Section 730.110  Applicability

 

This Part shall apply to all Administrative Hearings conducted by the State Treasurer that are not specifically provided for under any other Section of the Illinois Administrative Code.

 

Section 730.120  Definitions

 

As used in this Part, unless the context otherwise requires:

 

"Administrative Hearing" or "Hearing" means the adjudicatory proceeding used to resolve a contested case.

 

"Complainant" means the Party who initiates the Administrative Hearing.

 

"Contested Case" has the meaning ascribed in Section 1-30 of the IAPA.

 

"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 Treasurer to preside over the Administrative Hearing proceedings.

 

"IAPA" means the Illinois Administrative Procedure Act [5 ILCS 100].

 

"Notice of Hearing" means a notice of an Administrative Hearing.

 

"Order" has the meaning ascribed in Section 1-50 of the IAPA.

 

"Party" has the meaning ascribed in Section 1-55 of the IAPA.

 

"Person" has the meaning ascribed in Section 1-60 of the IAPA.

 

"Petition for Hearing" means a request for an Administrative Hearing.

 

"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.

 

"Respondent" means any Party who answers/responds to a Notice of Charges, Petition for Hearing, or Motion.

 

"Treasurer" or "State Treasurer" means the duly elected Treasurer of the State of Illinois.

 

Section 730.130  Modification of Procedures

 

a)         The Hearing Officer may modify the procedures promulgated in this Part under the following circumstances:

 

1)         The Parties agree by written stipulation;

 

2)         Upon motion by a Party who cannot obtain agreement from other Parties; or

 

3)         Upon the Hearing Officer's own motion when he or she finds that compliance with the rule is unreasonable or unnecessarily burdensome in a particular instance.

 

b)         When a motion for modification is brought, the movant must show that compliance with the rule from which the modification or waiver is requested would, in that particular instance, be unreasonable or unnecessarily burdensome.

 

c)         When the Hearing Officer rules on a motion for modification, he or she shall set forth the reasons for his or her decision and shall notify the Parties within a reasonable time thereafter.

 

Section 730.140  Initiating an Administrative Hearing

 

a)         An Administrative Hearing is initiated by a Party serving a Petition for Hearing on the Treasurer, or by the Treasurer serving a Notice of Hearing on a Party. In either case, the service must be made within the required period of time specifically set forth in the Act.

 

b)         The Petition for Hearing/Notice of Hearing must be in writing and signed by the Complainant.

 

c)         The Petition for Hearing must contain the following information:

 

1)         The name of the Parties involved;

 

2)         The subject matter of the Administrative Hearing;

 

3)         The date; and

 

4)         A list of the Treasurer's findings and/or decisions that are being challenged, and the specific reasons why the Complainant asserts that the Treasurer's findings and/or decisions are incorrect.

 

d)         The Notice of Hearing must contain all information set forth in Section 730.190.

 

e)         The Petition for Hearing must be personally delivered, or mailed via certified mail, return receipt requested, with Proof of Service attached, to:

 

Illinois State Treasurer

Office of the General Counsel

219 State House

Springfield IL 62706

 

f)         The Notice of Hearing by the Treasurer must be personally delivered, or mailed via certified mail, return receipt requested, with Proof of Service attached, to the Party's last known address.

 

Section 730.150  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 Treasurer. 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 Treasurer 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 his or her representative. That signature constitutes a representation by the Party or the 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 purpose of delay or harassment.

 

c)         All documents submitted to the Treasurer after the Petition for Hearing shall be submitted in duplicate, together with a Proof of Service, unless other arrangements are agreed to between the Parties.  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.

 

d)         Except as provided in Section 730.140, documents may be sent by telefax or e-mail attachment if the receiving Party or his or her representative agrees. When a telefax or an unsigned e-mail communication is used, a hard copy shall also be sent by regular mail. The failure to send or receive a hard copy shall not negate or render invalid the contents of the original communication.  The date the telefax or e-mail attachment is sent shall be deemed the date notice is given.

 

Section 730.160  Service

 

a)         Service of all documents after a Petition for Hearing or Notice of Hearing has been initiated shall be made by personal delivery upon all Parties or by U.S. Mail, properly addressed, with postage prepaid, unless otherwise required in this Section. Proof of service must be attached to the original of any document served. The Parties may agree to service by telefax or e-mail attachment; however, if the Parties so agree, the proof of service shall contain a confirmation of receipt attached to the document faxed or e-mailed.

 

b)         Service on the Treasurer is made by serving the Office of the General Counsel, at the Springfield office address, unless otherwise designated by the Treasurer. Service on a Party other than the Treasurer shall be at its last known address, unless otherwise designated by the Party.

 

Section 730.170  Voluntary Dismissal or Withdrawal

 

Prior to the hearing, an unopposed motion to voluntarily dismiss or withdraw a Petition for Hearing/Notice of Hearing shall be granted, and the Hearing Officer shall issue an order dismissing the Petition for Hearing/Notice of Hearing and its underlying cause with prejudice. However, the Hearing Officer, within his or her 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.

 

Section 730.180  Waiver of Issues

 

Any issues that are not specifically, directly or implicitly addressed in the Petition for Hearing or Notice of Hearing will be waived in any Administrative Hearing.

 

Section 730.190  Notice of Hearing

 

Upon receipt by the Treasurer of a properly submitted Petition for Hearing, a Notice of Hearing shall be served, personally or by certified or registered mail, return receipt requested, by the Treasurer upon the Parties or their agents appointed to receive service of process. Whether in response to a Petition for Hearing or upon the Treasurer's action, a Notice of Hearing shall include the following:

 

a)         A statement of the date, time, place, and nature of the Administrative Hearing;

 

b)         A statement of the legal authority and jurisdiction under which the Administrative Hearing is to be held;

 

c)         A reference to the particular Sections of the substantive and procedural statute and program rules involved;

 

d)         If upon the Treasurer's action, a list of the Treasurer's charges against the Party;

 

e)         A short and plain statement of the matters asserted, the consequences of a failure to respond, and the assigned Hearing number; and

 

f)         The names and mailing addresses of the Hearing Officer, all Parties involved, and all other persons to whom the Treasurer gives Notice of Hearing, unless otherwise confidential by law. [5 ILCS 100/10-25]

 

Section 730.200  Requirement of an Answer

 

a)         In all contested cases initiated by either a Petition for Hearing or Notice of Hearing, the Respondent shall file an answer within 28 days after the date on which the Petition for Hearing/Notice of Hearing 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. 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.

 

b)         On motion by any Party, the Hearing Officer will issue a notice to plead or be held in default to any Respondent who has failed to answer or otherwise file a responsive pleading. If, within 15 days after issuance of that 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 by the Hearing Officer.

 

Section 730.210  Hearing Officer

 

a)         In any Administrative Hearing, the Treasurer shall appoint and/or retain an impartial person as a Hearing Officer to conduct the hearing. The Hearing Officer shall be an impartial attorney licensed to practice law in Illinois and of high integrity and good personal repute.  An attorney subject to disciplinary action in the past five years, or under current investigation by the Attorney Registration and Disciplinary Commission (ARDC), may not be a Hearing Officer.

 

b)         The Treasurer is not prohibited from selecting an employee of the Treasurer to act as the Hearing Officer provided that the employee meets the qualifications stated in subsection (a) and has not had any direct involvement with the case.  Mere familiarity with the facts shall not disqualify an otherwise qualified person from action as the Hearing Officer.

 

c)         The Hearing Officer shall conduct the hearing and, with respect to the Administrative Hearing, shall have, but is not limited to, the following powers:

 

1)         To administer, or to authorize a court reporter to administer, oaths;

 

2)         To examine witnesses;

 

3)         To authorize the issuance of subpoenas;

 

4)         To rule upon the admissibility of evidence;

 

5)         To grant specific extensions of time;

 

6)         To read into the hearing record any stipulations of fact and other matters agreed upon at the pre-hearing conference and to enter into the record any pre-hearing orders; and

 

7)         To render decisions and issue orders and clarifications.

 

Section 730.220  Hearing Officer Recusal

 

a)         If any Party has reason to believe the Hearing Officer has a personal bias or conflict of interest, that 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 conflict of interest of the Hearing Officer. If a Hearing Officer recuses himself or herself, the Treasurer shall appoint and/or retain another Hearing Officer.

 

b)         An adverse ruling, in and of itself, shall not constitute bias or conflict of interest. [5 ILCS 100/10-30(b)]

 

c)         The Hearing Officer may at any time voluntarily disqualify himself or herself upon written notice to the Treasurer.

 

Section 730.230  Ex Parte Communication

 

a)         Once appointed and/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(a)]  The Hearing Officer may impose and enforce sanctions against a Party who violates this Section.

 

b)         An ex parte communication received by the Hearing Officer shall be made a part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received. Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications under this Section. [5 ILCS 100/10-60(c) and (d)]

 

Section 730.240  Representation and Appearance

 

a)         Any Party may be represented by an attorney, provided that the attorney is licensed to practice law in Illinois or, with the permission of the Hearing Officer, by an attorney permitted to practice law in Illinois pro hac vice pursuant to Illinois Supreme Court Rules, including the required filing of a statement and payment of fees.

 

b)         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 ARDC number of the attorney upon whom service of documents 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 (or the statement required by attorneys appearing pro hac vice pursuant to Illinois Supreme Court Rules).

 

c)         A natural person who is a Party may appear and be heard on his or her own behalf. A Party may use an interpreter if necessary.

 

d)         A corporation or association may be represented by a corporate officer, provided that the officer is qualified to practice law in Illinois, as set forth in subsection (a).

 

e)         Only attorneys licensed to practice law in Illinois or appearing pro hac vice, as set forth in subsection (a), shall represent any other individuals or entities in an Administrative Hearing.

 

f)         All attorneys appearing in Administrative Hearing proceedings before the Hearing Officer shall conform their conduct to the Illinois Rules of Professional Conduct. 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)         Substitution of written argument for oral argument;

 

2)         Exclusion of the attorney from the proceeding; and

 

3)         Suspension or revocation of the attorney's right to appear before the Hearing Officer in that contested case.

 

g)         If the Hearing Officer takes any of the actions listed in subsection (f), it shall be done as a matter of record. The Hearing Officer shall state for the record the specific reasons for the action.

 

h)         Non-attorneys appearing in proceedings before the Treasurer shall be courteous and dignified and shall maintain the decorum of the Administrative Hearing.

 

i)          An attorney may withdraw his or her appearance and/or representation only upon motion and appropriate ruling by the Hearing Officer. However, substitution of attorneys is permitted without motion if notice is given to all Parties and to the Hearing Officer, the substitution will not delay the proceedings, and a statement to that effect is contained in the notice.

 

Section 730.250  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 Treasurer.

 

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 Respondent may respond instanter or may request leave to file a written response within the same time periods set forth in this subsection. If no response is filed nor orally presented, the responding Party's right to object will be deemed waived.

 

c)         The Hearing Officer may allow oral argument and is authorized to question either Party if the Hearing Officer deems it necessary for a fuller understanding of the issues presented. When facts that are not part of the record in the case are alleged in support of a motion, 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, within a reasonable time, upon all motions properly presented before him or her. All motions and corresponding orders shall be part of the administrative record. Any dispositive motion that disposes of all claims or all Parties in the action that is granted by the Hearing Officer shall be part of the administrative record and shall be treated as a final decision for purposes of appeal.

 

e)         Before granting any dispositive motion, the Hearing Officer may first afford the Party an opportunity to cure defects in pleading or proof. The ruling whether to afford that opportunity to cure defects shall be made part of the administrative record in accordance with Section 10-35 of the IAPA.

 

f)         Unless otherwise ordered, the filing of a motion or response shall not stay the proceeding nor extend the time for the performance of any act.

 

g)         In calculating the timelines specified in this Part, Section 1.11 of the Statute on Statutes [5 ILCS 70] shall apply. 

 

Section 730.260  Discovery

 

a)         Discovery shall only commence after a Petition for Hearing/Notice of Hearing has been initiated/filed, docketed and assigned a Hearing Number by the Treasurer. 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.

 

b)         The following discovery procedures shall be used upon service of a written request on the opposing Party:

 

1)         Interrogatories;

 

2)         Request for production of documents or things;

 

3)         Depositions; and

 

4)         Requests to Admit.

 

c)         The Hearing Officer may restrict discovery when necessary to prevent undue delay or harassment.

 

d)         Upon written request served on the opposing Party, any Party shall be entitled to the following, at a minimum:

 

1)         The name and address of all witnesses who may be called to testify at the Administrative Hearing;

 

2)         Copies of all documents that may be offered as evidence; and

 

3)         A description of any other evidence that may be offered.

 

e)         This minimum information shall be provided within 28 days after receipt of the discovery request, unless a longer or shorter period is agreed upon by the Parties or granted by the Hearing Officer.

 

f)         When a Party obtains or is in possession of exculpatory evidence, that Party must submit that evidence to the opposing Party immediately.

 

g)         A Party shall respond to any properly served written discovery requests. The responding Party is required to answer the discovery request within 28 days after receipt, unless a longer or shorter period is agreed upon by the Parties or granted by the Hearing Officer. If a Party fails to answer a request to admit within 28 days, the request to admit shall be deemed admitted against that Party.

 

h)         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.

 

i)          There shall be a continuing obligation upon the Parties 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.

 

Section 730.270  Prehearing Conference

 

a)         Upon motion by the Hearing Officer or any Party, the Hearing Officer may direct the Parties to attend a 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 Hearing, 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 simplification of the Administrative Hearing.

 

b)         Any agreements, understandings or conclusions made at a 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 the Hearing Officer and all Parties involved. The settlement agreement shall be memorialized by a report and the Hearing Officer shall enter an Order dismissing the case with prejudice.

 

Section 730.280  Hearings

 

a)         All Administrative Hearings shall be conducted at a location determined by the Treasurer, unless otherwise agreed to by the Parties and the 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)         Prehearing Conference.

 

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, he or she 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; and

 

F)         Final Decision.

 

Section 730.290  Postponement or Continuance of Hearing

 

Upon motion by a Party or decision of 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.

 

Section 730.300  Failure to Appear

 

Any Party failing to appear at a hearing, other than a preliminary hearing or prehearing conference, shall waive its right to present evidence. If the Hearing Officer determines that proper notice was given, he or she shall grant affirmative relief to the Party appearing or shall enter an Order dismissing the Petition for Hearing/Notice of Hearing with prejudice.

 

Section 730.310  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 or with the Treasurer in all cases initiated by the filing of a Notice of Hearing.

 

Section 730.320  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]

 

Section 730.330  Evidence

 

a)         Except as otherwise provided in this Section, the rules of evidence and privilege applicable to all contested Administrative Hearings 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 discretion in admitting or denying the admission of evidence.

 

d)         Hearsay is not admissible except when exceptions to the hearsay rule exist under Illinois law, or when a statement has circumstantial guarantees or trustworthiness, and if the probative value of the statement outweighs any prejudice resulting from an inability to cross-examine the declarant.

 

Section 730.340  Business Records

 

a)         The rules for admitting business records will be the same as those contained in the Illinois Supreme Court Rule R-236.

 

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.

 

Section 730.350  Examination of Witnesses by Hearing Officer

 

a)         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.

 

Section 730.360  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 be examined by that calling Party as if under cross-examination, and the testimony of the witness may be impeached by prior statements.

 

Section 730.370  Transcript of Hearing

 

a)         Oral proceedings or any part of oral proceedings shall be recorded stenographically or by other means that will adequately ensure the preservation of the testimony or oral proceedings, and shall be transcribed at the request of any Party. The Parties shall agree to the method of recording and shall share the costs equally.

 

b)         An official court reporter may be engaged by the Treasurer to make and transcribe a stenographic record of the hearing. The Treasurer will not provide copies of the transcript to the Parties, but the Parties may obtain copies from the official reporter upon payment of the appropriate costs.

 

Section 730.380  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/Notice of Hearing and any Answers);

 

2)         Motions, briefs, arguments, affidavits, exhibits, documents and records;

 

3)         All evidence received;

 

4)         All discovery responses;

 

5)         A 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; and

 

11)        Any communication prohibited by Section 10-60 of the IAPA or the rules concerning ex parte communications.

 

b)         Findings of fact shall be based exclusively on the evidence and on matters officially noticed. [5 ILCS 100/10-35]

 

c)         The record shall not contain the following, unless a Party requests that the documents be included in the record.

 

1)         Cover Letters;

 

2)         Notices of Filing;

 

3)         Proofs of Service of Regular Mail;

 

4)         Notices of Deposition; or

 

5)         Discovery Requests.

 

d)         The Treasurer shall be the official custodian of the administrative record of the Administrative Hearing proceedings held before the Treasurer.

 

Section 730.390  Proposal for Decision

 

Unless otherwise expressly provided by law, when, in a contested case, the Treasurer has not heard the case or read the record, the final decision, if adverse to a Party to the proceeding other than the Treasurer, 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. The proposal for decision shall contain a statement of the reasons for that proposal and of each issue of fact or law necessary to the proposed decision. It shall be prepared by the persons who conducted the hearing or one who has read the record. [5 ILCS 100/10-45]

 

Section 730.400  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. 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 its attorney of record.

 

b)         All Treasurer orders shall specify whether they are final and subject to the Administrative Review Law [735 ILCS 5/Art. III]. [5 ILCS 100/10-50]

 

c)         The final decision shall be issued in writing as soon as practicable after the Administrative Hearing is concluded, unless otherwise provided for by law.

 

d)         The final decision may require any Party to the proceeding to pay part or all of the costs of the Administrative Hearing, including, but not limited to: witness fees, court reporter fees, Hearing Officer fees, and the cost of the transcript.

 

Section 730.410  Administrative Review

 

a)         Final administrative decisions of the Treasurer are subject to review under the provisions of the Administrative Review Law.

 

b)         The Treasurer shall certify the record of its Administrative Hearing proceedings.

 

c)         In all cases in which administrative review is sought in the circuit court, the original certification of the administrative record will be filed by the Treasurer with the Clerk of the Circuit Court. Additional copies will also be prepared by the Treasurer and forwarded to the Illinois Attorney General. The Party seeking administrative review shall bear the cost of producing the original and copies of the certified record. The cost of the record may be waived when the Treasurer is satisfied that the Party seeking review under the Administrative Review Law cannot afford to pay those costs.