Section 1200.10  Introduction

 

The general hearing procedures provide direction for the conduct of review relating to contested case hearings and other contested issues in which the Department may be involved and for which the Department has not adopted more particularized rules.  This Part is not intended to and does not create or expand any person's or entity's due process rights that do not otherwise exist.

 

Section 1200.20  Definitions

 

"Department" means the Department of State Police.

 

"Director" means the Director of State Police or the Director's designee.

 

Section 1200.30  Review Procedures

 

a)         An individual who contests a Department action, or contemplated action, for which there is a right to appeal may petition for relief by providing written notice of this intention to the Department.

 

b)         Upon receiving a petition for relief, the Department shall investigate the circumstances surrounding the action; and if the Director is satisfied that substantial justice has not been done, the Director may grant relief.  In the event the Director desires additional information concerning the circumstances of the action, the Director may schedule a fact-finding conference with the petitioner or otherwise further investigate.

 

c)         At a fact-finding conference, the petitioner may be represented by counsel or any other person and may present any evidence or information relating to the Department's action.

 

d)         The Director may provide relief as a result of a fact-finding conference or as the result of further investigation.

 

e)         If the Director does not provide relief as a result of the investigation or a fact-finding conference, the petitioner may petition for a hearing.

 

f)         The administrative law judge for contested hearings shall be the Director or an attorney licensed to practice law in Illinois appointed by the Director.  The administrative law judge may be disqualified for bias or conflict of interest.

 

g)         The procedures for the hearing shall be as described in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and as ordered by the administrative law judge.