TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER b: PROGRAM AND TECHNICAL SUPPORT
PART 336 APPEAL OF CHILD ABUSE AND NEGLECT INVESTIGATION FINDINGS
SECTION 336.150 CONTINUANCES


 

Section 336.150  Continuances

 

a)         No continuance of a scheduled hearing or pre-hearing conference shall be granted by the Administrative Law Judge to any party except for good cause shown.  Good cause includes, but is not limited to:

 

1)         sickness or death in the immediate family of the appellant, the Department representative or the authorized representative of the appellant;

 

2)         court or administrative hearing dates scheduled prior to the issuance of the notice of hearing; and

 

3)         the unavailability of a witness.

 

b)         No request for a continuance shall be granted without notice to all parties and an opportunity to object on the record.  All motions for continuance shall be disposed of by written order.

 

c)         If a continuance is requested or agreed to by an appellant, the time period between the request for continuance and the continued hearing date shall not be considered a delay on the part of the Department in issuing and implementing its final administrative decision.

 

d)         If a continuance is requested due to the lack of a certified court reporter or interpreter, the party seeking a continuance must demonstrate due diligence in seeking that service for the hearing date.

 

e)         Notices of a continued hearing date need not include any restatement of the rights of the parties.

 

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