Section 681.720  Advisory Board

a)         Within 30 days after the conclusion of a hearing, the hearing officer shall provide a copy of the following to the Advisory Board:

1)         hearing transcript;

2)         hearing exhibits; and

3)         instructions on how the Advisory Board can file a recommendation, including the name and mailing address of the Docket Clerk and any person who must be sent a copy of the Advisory Board's recommendation.

b)         The Advisory Board may make a recommendation in writing on the basis of the hearing transcript whether a sanction is appropriate and, if a sanction is appropriate, the suspension or revocation period. 

c)         The rules of evidence specified in 35 Ill. Adm. Code 168.270 shall not apply to the Advisory Board's recommendation.

d)         The Advisory Board recommendation shall be submitted in writing to the Docket Clerk within 30 days after receipt of transcripts and shall include a statement of reasons for the Advisory Board's actions.

e)         If the Advisory Board makes a recommendation, the Advisory Board shall send a copy of the recommendation to the hearing officer, the Agency and the operator.

f)         The Agency may issue a decision without the Advisory Board's recommendation if the Advisory Board fails to submit its recommendation within 30 days after its receipt of the hearing transcript.

g)         The Advisory Board's recommendation is not binding on the Director.

h)         The Agency or the operator may file a response to the Advisory Board's recommendation within 15 days after the day the Advisory Board files its recommendation with the Docket Clerk.

(Source:  Amended at 41 Ill. Reg. 14182, effective November 13, 2017)