Section 100.16  Proposal for Decision

a)         When the Director has not heard the contested case or read the record and his or her final decision would be adverse to any party other than the Department, a proposal for decision shall be served upon all parties to the proceedings.  The proposal for decision shall contain:

1)         A statement of the  reasons for the proposed decision;

2)         A statement of each issue of fact or law necessary to the proposed decision. (Section 10-45 of the IAPA)

b)         The proposed decision shall be prepared by the persons who conducted the hearing or one who has read the record.  (Section 10-45 of the IAPA)

c)         Any party adversely affected by the proposed decision shall have 20 days from the receipt of the proposal for decision in which to file written exceptions and a brief.  Failure to file written exceptions and a brief in the time provided for in the proposal for decision shall be deemed a waiver of the right to file exceptions and a brief.  The Department shall have ten (10) days to respond to the exceptions or brief.

d)         The proposal for decision shall be served on all parties personally or by certified mail.

e)         The Director in his or her discretion may provide for oral arguments on the proposal for decision.  If oral arguments are allowed, they shall be scheduled as convenient to the Director.

(Source:  Section repealed, new Section added at 18 Ill. Reg. 5980, effective April 1, 1994)