Section 320.610  Convening an Informal Investigative Hearing

a)         The Department shall make an initial determination with respect to the legal and factual merits of a Request for Informal Investigative Hearing.  If the request presents a reasonable issue of law or fact, the Department may schedule an informal hearing before an Administrative Law Judge for purposes of obtaining evidence specific to the issue raised in the request and for which the hearing was granted.  At this hearing, all parties shall be afforded the opportunity to address the specific issue raised in the Request for Informal Investigative Hearing, including the Department's investigator who shall be afforded the opportunity to present the Department's investigative findings.

b)         A written notice of an informal investigative hearing shall be sent, not less than 10 calendar days prior to the date of the hearing, to the complainant and respondent, and may also be sent to those employees, former employees or witnesses covered by the investigation at issue.  Each notice shall identify the individual requested to attend and records or documents the party must produce at the hearing.

c)         If a request for an informal investigative hearing is denied, the Department will notify the party who filed the request of the Department's determination in writing.

(Source:  Amended at 34 Ill. Reg. 19552, effective December 3, 2010)