Section 3000.1126  Appointment of Hearing Officer


a)         The Chairman of the Board may appoint a Board member or an attorney admitted to the practice of law by, and in good standing with, the Illinois Supreme Court as an Administrative Law Judge to conduct a hearing in accordance with this Subpart. If designated, the Administrator may appoint an Administrative Law Judge to conduct a hearing in accordance with this Subpart.


b)         If the licensee believes the Administrative Law Judge is biased or has a conflict of interest, the licensee may file with the Board a motion to disqualify the Administrative Law Judge from conducting the hearing.  The motion must be in writing, accompanied by an affidavit signed and dated by the licensee setting forth the specific grounds for disqualification.  The licensee shall serve a copy of the motion on the Administrative Law Judge.  Prior adverse rulings against the licensee or its attorney in other matters shall not, in and of themselves, constitute grounds for disqualification.  On satisfactory evidence submitted by the licensee in support of the motion to disqualify, the Board shall remove the Administrative Law Judge and provide for the reassignment of the case to another Administrative Law Judge to continue the hearing.  Any Administrative Law Judge may voluntarily disqualify himself or herself upon determining that bias or conflict of interest exists.  Grounds for disqualification of an Administrative Law Judge shall include, but not be limited to:


1)         Financial interest or pecuniary benefit derived from the gaming industry;


2)         Personal friendship with any of the parties, witnesses or attorneys involved;


3)         Past representation of any of the parties or witnesses involved; and


4)         Demonstrable pre-disposition on the issues.


            If the motion to disqualify an Administrative Law Judge is denied, the Board shall set forth in writing the reasons for the denial and the Administrative Law Judge will proceed with the hearing.  The motion to disqualify the Administrative Law Judge and the reasons for the denial of the motion will be part of the administrative record in the appeal of a final administrative decision upon conclusion of the hearing.


(Source:  Amended at 22 Ill. Reg. 4390, effective February 20, 1998)