Section 336.85  Expedited Administrative Appeals for Child Care Workers

a)         Child care workers who are the subject of a Department finding that an allegation of child abuse and/or neglect is indicated may request from the Department's Administrative Hearings Unit an expedited appeal. The written request for an appeal must specifically state that an expedited appeal is being requested.  The Department may request that an appellant requesting an expedited appeal provide documentation to confirm his or her status as a child care worker. Any time expended for the request, review and determination by the Chief ALJ as to the appellant's status as a child care worker shall not be attributed to the Department.

b)         Within seven calendar days after AHU's receipt of the request for an expedited appeal, the Department will set pre-hearing and hearing dates and send the appellant and his or her representative a notice by certified mail of the dates, along with a copy of the investigative file.

c)         The pre-hearing date will be set within 14 calendar days after receipt of the request for expedited appeal. The parties should be prepared to have the Department issue any subpoenas after the conclusion of the pre-hearing conference. 

d)         The hearing date will be set within seven calendar days after the pre-hearing conference and within 21 calendar days after receipt of the request for expedited appeal. The Department will set aside two consecutive days for the administrative hearing.

e)         If the appellant in an expedited appeal requests any extension of time that is in excess of seven calendar days, the appeal shall automatically be converted from an expedited appeal to a regular appeal under Section 336.80.

f)         The ALJ will provide the Director with a recommended decision within 7 calendar days after completion of the expedited appeal hearing. 

g)         The Director will issue a final administrative decision within seven calendar days after receipt of the ALJ's recommended decision and the Director's decision will be sent to the appellant and his or her representative by certified mail within 35 calendar days after the date on which the expedited appeal request was received.

(Source:  Amended at 41 Ill. Reg. 15260, effective December 6, 2017)