Section 336.110  The Administrative Hearing and Pre-Hearing Conference

a)         The Chief Administrative Law Judge shall:

1)         Upon notification from the Department's representative that a criminal or juvenile court action is pending based on the same facts as the administrative expungement appeal, issue a stay of the appeal process for all appellants named as defendants or respondents until a final judicial decision has been made.  The time period, from the filing of the criminal charges or the juvenile petition, shall not be considered a delay on the part of the Department in issuing and implementing its final administrative decision.

A)        If the circuit court makes a final decision favorable to the appellant, the appellant shall notify the Administrative Hearings Unit in writing that a final order has been entered in the criminal or juvenile case and the Administrative Hearings Unit shall schedule a hearing on the appeal.  The appellant shall notify the Administrative Hearings Unit within 45 days after any such decision.  If the appellant fails to notify the Administrative Hearings Unit of these findings of fact within 45 days, the appellant shall not be entitled to a hearing under this Part.

B)        If the circuit court makes a finding that the alleged perpetrator abused or neglected a child, the Chief Administrative Law Judge or an Administrative Law Judge shall enter an order upholding each indicated finding based on the same facts as the court finding of abuse or neglect and the alleged perpetrator shall not be entitled to a hearing on those indicated findings.  If, after entering such an order, there are no remaining indicated findings of abuse or neglect, the Chief Administrative Law Judge or an Administrative Law Judge shall dismiss the appeal.

C)        The Administrative Hearings Unit may schedule status hearings to determine the status of any appeal stayed because of circuit court action;

2)         in the absence of a pending criminal or juvenile court action or an agreement of the parties, schedule a pre-hearing conference at least 15 days before the first hearing date and a hearing at a date within 70 calendar days after the date of receipt of the appellant's request for an administrative hearing;

3)         ensure that the administrative hearing is scheduled at a time and place reasonably convenient for all parties;

4)         provide a written notice to the parties within 10 calendar days after the receipt of a sufficient request for an administrative hearing, which shall contain the following information:

A)        the date and time of the pre-hearing conference;

B)        the date, time, place and nature of the hearing;

C)        the reasons which may be deemed an abandonment of the request for a hearing, thus constituting a waiver of the right to a hearing;

D)        a citation to the provision in the Abused and Neglected Child Reporting Act which grants the Department of Children and Family Services the legal authority and jurisdiction to hold this hearing;

E)         a reference to the particular Sections of the statutes and administrative rules involved;

F)         the allegations that were indicated;

G)        the consequences of the appellant's failure to appear at the pre-hearing conference;

H)        the docket number assigned to this case;

I)          the name and mailing address of the Administrative Law Judge and all parties, unless the names or addresses are confidential under the Abused and Neglected Child Reporting Act or Department of Children and Family Services Act; and

J)         a statement of the parties' rights during the administrative hearing.

b)         The Administrative Law Judge shall address the following issues during the pre-hearing conference:

1)         Whether parties have exchanged lists of the persons who will provide testimony during the administrative hearing.

2)         Whether children under 14 years of age may testify or be involved in the hearing.

A)        Either party requesting that a child under 14 years of age be subpoenaed to testify or be involved in the hearing process must demonstrate at the pre-hearing conference that:

i)          the child's testimony or involvement is essential to a determination of an issue on appeal; and

ii)         there is no likelihood of inflicting emotional harm to the particular child involved; and

iii)         no alternatives, such as stipulations or transcripts from prior court hearings, exist which may be used as a substitute for the child's testimony.

B)        If an Administrative Law Judge allows a child to testify, the Administrative Law Judge may set any conditions or restrictions, and may use any techniques allowed in any juvenile, civil or criminal court (including but not limited to in camera interviews, questions submitted in writing, exclusion of parties to the proceedings, including but not limited to the parents, or change of hearing room or location) that will help minimize any emotional impact on the child.

3)         Whether witnesses should be scheduled to testify at specific times.

4)         Whether the parties have or will have exchanged records or documents prior to the administrative hearing.

5)         Whether the parties can agree upon any facts as true.

6)         Motions filed by any party.

A)        Any motions from the appellant or the Department shall be filed with the Administrative Law Judge at least 10 calendar days before the pre-hearing.

B)        Copies of the motion shall be served upon the Administrative Law Judge, the Administrative Hearings Unit, and the opposing party at least 10 days before the date set for pre-hearing.

C)        Any motion that is consistent with administrative practice and procedure and does not infringe upon the Director's authority may be heard.

7)         The need for an interpreter for a party whose primary language is not English or who requires communication assistance.

8)         Whether any juvenile or criminal cases related to the indicated finding on appeal are pending in circuit court.

c)         The pre-hearing conference shall be convened by telephone unless the Administrative Law Judge and the parties agree that the pre-hearing conference shall be held in person.  The Administrative Law Judge shall place all telephone calls.  The cost of telephone calls shall be borne by the Department. The Administrative Hearings Unit shall arrange for the appellant to use a telephone at a Department Field Office if the appellant has previously notified the Department that he/she does not have access to a telephone.

d)         The Administrative Law Judge may order the parties to attend the pre-hearing conference in person without the consent of all parties.  If the Administrative Law Judge orders personal attendance, the Administrative Law Judge shall:

1)         give written notice to the parties of the date, time and place of the pre-hearing conference; and

2)         hold the pre-hearing conference at a place and time convenient for the parties.

(Source:  Amended at 26 Ill. Reg. 4175, effective March 8, 2002)