Section 336.85  Expedited Appeals

a)         Child care workers who are the subject of a Department finding that an allegation of child abuse and/or neglect is indicated may request from the Department's Administrative Hearings Unit an expedited appeal. The written request for an appeal must specifically state that an expedited appeal is being requested.  The Department may request that an appellant requesting an expedited appeal provide documentation to confirm his or her status as a child care worker.

b)         Within seven days after the Unit's receipt of the request for an expedited appeal, the Department will set pre-hearing and hearing dates and send the appellant and his or her representative a notice by certified mail of the dates, along with a copy of the investigative file.

c)         The pre-hearing date will be set within 14 days after receipt of the request for expedited appeal. The parties should be prepared to have the Department issue any subpoenas after the conclusion of the pre-hearing conference. 

d)         The hearing date will be set within seven days after the pre-hearing conference and within 21 days after receipt of the request for expedited appeal. The Department will set aside two consecutive days for the administrative hearing.

e)         The Administrative Law Judge will provide the Director with a recommended decision within seven calendar days or five working days after completion of the expedited appeal hearing. 

f)          The Director will issue a final administrative decision within seven days after receipt of the Administrative Law Judge's recommended decision and the Director's decision will be sent to the appellant and his or her representative by certified mail within 35 days after the date on which the expedited appeal request was received.

(Source:  Added by peremptory rulemaking at 29 Ill. Reg. 21091, effective December 8, 2005)