Section 336.100  Rights and Responsibilities in Administrative Hearings

a)         An appellant may bring an Authorized Representative to the hearing. Expenses of a representative or of an appellant's witnesses shall be paid by the appellant.

b)         At the appellant's request, the Department shall arrange for an interpreter at no cost to the appellant if English is not the appellant's primary language or shall provide a sign interpreter or other assistance for communication if the appellant is hearing impaired.

c)         During the administrative hearing, the appellant and the Department have the right to:

1)         present and question witnesses;

2)         present any information relevant to the issues;

3)         question or disprove any information, including an opportunity to question opposing witnesses; and

4)         dispose of any disputed issue by mutually agreeing to a resolution any time prior to the conclusion of the administrative hearing.

d)         Before and during the administrative hearing:

1)         the appellant may withdraw the appeal; and

2)         the Department may expunge the indicated finding or amend the indicated finding to delete any information which identifies the appellant as a perpetrator.

e)         In an administrative hearing concerning child abuse or neglect reports:

1)         the Department carries the burden of proof of justifying the refusal to amend, expunge or remove the record; and

2)         the Department must prove that a preponderance of the evidence supports the indicated finding, or that the record of the report is being maintained in a manner consistent with the Abuse and Neglected Child Reporting Act and in accordance with 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect).

f)          Hearings shall be recorded on audiotapes. However, any party wishing to have the proceedings recorded by a certified court reporter may do so at the party's own expense.

g)         The Department has an obligation to present evidence which creates a full and complete record, subject to Department rules and statutes on confidentiality.

h)         At any time prior to the commencement of the administrative hearing, the Department representative may add or amend the allegations which support the indicated finding against the appellant.  The Department representative must notify the appellant and the Administrative Hearings Unit, in writing, of the new or amended allegation and provide the appellant with a concise statement of the facts that form the basis for the new or amended allegation.  If the Department representative adds or amends an allegation after the pre-hearing conference, but prior to the commencement of the administrative hearing, the appellant, upon request, shall be entitled to a continuance for a reasonable period of time.  This continuance shall not be attributed to the appellant.

(Source:  Amended at 24 Ill. Reg. 7660, effective June 1, 2000)