Section 100.110  Applicability

 

These rules, in addition to Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10], shall apply to contested cases of final Board actions, including but not limited to suspensions of prequalification, when the Board determines that a hearing is required by law. 

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.111  Definitions

 

As used in this Part, the following terms shall be defined as follows:

 

"Act" means the Capital Development Board Act [20 ILCS 3105], unless otherwise specified.

 

"Administrative Law Judge" or "ALJ" means a person appointed to conduct procedures pursuant to Article 10 of the Illinois Administrative Procedure Act and this Part.

 

"Board" means the Capital Development Board and may include its office and staff.

 

"Board Member" means an individual member of the Capital Development Board, appointed by the Governor by and with the consent of the Senate.

 

"Complainant" means a person or business organization that petitions for an administrative hearing.

 

"Executive Director" means the Executive Director of the Capital Development Board.

 

"Suspension" means any action taken by the Board with respect to prequalification pursuant to 44 Ill. Adm. Code 950.200 and 980.300, and as authorized by Section 16 of the Capital Development Board Act [20 ILCS 3105/16] and Section 30-20 of the Illinois Procurement Code [30 ILCS 500/30-20].

 

(Source:  Added at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.113  Filing

 

Any documents that are required to be filed with the Board shall be addressed and mailed to, or hand delivered to, the Executive Director, Stratton Building, 3^rd Floor, 401 S. Spring St., Springfield, Illinois 62706.  Once an administrative law judge has been appointed, all such documents shall also be copied to the ALJ and sent by mail or hand delivery.

 

(Source:  Added at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.120  Petition for Hearing and Response

 

Petitions for hearing shall include a petition for specific relief sought and shall be submitted to the Executive Director in writing within 30 days after the final Board action at issue, and shall clearly state the Board action being complained of and the reasons for the complaint, and may include supporting documentation.  The Board will respond within 30 days after receipt and either grant or deny a hearing.  A hearing will be denied if the petition is not in compliance with this Section.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.130  Waiver

 

Compliance with any provisions of this Part may be waived or altered by agreement of all parties by written stipulation or a stipulation on the record taken by a court reporter.  The parties shall, to the greatest extent possible, exercise good faith efforts to agree to utilize informal procedures to promote speedy, economical resolution.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.140  Settlement

 

Issues may be resolved in whole or in part by settlement or stipulation among any or all parties at any time prior to, during, or following the hearing.

 

Section 100.150  Representation

 

Natural persons (including a natural person doing business as a sole proprietorship) may represent themselves or be represented by an attorney.  Other business organizations, including corporations and others required to be licensed or registered by the Illinois Secretary of State, shall be represented by an attorney.  Attorneys shall be licensed in Illinois and shall file a notice of appearance with the Executive Director or, if one has been appointed, with the ALJ.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.160  Administrative Law Judge

 

The Board shall appoint an administrative law judge as soon as possible after granting a petition for hearing.  The ALJ shall be an attorney licensed in Illinois who is not an employee of the Board, nor currently under contract with the Board, except as an ALJ in another case.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.170  Answer

 

Within 15 days after the appointment of the ALJ, the Board shall file an answer responsive to the Petition for Hearing.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.180  Conference

 

Within 10 days after receipt of the Board's answer to the petition for hearing, the ALJ shall send notice of a conference among all parties for the purpose of discussing the proceedings and promoting settlement.  Such conference shall be scheduled as soon as reasonably practical, and not less than 10 days after notice.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.190  Notice of Hearing

 

When the ALJ determines that further settlement efforts are not reasonably expected to be productive, he/she shall send the parties a notice of hearing by United States registered or certified mail, stating the date, time, and place the hearing will commence.  The hearing shall be set no sooner than 30 days after notice, nor more than 60 days after notice.  Hearings shall be held in the Board's Springfield office.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.200  Costs of Hearing

 

Fees and expenses of the ALJ and court reporter (or other method of recording) shall be shared equally among the Board and the complainants.  All shall pay the same amounts as they become due, regardless of the number of complainants involved.  If transcripts (or other types of copies) are desired, each party shall pay for its own.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.210  Disqualification of Administrative Law Judge

 

Any party may file a petition, with an affidavit alleging personal bias or conflict of interest of the ALJ, with the Executive Director.  The Executive Director may request additional evidence from any party or the ALJ.  The Executive Director shall disqualify the ALJ only upon presentation of sufficient credible evidence that it is more likely than not the allegations are true.  Rulings by the ALJ against the complainant shall not in themselves constitute sufficient evidence.  Within 10 days after disqualification, a new ALJ shall be appointed.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.220  Hearings

 

Hearings shall be conducted in a fair and orderly manner.  In general, the rules of evidence and privilege as applied in civil cases in the circuit courts of the State of Illinois shall apply.  However, neither the Board nor the ALJ shall be bound by the technical rules of evidence or civil procedure, and no informality in any proceeding or in the manner of taking testimony shall invalidate any order or decision rendered.  Official notice may be taken pursuant to Section 10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.230  Board Documents

 

Any relevant documents, including but not limited to books, correspondence, memoranda, and photographs, may be provided by the Board by a reproduced copy thereof and shall, without further proof, be admitted into evidence.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.240  Powers of the Administrative Law Judge

 

The appointed ALJ shall have the power to:

 

a)         Preside over hearings and other procedures.

 

b)         Reset hearings upon good cause shown.

 

c)         Grant or deny requests for discovery.

 

d)         Issue, or authorize issuance of, subpoenas to compel attendance of a witness at a hearing pursuant to 20 ILCS 3105/9.08b.

 

e)         Take evidence, hear testimony, and question parties and witnesses.

 

f)         Administer oaths and affirmations.

 

g)         Hear and decide motions.

 

h)         Grant reasonable time extensions.

 

j)          Take judicial notice pursuant to Section 10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.250  Burden of Proof

 

Documents filed by the Board pursuant to Section 100.230 of this Part, at least 15 days prior to hearing, shall constitute prima facie evidence, which may be rebutted by a complainant.  The burden shall be upon the complainant to prove by clear and convincing evidence that the Board's action complained of was an abuse of discretion.  CDB's determinations are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

 

(Source:  Amended at 22 Ill. Reg. 20022, effective November 9, 1998)

 

Section 100.260  Duties of the Administrative Law Judge

 

The ALJ shall:

 

a)         Regulate the course of the hearing.

 

b)         Record and keep all relevant documents as the official record, which shall be turned over to the Board at the conclusion of the proceedings.

 

c)         Exclude irrelevant, immaterial or unduly repetitious evidence.  However, admission of such evidence shall not preclude a finding that the evidence was irrelevant, immaterial or unduly repetitious.

 

d)         Deny or limit frivolous motions, discovery, or other methods reasonably interpreted to be for the purpose of causing delay or unnecessarily burdening other parties.

 

e)         Assess costs against any party for conduct addressed in subsections (b) and (c) of this Section.

 

f)         Utilize whatever methods are required to bring about the hearing at the earliest possible date.

 

g)         Deny requests to depose the Executive Director or Board Members unless the complainant presents sufficient credible evidence to show a reasonable person would believe that such person has relevant, material, first-hand knowledge that is not merely repetitious of knowledge possessed by others.

 

h)         Enter a default upon failure to appear with advance reasonable notice.

 

i)          Render a written proposal for decision containing findings of fact and conclusions of law, based on the evidence presented, to the parties within 30 days after the hearing.  This time shall be extended on motion and order of the ALJ as needed when necessitated by a large volume of evidence to be considered.

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.261  Petition for Reconsideration

 

Within 15 days after receipt of the ALJ's proposal for decision, any party may file a written request for reconsideration explaining in detail the perceived errors and reasons for those errors, and may include a brief.  The ALJ shall respond by filing a final recommendation with the parties and the Executive Director.

 

(Source:  Added at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.262  Transcripts

 

Any and all hearing testimony and communications at the hearing shall be stenographically recorded by a certified court reporter.  Upon request by any party or the ALJ, proceedings other than the hearing shall be similarly recorded.

 

(Source:  Added at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.270  Executive Director's Decision

 

Within 15 days after receipt of the ALJ's final recommendation, or, if no petition for reconsideration was filed, within 30 days after receipt of the ALJ's proposal for decision, the Executive Director shall issue a decision by United States registered or certified mail.  This decision shall be final and shall state that it is final and subject to the Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Amended at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.272  Record

 

Following submittal of the written recommendation, the ALJ shall forward the entire record of the case to the Executive Director.  The record shall include documents indicated in Section 10-35 of the Illinois Administrative Procedure Act [5 ILCS 100/10-35].

 

(Source:  Added at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.280  Petition for Reconsideration (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 765, effective January 1, 2005)

 

Section 100.290  Final Consideration (Repealed)

 

(Source:  Repealed at 29 Ill. Reg. 765, effective January 1, 2005)