Section 1110.80  Negotiations and Agreed Dispositions

a)         The Division and the Respondent or Petitioner may stipulate to facts and that stipulation may be used or otherwise admitted at the hearing.

b)         The Division and the Respondent or Petitioner may enter into a written agreement providing for disciplinary or nondisciplinary action against the Respondent or the granting or restoration of a license as a settlement and disposition of the complaint or petition.  The written agreement may also be signed by a Board member from the relevant Board.  The written agreement shall be considered the Findings of Fact, Conclusions of Law, and Recommendation to the Director.  If the Director approves the written agreement, it shall be entered in the same manner as any other Order of the Director and shall constitute a final decision.  If the Director rejects the written agreement, the Respondent or Petitioner shall then be entitled to a hearing on the merits.  It shall not be a bar to participation in the hearing by a Board member that he or she has previously considered a proposed agreement under this Section.  A proposed written agreement not accepted by all parties or rejected by the Director shall be deemed confidential as an unsuccessful attempt to settle and shall not be referenced or included in any future pleading or proceeding.

c)         Participation in an informal conference shall not be a basis to exclude Board members from deliberating with the full Board on an Administrative Law Judge's Report and Recommendation in a contested matter.

d)         Statements made during informal conferences are confidential, including proposed dispositions and shall not be used or admitted in any proceeding regarding the allegations.

(Source:  Amended at 43 Ill. Reg. 9969, effective September 13, 2019)