.
2)
			 Opening Statements - The party bearing the burden of proof proceeds
			 first.
3) Case in Chief - Evidence
			 is presented by the party bearing the burden of proof. Once a witness' direct
			 testimony is completed, that witness is subject to cross-examination.
4) Defense - Evidence may be presented by the
			 opposing party.
5) Closing
			 Statements - The party bearing the burden of proof proceeds first, then the
			 opposing party, then a final word by the party bearing the burden of
			 proof.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.170 - Administrative Law Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any
			 contested case, the Director shall appoint and employ an attorney, licensed to
			 practice in Illinois, to serve as Administrative Law Judge on behalf of the
			 Board. The Director may also appoint and employ an attorney, licensed to
			 practice in Illinois, to serve as ALJ to conduct any hearing in his or her
			 stead. The ALJ shall be empowered to conduct the hearing, question witnesses,
			 make rulings on motions and objections, and submit Findings of Fact,
			 Conclusions of Law, and his or her recommendation to the Board or Director at
			 the conclusion of the case.
b) It
			 shall not be a bar to employment as an Administrative Law Judge that the
			 attorney is also a Department employee.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.175 - Disqualification of Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Administrative Law Judge may, on
			 his/her own motion, recuse himself/herself from presiding over a matter due to
			 conflict of interest or bias.
b) At
			 any time prior to the issuance of the Administrative Law Judge's final decision
			 or recommendation, a party may file a motion to disqualify the ALJ for bias or
			 conflict of interest. An adverse ruling made by an ALJ, in and of itself, shall
			 not constitute bias or conflict of interest. The motion shall set forth the
			 alleged grounds of bias or conflict of interest and shall include supporting
			 affidavits. A different ALJ shall have 7 days after the motion was filed to
			 enter a written ruling, which shall be served on all parties. An adverse ruling
			 or rulings rendered against the party or its representative in any previous
			 matter shall not, in and of themselves, constitute sufficient grounds for
			 disqualification under this Section.
c) If the motion to disqualify is denied, the
			 moving party may request the decision be reviewed by the Director.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.180 - Examination by the Board or Administrative Law Judge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any member of any Board, or any
			 Administrative Law Judge, may examine any witness.
b) Either party may object to specific
			 questions asked by the Board member or ALJ.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.200 - Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Business records
			 shall be admissible. A business record is:
1)
			 Relevant;
2) A memorandum, report,
			 record or data compilation;
3) Made
			 by a person with first-hand knowledge of the facts or from information
			 transmitted by a person with knowledge of those matters;
4) Made at or near the time of the
			 facts;
5) Made as part of the
			 regular practice of the activity; and
6) Kept in the course of regularly conducted
			 activity.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.210 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions will be
			 made in writing, unless otherwise allowed by the Administrative Law Judge prior
			 to or during the course of a hearing. Written motions are limited to the
			 following:
1) To request dismissal of a
			 Complaint for failure to state facts that, if true, would form a sufficient
			 basis for discipline.
2) To request
			 sanctions in accordance with Section
			 1110.90(Representation).
3) To request sanctions in accordance with
			 Section 1110.130 (Discovery).
4) To
			 request dismissal of a Petition for Hearing, for failure to comply with Section
			 1110.30
			 (Institution of a Contested Case by a Petitioner).
5) To request dismissal of a Complaint,
			 Notice of Intent to Deny, or Notice of Intent to Refuse to Renew when the
			 Division's case has been concluded without sufficient evidence having been
			 presented to form a basis for discipline.
6) To request a continuance or extension of
			 time to comply with any provision of this Part consistent with the expedited
			 nature of administrative hearings.
7) To request that a member of the Board be
			 excluded from the hearing or deliberations, for prejudice.
8) To request that an Order entered by the
			 ALJ be vacated or modified.
9) To
			 request a prehearing.
10) To
			 request separation of cases joined by the Division.
11) To request disqualification of an ALJ in
			 accordance with Section
			 1110.175.
12) To request a protective order to prevent
			 exposure in the public domain of records or other information that is of a
			 sensitive or confidential nature.
13) To request that a Notice to Plead or Be
			 Held in Default be issued upon failure to file an Answer or other responsive
			 pleading in accordance with Section
			 1110.120(c).
14) To compel discovery.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.220 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Irrelevant, immaterial, or unduly repetitious evidence shall be
			 excluded. The rules of evidence and privilege as applied in civil cases in the
			 circuit courts of this State shall be followed. Evidence not admissible under
			 those rules of evidence may be admitted, however, except when precluded by
			 statute, if it is of a type commonly relied upon by reasonably prudent men in
			 the conduct of their affairs. Objections to evidentiary offers may be made and
			 shall be noted in the record. Subject to these requirements, when a hearing
			 will be expedited and the interests of the parties will not be prejudiced, any
			 part of the evidence may be received in written form.
[
			 5 ILCS
			 100/10-40(a) ]
b) Testimony shall be taken only on oath or
			 affirmation.
Subject to the evidentiary requirements of this Section, a
			 party may conduct cross-examination required for a full and fair disclosure of
			 the facts
. [
			 5 ILCS
			 100/10-40(b) ]
c) All exhibits for any party shall be
			 clearly marked for identification. A sufficient number of copies shall be made
			 prior to the commencement of the hearing and when admitted into evidence by the
			 ALJ.
d) Official notice may be
			 taken of past hearings and of any matter of which the Circuit Courts of
			 Illinois may take judicial notice. In addition, official notice may be taken of
			 generally recognized technical or scientific facts within the Division's
			 specialized knowledge. Parties shall be notified either before or during the
			 hearing, or by reference in preliminary reports or otherwise, of the material
			 noticed, including staff memoranda and data, and they shall be afforded an
			 opportunity to contest the material so noticed. The Division's and the ALJ's
			 experience, technical competence, and specialized knowledge may be utilized in
			 the evaluation of the evidence.
e)
			 If a licensee appears for a hearing and refuses to testify on the grounds that
			 any answer of his or hers may tend to incriminate him or her, the ALJ may take
			 an adverse inference from the refusal to testify and shall consider the adverse
			 inference in addition to other evidence. If a licensee appears and refuses to
			 testify without asserting the right against self-incrimination, the ALJ shall
			 enter any appropriate order as is required by the evidence and this
			 Part.
f) The ALJ may, on his or her
			 own initiative or at the request of any party or witness, enter a protective
			 order to prevent exposure in the public domain of records or other information
			 that is of a sensitive or confidential nature.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.230 - Adverse Witness

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party or
			 witness may be called as an adverse witness. In such a case, examination of the
			 witness will be allowed as if under cross-examination.
b) Upon a showing that a witness was called
			 in good faith, and that the party calling him is surprised by his testimony,
			 examination of the witness may proceed as if under cross-examination, and the
			 testimony of the witness may be impeached by prior statements, or
			 otherwise.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.245 - Privacy

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party may
			 use initials or other identifiers to refer to any patient, client, alleged
			 victim, or minor in any filing in place of that person's name. The party so
			 doing shall provide to the opposing party and that party's counsel and to the
			 Administrative Law Judge a document identifying by name that person. This
			 document is deemed confidential under Section 2105-117 of the DFPR Law. The
			 document shall not be a part of the official record of the proceeding and shall
			 not be subject to disclosure to any non-parties or subject to disclosure under
			 the Freedom of Information Act [ 5 ILCS 140 ].
b) The ALJ or Director may seal from public
			 view any portion of an ALJ's or Board's Findings of Fact, Conclusions of Law,
			 and Recommendation or Director's Order that discloses protected health care
			 information or other private information that is protected under federal or
			 State law. Any portion so sealed shall not be subject to disclosure to any
			 non-parties or subject to disclosure under the Freedom of Information
			 Act.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.246 - Record of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 record of the hearing in a contested case shall include:
1) All pleadings presented before the
			 Administrative Law Judge (including the Complaint, Notice of Intent to Deny,
			 Notice of Intent to Refuse to Renew, Answer, Petition, all prehearing and
			 hearing notices, and responses, admissions, stipulations of fact, motions and
			 rulings on these issuances);
2) All
			 documentary evidence;
3) A
			 transcript of the proceedings;
4)
			 The Findings of Fact, Conclusions of Law, and Recommendation of the
			 ALJ;
5) The Findings of Fact,
			 Conclusions of Law, and Recommendation of the Board;
6) Any motions and responses filed pursuant
			 to the Twenty Day Notice; and
7)
			 The Order of the Director, which shall constitute a final administrative
			 decision within the provisions of the Administrative Review Law.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.250 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subdivision, sentence or clause of this Part
				shall be held by a court of competent jurisdiction to be invalid, such holding
				shall not affect the remaining parts thereof.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 1110.270 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may grant variances from this Part in individual
				cases in which he or she finds that:
a)
			 The provision from which the variance is granted is not statutorily
			 mandated.
b) No party will be
			 injured by the granting of the variance.
c) The rule from which the variance is
			 granted would, in the particular case, be unreasonable or unnecessarily
			 burdensome.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Appendix A - Caption for a Case Filed by the Division

Current through Register Vol. 48, No. 28, July 12, 2024
STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL
				REGULATION
DIVISION OF PROFESSIONAL REGULATION (or)
DIVISION OF REAL ESTATE
DEPARTMENT OF FINANCIAL AND PROFESSIONAL
						  REGULATION
)
of the State of Illinois,
Complainant
)
)
v.
)
No.
)
(Name of Respondent)
)
(License Number)
Respondent
)
COMPLAINT
or
NOTICE OF INTENT TO REFUSE TO
				RENEW
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Appendix B - Caption for a Petition for Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL
				REGULATION
DIVISION OF PROFESSIONAL REGULATION (or)
DIVISION OF REAL ESTATE
In RE the Petition for Restoration of
)
)
No.
(Name of Petitioner)
)
(License Number)
Petitioner
)
PETITION FOR
				HEARING
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1110 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Appendix C - Caption for an Application for Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL
				REGULATION
DIVISION OF PROFESSIONAL REGULATION (or)
DIVISION OF REAL ESTATE
IN RE THE APPLICATION FOR LICENSURE OF
)
)
No.
(Name of Applicant)
Applicant
)
PETITION FOR
				HEARING
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.10 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is promulgated pursuant to Section 2.05 of the "Open
				Meetings Act (the Act) [ 5 ILCS 120 ].
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.20 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to interpret and explain the
				"Open Meetings Act" in order to provide guidelines to promote complete
				understanding about the law and insure that meetings and hearings are:
a) fair to the individual involved in
			 departmental proceedings and
b)
			 conducted openly for the people of the State.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.30 - Proceedings May Be Recorded

Current through Register Vol. 48, No. 28, July 12, 2024
Proceedings at meetings and hearings required to be open to the
				public by the "Act" may be recorded audibly, visually, or by any other means by
				any person. Persons may be required to locate their cameras or other recording
				devices at a sufficient distance from the committee or board members as is
				necessary to avoid interference with the committee's or board's
				discussion.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.50 - Proper Order and Decorum

Current through Register Vol. 48, No. 28, July 12, 2024
a) Members
			 of the media like all other persons attending such hearing or meeting shall be
			 as quiet and stationary as possible in the place where such meeting or hearing
			 is being conducted.
b) The use of
			 flashbulbs or similar lighting devices shall be prohibited. Artificial lights
			 shall be permitted only during the time that filming takes place. However, no
			 artificial lights shall be allowed if the presiding officer deems it
			 disruptive.
c) The Department shall
			 cooperate with the media, as much as reasonably feasible, in providing adequate
			 space for their personnel and equipment. "Pooling" arrangements among the media
			 necessary because of limitations of space for equipment and personnel shall be
			 the sole responsibility of the media.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.55 - Public Comments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant
			 to Section 2.06(g) of the Act, any person shall be permitted an opportunity to
			 address the committee or board so long as the person's public comments:
1) preserve the decorum of the
			 meeting;
2) are reasonably related
			 to the committee's or board's agenda and/or scope of regulatory authority, as
			 determined by the committee or board;
3) are limited to a reasonable period of
			 time, not to exceed 3 minutes unless the committee or board gives permission to
			 exceed this time limit.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1120 - RECORDING OF PROCEEDINGS AT MEETINGS AND HEARINGS › Section 1120.60 - Granting Variances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Secretary may grant variances from this Part in individual cases when he or she
			 finds that:
1) The provision from which the
			 variance is granted is not statutorily mandated;
2) No party will be injured by the granting
			 of the variance; and
3) The rule
			 from which the variance is granted would, in the particular case, be
			 unreasonable or unnecessarily burdensome.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1130 - ADMINISTRATIVE PROCEDURES FOR GENERAL PROFESSIONAL REGULATION UNDER THE ADMINISTRATIVE CODE › Subpart A - GENERAL › Section 1130.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Address of record" means the designated address recorded by
				  the Department in the licensee's license file as maintained by the Department's
				  licensure maintenance unit. It is the duty of the licensee to inform the
				  Department of any change of address, and those changes must be made either
				  through the Department's website or by contacting the Department.
"Board" means a board or committee appointed and acting
				  pursuant to any Act administered by the Department of Financial and
				  Professional Regulation-Division of Professional Regulation or Division of Real
				  Estate.
"Chaperone order" means the administrative order issued by
				  the Director, on behalf of the Secretary, pursuant to Section 2105-165(c) of
				  the Code.
"Code" means the Civil Administrative Code of Illinois
				  (Department of Professional Regulation Law) [20 ILCS 2105 ].
"Department" means the Department of Financial and
				  Professional Regulation.
"Director" means the Director of the Division of Professional
				  Regulation or the Division of Real Estate with the authority delegated by the
				  Secretary.
"Division" means the Department of Financial and Professional
				  Regulation-Division of Professional Regulation or the Division of Real
				  Estate.
"Person" means an individual human being and not a corporate
				  or other type of legal entity.
"Statute" means Section 2105-15 of the
				  Code.
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1130 - ADMINISTRATIVE PROCEDURES FOR GENERAL PROFESSIONAL REGULATION UNDER THE ADMINISTRATIVE CODE › Subpart B - NON-BINDING, ADVISORY OPINIONS ON CRIMINAL CONVICTIONS › Section 1130.20 - Request for Non-Binding, Advisory Opinion (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1130 - ADMINISTRATIVE PROCEDURES FOR GENERAL PROFESSIONAL REGULATION UNDER THE ADMINISTRATIVE CODE › Subpart B - NON-BINDING, ADVISORY OPINIONS ON CRIMINAL CONVICTIONS › Section 1130.100 - Confidentiality of Records

Current through Register Vol. 48, No. 28, July 12, 2024
All documents and records submitted to the Department by an
				  individual seeking a non-binding, advisory opinion shall be deemed confidential
				  and may not be made available to any person or public or private agency,
				  including any requests made pursuant to the Freedom of Information Act [5 ILCS
				  140], except if specifically required or permitted by statute or upon specific
				  authorization by the individual seeking a non-binding, advisory opinion. The
				  Department shall not be required to release any documents filed or received
				  pursuant to this Part unless the Department has obtained a written, signed
				  release from the individual who originally requested a non-binding, advisory
				  opinion determination from the Department; except that the Department may
				  disclose information and documents to a federal, state or local law enforcement
				  agency pursuant to a subpoena in an ongoing criminal investigation or to a
				  health care licensing body of this State or another state or jurisdiction
				  pursuant to an official request made by that licensing body.