TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.20 APPLICABILITY
Section 2605.20
Applicability
a) This Part shall apply to all Administrative Hearings conducted
by the Illinois Department of Commerce and Economic Opportunity that are not
specifically provided for under any other Section of the Civil Administrative
Code of Illinois or other Program Rules.
b) In the event of any conflict between the provisions of this
Part and any rules promulgated under the authority of the Grant Accountability
and Transparency Act (GATA) [30 ILCS 708], the GATA rules will apply.
c) Nothing in this Part shall limit the ability of the Department
to enter into an intergovernmental agreement with another State agency
providing for the services of a Hearing Officer.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.40 DEFINITIONS
Section 2605.40 Definitions
"IAPA"
means the Illinois Administrative Procedure Act [5 ILCS 100].
"Administrative
Hearing" or "Hearing" means the adjudicatory proceeding used to
resolve a contested case.
"Agency"
shall have the meaning ascribed to it in Section 1-20 of the IAPA.
"Agency
Head" shall have the meaning ascribed to it in Section 1-25 of the IAPA.
"Business
Day" means all days except Saturday and Sunday, and all weekdays that are
not national and/or State legal holidays.
"Complainant"
means the party who initiates the Administrative Hearing.
"Contested
Case" shall have the meaning ascribed to it in Section 1-30 of the IAPA.
"Department"
means the Illinois Department of Commerce and Economic Opportunity.
"Development
Assistance Agreement" shall have the meaning ascribed to it in Section
715-5 of the Corporate Accountability for Tax Expenditures Act [20 ILCS 715].
"Director"
means the Director of the Department or duly appointed Acting Director, or in the
Director's or Acting Director's absence from the State, or in any event of the
Director's or Acting Director's incapacity to act, the next immediate
subordinate officer within the Department.
"Hearing
Number" means the case number assigned to the Petition for Hearing or the
Notice of Charges by the Department for the Administrative Hearing proceedings.
"Hearing
Officer" means the Administrative Law Judge as defined in Section 1-15 of
the IAPA, and is the person appointed or retained by the Department to preside
over the Administrative Hearing proceedings.
"Municipality"
shall have the meaning ascribed to it in Section 1-45 of the IAPA.
"Notice
of Charges" means a complaint filed by the Department initiating an
Administrative Hearing proceeding against a Recipient under this Part.
"Order"
shall have the meaning ascribed to it in Section 1-50 of the IAPA.
"Party"
shall have the meaning ascribed to it in Section 1-55 of the IAPA.
"Person"
shall have the meaning ascribed to it in Section 1-60 of the IAPA.
"Petition
for Hearing" means a request for an Administrative Hearing.
"Program
Rule" means any of the rules adopted by the Department and codified within
the Illinois Administrative Code or any programmatic requirement established by
a federal agency that is a source of funding for the program.
"Proof of
Service" means evidence submitted specifying the date, method, and person
who served a document on another party. All Proofs of Service must be signed
by the server.
"Proposal
for Decision" means the report issued by the Hearing Officer pursuant to
Section 2605.400.
"Recipient"
means anyone that has received direct financial assistance from the Department
pursuant to a Statute or Program Rule or who is a party to a Development
Assistance Agreement with the Department.
"Respondent"
means any party who answers/responds to a Notice of Charges, Petition for
Hearing, or Motion.
"State Agency"
means any State office, officer, division, or part thereof, and any other
office, nonelective officer, department, division, bureau, board, or commission
in the executive branch of State government, under the authority of the
Governor of Illinois.
"Statute"
means a formal written enactment of a legislative body, whether federal or
State.
"Statutory
Authority" means the authority given to the Department by a Statute either
directly or as delegated by agreement with another unit of government.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.50 MODIFICATIONS
Section 2605.50
Modifications
The Hearing Officer may modify this Part upon the written stipulation of
the parties.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.60 WHAT MAY BE REVIEWED IN AN ADMINISTRATIVE HEARING
Section 2605.60 What May Be
Reviewed in an Administrative Hearing
Subject to Section 2605.70, any
finding or decision of the Department may be reviewed in an Administrative
Hearing when a Statute or Program Rule provides for it.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.70 WHAT MAY NOT BE REVIEWED IN AN ADMINISTRATIVE HEARING
Section 2605.70 What May Not
Be Reviewed in an Administrative Hearing
The following may not be
reviewed in an Administrative Hearing, unless otherwise permitted by a Statute
or Program Rule:
a) Rulemaking as set forth in Sections 5-35, 5-40, 5-45, and 5-50
of the IAPA;
b) Instances in which a party has waived its right to an
Administrative Hearing;
c) Issues involving unfair labor practices or discrimination in
employment;
d) The Department's decision to deny an application for financial
assistance, or to fund at a lower level than requested; or
e) A declaratory ruling as provided for in Section 5-150 of the
IAPA [5 ILCS 100].
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.80 PROCEDURE FOR INITIATING AN ADMINISTRATIVE HEARING
Section 2605.80 Procedure
for Initiating an Administrative Hearing
a) An Administrative Hearing is initiated by an individual or
entity with standing to seek such an Administrative Hearing serving a Petition
for Hearing on the Department, or by the Department serving a Notice of Charges
on a party. In either case, the service must be made within the required period
of time specifically set forth by a Statute or Program Rule.
b) The Petition for Hearing and the Notice of Charges must be in
clear and legible writing and signed by the person initiating the
Administrative Hearing.
c) The Petition for Hearing and the Notice of Charges must
contain the following information:
1) The name and contact information of the parties involved;
2) The subject matter of the Administrative Hearing;
3) The date;
4) A list of the Department findings or decisions that are being
challenged, the specific reasons why the Petitioner asserts that the Department's
findings or decisions are incorrect, and the specific relief sought (in the
case of a Petition for Hearing); and
5) A list of the Department's charges against the party (in the
case of a Notice of Charges).
d) The Petition for Hearing must be personally delivered, or
mailed via certified mail, return receipt requested, with Proof of Service
attached, to:
Office of the
General Counsel
Illinois
Department of Commerce and Economic Opportunity
100 West
Randolph Street, Suite 3-400
Chicago,
Illinois 60601.
e) The Notice of Charges must be personally delivered, or mailed
via certified mail, return receipt requested, with Proof of Service attached,
to the party's last known address or to the party's registered agent for
service of process at the address registered with the Illinois Secretary of
State.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.90 DEPARTMENT HOURS
Section 2605.90 Department
Hours
The Department's hours are from
8:30 a.m. to 5:00 p.m., Monday through Friday, except for national and/or State
legal holidays.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.100 COMPUTING TIME LIMITS
Section 2605.100 Computing
Time Limits
a) Computation of any period of time prescribed by this Part
shall begin with the first business day following the day on which the act,
event, or development initiating that period of time occurs, and shall run
until the end of the last day or the next following business day, if the last
day is a Saturday, Sunday, or legal holiday. When the period of time is 10
days or less, Saturdays, Sundays, and legal holidays shall be excluded in the
computation of time.
b) Notice requirements shall be construed to mean notice
received. However, proof that notice was dispatched by means reasonably
calculated to be received by the prescribed date shall be prima facie proof
that notice was timely filed. Petitions, evidence, motions, notices, and all
other correspondence sent by U.S. mail will be considered as filed with the
Department on the date postmarked. When the parties have agreed in writing to
notice by electronic mail or through an electronic filing system, notice will
be considered having been received on the date of transmission of the filing or
other communication.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.110 FORM OF DOCUMENTS
Section 2605.110 Form of
Documents
a) All documents submitted pursuant to an Administrative Hearing
shall be typewritten, on 8½ by 11 inch white paper. The first page of each
document shall set forth the names of the parties and the Hearing Number
assigned to the case by the Department. A Petition for Hearing that is filed
before a Hearing Number is assigned shall contain a space for entry of the
assigned Hearing Number.
b) All documents submitted to the Department that require
verification shall be signed by the party filing them. All other documents
submitted by the party shall be signed by the party or its representative. That
signature constitutes a representation by the party or its representative that
the party or representative has read the documents and that, to the best of the
party's or representative's knowledge, information, and belief, the statements
made in the documents are true, and are not made for purposes of delay or
harassment.
c) All documents submitted to the Department after the Petition
for Hearing shall be submitted in duplicate, together with a Proof of Service,
unless submitted electronically or other arrangements are agreed to among the
parties.
d) Any party submitting or filing a document in the
administrative proceedings must also simultaneously send a copy to the opposing
party and the Hearing Officer at their designated addresses.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.120 SERVICE
Section 2605.120 Service
a) Service of all documents after a Petition for Hearing or
Notice of Charges has been initiated shall be made by personal delivery upon
all parties, or U.S. mail, properly addressed, with postage prepaid, unless
otherwise required in this Part. Proof of Service must be attached to the
original of any document served. The parties may agree to service by facsimile
or electronic mail. To the extent the parties agree to service by electronic
mail, a party has the option of designating up to two secondary electronic mail
addresses at which that party consents to accept service. If any secondary
electronic mail address is designated, the Department must serve the documents
on both the designated and all secondary addresses.
b) Service on the Department is made by serving the Office of the
General Counsel, at the Chicago office address, unless otherwise designated by
the Department.
c) Service on a party shall be at its last known address, unless
otherwise designated by the party.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.130 AMENDMENT, VOLUNTARY DISMISSAL OR WITHDRAWAL OF A PETITION FOR HEARING OR NOTICE OF CHARGES
Section 2605.130 Amendment, Voluntary
Dismissal or Withdrawal of a Petition for Hearing or Notice of Charges
a) A Notice of Charges may be amended at any time. An amended
Notice of Charges may be filed in the same manner as a Notice of Charges, or it
may be presented to the Hearing Officer during the course of a Hearing. A
continuance shall be granted whenever the amendment materially alters the
Notice of Charges, and when the Respondent demonstrates that additional time is
necessary to properly prepare an answer or otherwise prepare the Respondent's
case.
b) Prior to Hearing, an unopposed motion to voluntarily dismiss
or withdraw a Petition for Hearing or Notice of Charges shall be granted, and
the Hearing Officer shall issue an order dismissing the Petition for Hearing or
Notice of Charges, and its underlying cause with or without prejudice.
However, the Hearing Officer, within the Hearing Officer's discretion, may hear
and decide a motion that has been filed prior to a motion to voluntarily
dismiss or withdraw when that prior filed motion could result in a final
disposition of the cause. After a Hearing begins or when a motion to
voluntarily dismiss or withdraw is challenged, the Hearing Officer shall
exercise discretion in allowing the motion when the voluntary dismissal or
withdrawal would serve the interests of justice.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.140 FAILURE TO PROPERLY INITIATE AN ADMINISTRATIVE HEARING
Section 2605.140 Failure to
Properly Initiate an Administrative Hearing
The Department may move to
dismiss any Petition for Hearing that does not comply with this Part. The Hearing
Officer shall state the basis upon which any Petition for Hearing is rejected
and shall grant the party 28 days to amend the Petition. Upon the second
failure to properly initiate an Administrative Hearing, the Hearing Officer
shall state the basis upon which the Petition for Hearing is rejected and the
Petition shall be dismissed with prejudice. The dismissal is a Final Decision
pursuant to Section 2605.410 for purposes of appeal.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.150 WAIVER OF ISSUES
Section 2605.150 Waiver of
Issues
Any issues that are not
specifically, directly or implicitly addressed in the Petition for Hearing will
be irrevocably waived in any Administrative Hearing conducted by the
Department.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.160 SANCTIONS
Section 2605.160 Sanctions
Upon motion, any document that
is submitted and subsequently determined by the Hearing Officer to be without
basis, untrue, or made for the purpose of delay or harassment shall subject the
party submitting it to sanctions, including, but not limited to, the following:
a) Dismissal of the Petition for Hearing or Notice of Charges
with prejudice; and
b) Denial of the party's motion.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.170 NOTICE OF HEARING
Section 2605.170 Notice of
Hearing
a) After receipt by the Department of a properly submitted
Petition for Hearing, or in conjunction with a Notice of Charges, a Notice of
Hearing shall be served, personally or by certified or registered mail,
return receipt requested, by the Department upon the parties or their agents
appointed to receive service of process, and shall include the following:
1) A statement of the date, time, place, and nature of the
Administrative Hearing;
2) A statement of the legal authority and jurisdiction under
which the Administrative Hearing is to be held;
3) A reference to the particular Sections of the substantive
and procedural Statute and Program Rules involved;
4) A short and plain statement of the matters asserted, the
consequences of a failure to respond, and the assigned Hearing Number; and
5) The names and mailing addresses of the Hearing Officer, all
parties involved, and all other persons to whom the Department gives Notice of
Hearing, unless otherwise confidential by law. [5 ILCS 100/10-25]
b) Any contention that an improper Notice of Hearing was given
will be deemed waived unless it is raised by a party prior to argument on any
other motion, or, if no other motions are presented, prior to the commencement
of opening statements.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.180 REQUIREMENT OF AN ANSWER
Section 2605.180 Requirement
of an Answer
a) In all contested cases initiated by a Notice of Charges, the
Respondent shall file an answer within 28 days after the date on which the
Notice of Charges was served. The answer shall be in writing, signed by the
Respondent and shall contain a specific response to each allegation. The answer
shall either admit or deny the allegation, or shall state that the Respondent
has insufficient information to either admit or deny the allegation.
b) Any answer that states that the Respondent has insufficient
information to admit or deny the allegation shall be accompanied by an
affidavit of the Respondent attesting to the truth of this assertion.
c) On motion by any party, the Hearing Officer will issue a
notice to plead or be held in default to the Respondent who has failed to submit
an answer that conforms to this Section. If, within 15 days after issuance of the
notice, the Respondent does not answer or otherwise file a responsive pleading,
the Respondent will be held in default and a default Order may be entered.
d) In cases initiated by a Petition for Hearing, the Hearing
Officer may order the Department to submit an answer stating the Department's
position on any facts or issues raised in the Petition for Hearing.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.190 CONSOLIDATION AND SEVERANCE OF PARTIES AND CASES
Section 2605.190
Consolidation and Severance of Parties and Cases
In the interest of efficient
disposition of the Administrative Hearing and upon motion of any party or sua
sponte, the Hearing Officer may consolidate or sever any parties or cases. A
party may contest the Hearing Officer's decision by filing a motion, as provided
in this Part, setting forth specific reasons why the party will be unduly
prejudiced by the consolidation or severance.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.200 HEARING OFFICER
Section 2605.200 Hearing
Officer
In any Administrative Hearing,
the Department Director or Director's designee shall appoint or retain an
impartial or independent person as a Hearing Officer to conduct the
Administrative Hearing. The Hearing Officer shall meet the following standards
and qualifications:
a) be licensed to practice law in the State of Illinois;
b) be impartial. It shall not be a bar
to acting as Hearing Officer that the attorney is also an employee of another State
agency or a Department employee, so long as the Department employee has not had
any direct involvement with the case. Mere familiarity with the facts shall not
disqualify an otherwise qualified person from acting as the Hearing Officer;
and
c) be familiar with the rules of evidence applied in the circuit
courts of Illinois and with the IAPA and rules promulgated under the IAPA.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.210 HEARING OFFICER DUTIES
Section 2605.210 Hearing
Officer Duties
a) The Hearing Officer shall:
1) Conduct a fair and impartial Administrative Hearing; and
2) Take all necessary action to avoid delay, maintain order, and
insure development of a clear and complete record.
b) The Hearing Officer shall have all powers necessary to conduct
the Administrative Hearing as provided in this Part, including but not limited
to the power to:
1) Administer oaths and affirmations;
2) Regulate the course of the Administrative Hearing; set the
time and place for continued Hearings; fix the time for submitting documents;
provide for the taking of testimony by deposition, if necessary and agreed to
by the parties; and generally conduct the proceedings according to generally
recognized principles of administrative law and this Part;
3) Dispose of procedural requests or similar matters;
4) Examine witnesses and direct witnesses to testify; limit the
number of times any witness may testify; limit repetitious or cumulative
testimony; and set reasonable limits on the amount of time each witness may
testify;
5) Rule upon offers of proof; receive relevant evidence; and
determine what evidence is admissible;
6) Direct parties to appear and confer for the settlement or
simplification of issues and to otherwise conduct prehearing conferences;
7) Make rulings on motions and objections;
8) Consider all relevant facts and circumstances;
9) Enter any order that further carries out the purpose of this
Part;
10) Compile a record of the proceedings in compliance with IAPA
Section 10-35; and
11) Submit a Proposal for Decision, containing Findings of Fact,
Conclusions of Law, and a proposed Final Decision of the Director, to the
parties at the conclusion of the Administrative Hearing.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.220 RECUSAL OF HEARING OFFICER
Section 2605.220 Recusal of
Hearing Officer
a) Any party may file a timely and sufficient motion, supported
by affidavit, requesting that the Hearing Officer recuse himself or herself from
hearing the case. The affidavit shall set forth allegations of personal bias or
prejudice of the Hearing Officer. If a new Hearing Officer is necessary, the Director
or Director's designee shall appoint and/or retain another Hearing Officer.
b) An adverse ruling in and of itself shall not constitute a
bias or conflict of interest. [5 ILCS 100/10-30]
c) The Hearing Officer may, at any time, voluntarily disqualify
himself or herself upon written notice to the Department.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.230 EX PARTE COMMUNICATION
Section 2605.230 Ex Parte
Communication
a) Once appointed or retained, the Hearing Officer shall not
communicate directly or indirectly with any party or any person interested
in the outcome of the proceeding, with respect to the merits of any case not
concluded, except upon notice and opportunity for all parties to
participate. [5 ILCS 100/10-60]
b) The Hearing Officer may impose and enforce sanctions,
including those sanctions set forth in Section 2605.160, against a party who
violates this Section.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.240 REPRESENTATION AND APPEARANCE
Section 2605.240
Representation and Appearance
a) Only attorneys licensed to practice law in Illinois may
represent any other individuals or entities in an Administrative Hearing
proceeding before the Department. Any party may be represented by an attorney,
provided that the attorney is licensed to practice law in Illinois or by an
attorney who is permitted to practice law in Illinois under Article VII of the
Illinois Supreme Court Rules. Attorneys who appear in a representative
capacity must file a written Notice of Appearance setting forth the following:
1) The name, address, telephone number, and Attorney Registration
and Disciplinary Commission (ARDC) number of the attorney upon whom service of
papers may be made;
2) The name and address of the party represented; and
3) An affirmative statement indicating that the attorney is
licensed to practice law in Illinois.
b) A natural person, who is a party, may appear and be heard on that
person's own behalf. A party may use an interpreter if necessary.
c) A corporation or association may be represented by a corporate
officer provided that officer is qualified to practice law in Illinois, as set
forth in subsection (a), and upon presentation to the Department of a duly
executed resolution of the board of directors authorizing the officer to act in
a representative capacity and setting forth the powers the officer is
authorized to exercise.
d) A partnership may be represented by a general partner provided
that general partner is qualified to practice law in Illinois, as set forth in
subsection (a), upon presentation to the Department
of written authorization from all the partners authorizing the general partner
to act in a representative capacity.
e) All attorneys appearing in Administrative Hearing proceedings
before the Hearing Officer shall conform their conduct to the Illinois Rules of
Professional Conduct (Article VIII of the Illinois Supreme Court Rules). In
the event that an attorney's behavior substantially impairs the administration
of the Administrative Hearing, the Hearing Officer may take the following
actions in a progressive manner:
1) Limitation of evidence;
2) Substitution of written argument for oral argument;
3) Exclusion of the attorney from the proceeding;
4) Suspension or revocation of the attorney's right to appear
before the Hearing Officer in that contested case.
f) If the Hearing Officer takes any of the actions listed in
subsection (e), it shall be done as a matter of record, and the Hearing Officer
shall state for the record the specific reasons for the action.
g) Non-attorneys appearing in proceedings before the Department
shall be courteous and dignified and shall maintain the decorum of the
tribunal.
h) An attorney may withdraw an appearance or representation only
upon motion and appropriate ruling by the Hearing Officer. However,
substitution of attorneys is permitted without motion, provided notice is given
to all parties and to the Hearing Officer, as long as the substitution will not
delay the proceedings, and a statement to that effect is contained in the
notice.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.250 INTERVENORS (REPEALED)
Section 2605.250 Intervenors
(Repealed)
(Source: Repealed at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.260 MOTIONS
Section 2605.260 Motions
a) Motions, unless made during a Hearing, shall be in writing,
shall specify the relief and/or order sought, and shall be served on all
parties and filed with the Department. Motions are limited to the following:
1) To request dismissal of a Petition for Hearing or a Notice of
Charges for failure to comply with Section 2605.80 or failure to state a claim
upon which relief can be granted.
2) To request sanctions in accordance with Section 2605.240 or
2605.270.
3) To request dismissal of a Petition for
Hearing when the Petitioner's case has been concluded without sufficient
evidence having been presented to form the basis for a recommendation that the
Department reverse its findings, determinations, or conclusions.
4) To request dismissal of a Notice of Charges when the
Department's case has been concluded without sufficient evidence having been
presented to form a basis for the relief requested by the Department.
5) To request a continuance, or extension of time to comply with
any provision of this Part.
6) To
request an order granting a rehearing or additional Hearings.
7) To request an order
that the Hearing Officer reconsider the Proposal for Decision.
8) To request that the Director or Hearing Officer
deem a failure to file an answer conforming to Section 2605.180 to be an
admission of the truth of the allegations contained in the Petition for Hearing
or Notice of Charges.
9) To request recusal of the Hearing Officer in
accordance with Section 2605.220.
10) To request that the Hearing Officer issue an order requiring a
party to appear at any case management Hearing, prehearing conference, or
formal Hearing, or to be held in default.
11) To request that an order be vacated or modified.
12) To request a case management or prehearing conference.
13) To request consolidation or severance of cases in accordance
with Section 2605.190.
14) To request summary judgment if the pleadings and any evidence
on file, together with any supporting affidavits, shows that there is no
genuine issue of any material fact and that the moving party is entitled to a
judgment as a matter of law.
15) To request that certain evidence or witnesses be excluded from
a Hearing.
16) To request that certain evidence be stricken from the record.
b) When any motion is filed, the opposing party has 28 days, or
such other period as the Hearing Officer may prescribe, to file a written
response setting forth the arguments, authorities relied upon, and affidavits
or other supporting evidence. The moving party shall have 14 days, or such
other period as the Hearing Officer may prescribe, to file a written reply.
When any oral motion is presented during a Hearing, the opposing party may
respond at that Hearing or request leave to file a written response within the
same time periods as set forth in this Section. If no response is filed or
orally presented, the opposing party's right to object will be deemed waived.
Any dispositive motion that disposes of all claims or all parties in the action
that is granted shall be part of the Administrative Record and shall be treated
as a Final Decision pursuant to Section 2605.410 for purposes of appeal.
c) The Hearing Officer may allow oral argument, if it is deemed
necessary for a fuller understanding of the issues presented, and is authorized
to question either party. When facts are alleged in support of a motion that
are not a part of the record in the case, an affidavit shall be attached to the
motion setting forth those facts. A written motion shall be disposed of by
written order and notice to all parties.
d) The Hearing Officer shall rule upon all motions properly
presented within a reasonable time. All motions and corresponding orders shall
be part of the Administrative Record.
e) Unless otherwise ordered, the filing of a motion or response
shall not stay the proceeding or extend the time for the performance of any
act.
f) Before granting any dispositive motion, the Hearing Officer
may first afford the party an opportunity to cure defects in pleading or proof,
and the ruling shall be made part of the Administrative Record in accordance
with Section 10-35 of the IAPA.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.270 DISCOVERY
Section 2605.270 Discovery
a) Discovery shall only commence after a preliminary Hearing.
Discovery shall not be the subject of motions presented to the Hearing Officer,
except when a motion is made alleging failure to comply with this Section and
requesting relief in the form of limitation of evidence, dismissal of the case,
or a recommendation to the Director based on the pleadings without a Hearing.
The Hearing Officer, upon finding that a party has not complied with this
Section, may issue an order providing for the foregoing remedies.
b) Upon written request served on the opposing party, a party is
entitled to:
1) The name and business address of any witness who may be called
to testify at the Administrative Hearing and a description of the expected
subject matter of the potential witness' testimony;
2) Copies of any document that may be offered as evidence at the
Administrative Hearing; and
3) A description of any other evidence that may be offered at the
Administrative Hearing.
c) A Recipient, at any time after a preliminary Hearing and upon
written request, will be required to produce documents,
books, records or other evidence that relates to the financial assistance
provided by the Department, including any records required to be maintained or
produced pursuant to an agreement with the Department.
d) The items set forth in subsections (b) and (c) shall be
provided within 28 days after service of a request, unless a longer or shorter
period is agreed upon by the parties or ordered by the Hearing Officer.
e) The Hearing Officer may restrict discovery when necessary to
prevent undue delay or harassment.
f) When a party obtains or is in possession of exculpatory
evidence, that party must turn over that evidence to the opposing party within
28 days following the preliminary Hearing or, if discovered after the preliminary
Hearing, within 15 days after its discovery and prior to a formal Hearing.
Exculpatory evidence is any evidence that tends to support the party's position
or to call into question the credibility of a witness.
g) A party shall respond to any written discovery requests that
were properly served. Nothing in this Section shall prevent the parties in a
contested case from agreeing to a mutual exchange of information that is more
extensive than what is provided for in this Section. When the parties agree to
the use of an evidence deposition, that agreement shall be in writing and shall
operate as a waiver of any objection not made during the deposition, except for
an objection that the testimony of the witness is not relevant to the case.
h) The parties have a continuing obligation to tender new information
as it becomes available, as well as a continuing obligation to supplement any
disclosures or responses to discovery requests to include information acquired
after original submission.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.280 CASE MANAGEMENT AND PREHEARING CONFERENCES
Section 2605.280 Case
Management and Prehearing Conferences
a) Upon motion by the Hearing Officer or any party, the Hearing
Officer may direct the parties to attend a case management conference or
prehearing conference at a mutually convenient time and place prior to the
Administrative Hearing date for the purpose of:
1) Simplifying the issues;
2) Limiting the issues;
3) Amending the Petition for Hearing or Notice of Charges, if
necessary;
4) Stipulating to facts and/or admissions;
5) Limiting the number of witnesses or evidence;
6) Mutually exchanging prepared testimony and exhibits; and
7) Any other matters that aid in the timely resolution or simplification
of the Administrative Hearing.
b) Any agreements, understandings, or conclusions made at a case
management conference or prehearing conference shall be in the form of a prehearing
order signed by the Hearing Officer and all parties or representatives involved
in the Administrative Hearing, and shall become a part of the Administrative
Record.
c) Unless otherwise precluded by law, any case may be disposed of
by stipulation, agreed settlement, consent order, or default. Any settlement
must be signed by all parties involved. The settlement agreement shall be
memorialized by an Order dismissing the case with prejudice. To the extent a
settlement agreement requires approval by a federal agency or the Illinois
Attorney General, as determined by the Department, the Hearing Officer may
enter an Order dismissing the case with prejudice conditioned on receipt of all
necessary external approvals.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.290 HEARINGS
Section 2605.290 Hearings
a) All Hearings shall be conducted by the Department at one of
its locations as determined by the Department, unless otherwise agreed to by
the parties and the Hearing Officer. The parties may stipulate to conducting
case management Hearings, prehearings, or formal Hearings by telephone, video
conference, or other means acceptable to the parties and Hearing Officer.
b) The sequence to be followed for all Administrative Hearings is
as follows:
1) Preliminary Hearing – The purpose is to set a date on which
all parties expect to be prepared and to rule on any preliminary motions that
are presented. This may be eliminated by agreement of the parties and/or
ordered by the Hearing Officer.
2) Case Management and Prehearing Conferences – The purposes of
the conferences are set out in Section 2605.280.
3) Hearings –
A) Preliminary Matters – Motions; attempts to narrow issues or
limit evidence.
B) Opening Statements – The party bearing the burden of proof
proceeds first.
C) Case in Chief – Evidence and witnesses are presented by the
party bearing the burden of proof. After a witness' testimony is completed, the
witness is subject to cross-examination.
D) Defense – Evidence and witnesses may be presented by the
opposing party.
E) Closing Statements – The party bearing the burden of proof
proceeds first, then the opposing party, then a final reply by the party
bearing the burden of proof. The Hearing Officer may request the parties to
submit closing statements in writing.
F) Final Decision – Described in Section 2605.410.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.300 POSTPONEMENT OR CONTINUANCE OF HEARING
Section 2605.300
Postponement or Continuance of Hearing
Upon motion by a party or the
Hearing Officer, a hearing may be postponed or continued for just cause.
Written notice of any postponement or continuance shall be given to all parties
within a reasonable time in advance of the previously scheduled hearing date.
All parties shall attempt to avoid unnecessary and repetitive postponements or
continuances so that the administrative proceedings may be resolved
expeditiously.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.310 FAILURE TO APPEAR
Section 2605.310 Failure to
Appear
Any party failing to appear at a
Hearing shall waive its right to present evidence. If the Hearing Officer
determines that proper notice was given, the Hearing Officer shall grant
affirmative relief to the party appearing or enter an order dismissing the
Petition for Hearing or Notice of Charges, with prejudice. A party fails to
appear if the party does not appear at the time, date, and place designated for
the Hearing; a party fails or refuses to proceed with the Hearing; or a party
failed to notify the Department of a change of address, and a notice of the Hearing,
sent to the party's last known address, was returned as "undeliverable",
"unclaimed", "refused", "moved", or "no
forwarding address" or any other type of returned mail, via postal or
electronic method.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.320 BURDEN OF PROOF
Section 2605.320 Burden of
Proof
The burden of proof, which
includes both the burden of production and the burden of persuasion, rests with
the Petitioner in all cases initiated by the filing of a Petition for Hearing,
and with the Department in all cases initiated by the filing of a Notice of
Charges.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.330 STANDARD OF PROOF
Section 2605.330 Standard of
Proof
Unless otherwise provided by
law, the standard of proof for an Administrative Hearing under this Part shall
be the preponderance of the evidence. [5 ILCS 100/10-15]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.340 EVIDENCE
Section 2605.340 Evidence
a) Except as otherwise provided in this Section, the rules of
evidence and privilege applicable to all contested cases will be the rules of
evidence that are applied in civil cases in the circuit courts of the
State of Illinois. In addition, the Hearing Officer may receive material, relevant
evidence that would be relied upon by a reasonably prudent person in the
conduct of serious affairs [5 ILCS 100/10-40] that is reasonably reliable
and reasonably necessary to a resolution of the issue for which it is offered.
b) The Hearing Officer shall exclude immaterial, irrelevant, and
repetitious evidence.
c) The Hearing Officer shall use his or her discretion in
admitting or denying the admission of evidence.
d) Hearsay is not admissible except when:
1) exceptions to the hearsay rule that exist in Illinois are
applicable or a statement has circumstantial guarantees of trustworthiness; and
2) if the probative value of the statement outweighs any
prejudice resulting from an inability to cross-examine the declarant.
e) Statements that are Not Hearsay:
1) Prior Statement by Witness. The declarant testifies at the
Hearing and is subject to cross-examination concerning the statement, and the
statement is:
A) Inconsistent with his or her testimony that was given under
oath subject to the penalty of perjury at a trial, Hearing, deposition, or
other proceeding; or
B) Consistent with his or her testimony and is offered to rebut an
express or implied charge against him or her of recent fabrication or improper
influence or motive; or
C) One of identification of a person made after perceiving him or
her.
2) Admission by Opposing Party. The statement is offered against
a party and is:
A) The party's own statement in either his or her individual or a
representative capacity;
B) A statement of which the party has manifested his or her adoption
or belief in its truth;
C) A statement by a person authorized by the party to make a
statement concerning the subject;
D) A statement by the party's agent or servant concerning a matter
within the scope of the party's agency or employment, made during the existence
of the relationship; or
E) A statement by a coconspirator of a party during the course and
in furtherance of the conspiracy.
f) Official notice may be taken of
all facts of which judicial notice may be taken and of other facts, of a
technical nature, within the specialized knowledge and experience of the
Department.
g) A party may object to
evidentiary offers. Objections shall be noted in the record.
h) The parties may, by
stipulation, agree upon any facts involved in the proceeding. The facts
stipulated must be considered evidence in the proceeding.
i) The Hearing Officer may direct the parties to protect the
disclosure of trade secret or other confidential information protected by
Statute prior to its admission. The Hearing Officer may require the information
to be revealed or redacted in a specific way.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.350 BUSINESS RECORDS
Section 2605.350 Business
Records
a) The rules admitting business records will be the same as those
contained in Rule 236 of the Illinois Supreme Court Rules.
b) Any party seeking to admit documents other than the originals
may do so, provided the party certifies that the copy is a true and correct
copy of the original. The party need not show that the original is
unavailable.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.360 WITNESS TESTIMONY
Section 2605.360 Witness
Testimony
a) The Hearing Officer may exercise reasonable control over the
form of examination and order of witnesses so as to make the examination
effective for gathering the facts, avoiding delay, and protecting witnesses
from harassment or undue embarrassment. The Hearing Officer may limit the examination
of witnesses to prevent cumulative or irrelevant evidence. The Hearing Officer
may examine any witness.
b) A party may object to specific questions asked by the Hearing
Officer, but it shall not be objectionable that a question violates a technical
rule of evidence. For purposes of this Section, the rule against hearsay is a
substantive, rather than a technical, rule of evidence.
c) Before testifying, a witness shall declare, by oath or
affirmation and under penalty of perjury, that he or she will testify
truthfully.
d) In the interests of justice, at the request of a party, or on
the Hearing Officer's own motion, the Hearing Officer may order witnesses excluded
so that they cannot hear the testimony of other witnesses. The Hearing Officer
may direct that all excluded and non-excluded witnesses be kept separate until
called and may prevent them from communicating with one another until they have
been examined or the Hearing is ended.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.370 ADVERSE WITNESS
Section 2605.370 Adverse
Witness
a) Any party or witness may be called as an adverse witness.
Examination of the adverse witness shall be allowed as if under
cross-examination.
b) A witness called in good faith whose testimony surprises the
party who called the witness may examine that party as if under
cross-examination, and the testimony of the witness may be impeached by prior
statements.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.380 RECORD OF HEARING
Section 2605.380 Record of
Hearing
A record of the Hearing may be
made by audio recording or by a transcription by an official court reporter
engaged by the Department. The Department will not provide copies of a
transcript to the parties, but the parties may obtain copies from the official
reporter upon payment of the appropriate costs.
(Source:
Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.390 ADMINISTRATIVE RECORD
Section 2605.390
Administrative Record
a) A full and complete record shall be kept of all proceedings.
The record shall consist of the following:
1) All pleadings (including, but not limited to, the
Petition for Hearing or Notice of Charges and any answers);
2) Motions, briefs, arguments, affidavits, exhibits, documents,
and records;
3) All evidence received;
4) All discovery responses;
5) A recording or transcript of the Hearing, as well as any
transcript of any proceeding applicable for appeal or for administrative
review;
6) A statement of matters officially noticed;
7) Offers of proof, objections, and rulings;
8) Any proposed findings and exceptions;
9) Any order, decision, opinion, or report by the
Hearing Officer;
10) All staff memoranda or data submitted to the Hearing
Officer of the case;
11) Any communication prohibited by Section 10-60 of the
IAPA or Section 2605.230 of this Part.
b) Oral proceedings or any part thereof shall be recorded
stenographically or by other means that will adequately insure the preservation
of the testimony or oral proceedings and shall be transcribed at the request of
any party. Case management conferences that do not involve oral argument
may be memorialized by written order of the Hearing Officer.
c) Findings of Fact shall be based exclusively on the evidence
and on matters officially noticed. [5 ILCS 100/10-35]
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.400 PROPOSAL FOR DECISION
Section 2605.400 Proposal
for Decision
Except where otherwise
expressly provided by law, when in a contested case a majority of the officials
of the Department who are to render the Final Decision has not heard the case
or read the record, the Final Decision, if adverse to a party to the proceeding
other than the Department, shall not be made until a Proposal for Decision is
served upon the parties and an opportunity is afforded to each party adversely
affected to file exceptions and to present a brief, and if the Department so
permits, oral argument to the Department officials who are to render the Final
Decision. The Proposal for Decision shall contain a statement of the reasons
therefor and of each issue of fact or law necessary to the proposed decision
and shall be prepared by the persons who conducted the Hearing or one who has
read the record. [5 ILCS 100/10-45]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.410 FINAL DECISION
Section 2605.410 Final
Decision
a) The Final Decision in a contested case shall be in writing and
shall become a part of the Administrative Record. A Final Decision shall
include Findings of Fact and Conclusions of Law, separately stated. Findings
of Fact, if set forth in statutory language, shall be accompanied by a concise
and explicit statement of the underlying facts supporting the findings. If, in
accordance with this Part, a party submitted a post-hearing motion for
reconsideration, the Final Decision shall include a ruling upon the motion for
reconsideration. Parties or their agents appointed to receive service of
process shall be notified either personally or by certified or registered mail,
return receipt requested, of any decision. Upon request, a copy of the
decision shall be delivered or mailed forthwith to each party and to his or her
attorney of record.
b) All Department orders shall specify whether they are final
and subject to the Administrative Review Law. [5 ILCS 100/10-50]
c) The Final Decision shall be issued in writing as soon as
practicable after the Hearing is concluded, unless otherwise provided for by
Statute and/or Program Rule.
d) A Final Decision in a matter initiated by a Recipient is a
"final recovery order" for the purposes of Section 8 of the Grant
Funds Recovery Act.
e) To the extent permitted by Statute or agreement between the
parties, the Final Decision may require any party to the proceeding to pay part
or all of the costs of the Hearing, including but not limited to: witness fees,
court reporter fees, Hearing Officer fees, and the cost of the transcript.
(Source: Amended at 43 Ill. Reg. 4056, effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.420 ADMINISTRATIVE REVIEW
Section 2605.420
Administrative Review
Final administrative decisions
of the Department are subject to review under the provisions of the
Administrative Review Law [735 ILCS 5/Art. III].
(Source: Amended at 43 Ill. Reg. 4056,
effective March 19, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
PART 2605
ADMINISTRATIVE HEARING RULES
SECTION 2605.430 SEVERABILITY
Section 2605.430 Severability
If any Section, subdivision, sentence, or clause of this Part
is held by a court of competent jurisdiction to be invalid, that holding shall
not affect the remaining provisions of this Part.
(Source: Added at 43 Ill. Reg. 4056,
effective March 19, 2019)
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