Section 336.190  Grounds for Dismissal

a)         The Chief Administrative Law Judge or the Administrative Law Judge shall dismiss the appeal on his or her own motion or on the motion of any party when:

1)         the Department has already made a final administrative decision on the issue as a result of a previous appeal;

2)         the issue is not regarding a child abuse or neglect report as defined in 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect);

3)         a court has made a judicial decision on the issue being appealed or a judicial finding of child abuse or neglect has been made on the issue and the appellant is requesting that the record of the report of child abuse or neglect be expunged, amended or removed;

4)         the request for the appeal was not received within 60 calendar days after the postmarked date of the notice that the report was indicated;

5)         the appeal has been withdrawn in writing;

6)         the appeal has been abandoned pursuant to Section 336.200; or

7)         the issue is not within the jurisdiction of the Administrative Hearings Unit as set forth in Section 336.60 of this Part.

b)         If the Chief Administrative Law Judge finds that the issue is not appealable under this Part but can be appropriately heard through another appeal process, in accordance with 89 Ill. Adm. Code 435 (Administrative Appeals and Hearings), the Department shall forward the appeal to the proper hearing authority and notify the appellant of this action.

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