Section 336.220  Final Administrative Decision

a)         Making the Final Administrative Decision

1)         The Director of the Department shall receive the Administrative Law Judge's recommended decision within 35 days after receipt of a timely and sufficient request for an expedited appeal, unless extended by action of the appellant or a stay pending a final judicial decision of a criminal or juvenile court proceeding based upon the same set of facts. Within the same 35 day time period, the Director shall receive and accept, reject, amend or return to the Administrative Hearings Unit for further proceedings the Administrative Law Judge's recommendation with respect to the expedited appeal. The Director's decision is the final administrative decision of the Department. If the decision requires corrective action by the Department, the Director shall insure compliance with the decision.

2)         The Director of the Department shall receive the Administrative Law Judge's recommended decision 90 days after receipt of a timely and sufficient request for an appeal, unless extended by action of the appellant or a stay pending a final judicial decision of a criminal or juvenile court proceeding based upon the same set of facts.  Within the same 90 day period, the Director shall receive and accept, reject, amend or return to the Administrative Hearings Unit for further proceedings the Administrative Law Judge's recommendation. The 90 day time period may be extended by the actions of the appellant. The Director's decision is the final administrative decision of the Department. If the decision requires corrective action by the Department, the Director shall appoint a Department staff person who shall be responsible for insuring compliance with the decision.

b)         Notice of the Availability of Judicial Review

The Department shall include a notice to appellants as part of the final administrative decision.  This notice shall include the name of the person responsible for compliance, if applicable, and shall advise the appellants that, under the provisions of the Administrative Review Law [735 ILCS 5/Art. III], they may seek judicial review of the Department's decision if it is unfavorable to them, within the statutory time frame.

c)         Who Receives Copies of the Final Administrative Decision

The appellant or authorized representative, the Department child protective investigation unit, the Department's representative, the Department's Office of Legal Services, the Administrative Law Judge, the Chief Administrative Law Judge, and the State Central Register shall receive a copy of the final administrative decision.

d)         Notifying Others of the Decision

1)         The following persons shall receive a notice of the final administrative decision from the State Central Register:

A)        the Illinois Department of Professional Regulation, district, regional and private school superintendents and the State Board of Education when they have been notified that an appeal has been filed in accordance with 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect), Section 300.140;

B)        administrators of child care facilities and Department licensing staff when the appellant is an employee of a child care facility; and

C)        supervisors or administrators notified in accordance with 89 Ill. Adm. Code 300.100(i).

2)         The following persons shall receive a notice of the final administrative decision, if the decision amends, expunges or removes any record made under Section 7.17 of the Abused and Neglected Child Reporting Act [325 ILCS 5/7.17]:

A)        parents or personal guardians of the child victims if they are  not the same as the appellant;

B)        the mandated reporter who originally made the report of child abuse or neglect;

C)        the juvenile court judge and guardian ad litem (when a State ward is involved).

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