Section 383.125  What May Not Be Reviewed Through the Administrative Hearing Process

The Chief Administrative Law Judge shall decide whether an issue is appropriate for the administrative hearing process pursuant to this Part.  The following circumstances are not appropriate for the administrative hearing process under this Part:

a)         the Department has previously made a final administrative decision on the issue on appeal;

b)         the request for an administrative hearing is not related to a decision to revoke a license, refuse to renew a license, or refuse to issue a full license to the holder of a permit;

c)         a court has made a judicial decision on the issue sought to be reviewed through the administrative hearing process;

d)         denial of an initial license or a permit;

e)         a conflict related to the terms and conditions contained in a conditional license agreement;

f)         a conflict related to the terms and conditions contained in a corrective plan or protective plan;

g)         the licensee or permit holder has surrendered the license or permit;

h)         denial of a new license upon expiration of a conditional license; or

i)          the issue is reviewable under another administrative rule.

(Source:  Amended at 42 Ill. Reg. 8197, effective June 1, 2018)