Section 1800.790  Transmittal of Record and Recommendation to the Board

a)         The record shall consist of the following:

1)         The notice of proposed disciplinary action, the response and all motions and rulings on motions;

2)         All evidence received;

3)         A statement of matters officially noticed;

4)         Offers of proof, objections and rulings on those offers and objections; and

5)         The recommendation and any findings of fact and conclusions of law made by the Administrative Law Judge.

b)         Oral proceedings or any part of the oral proceedings involving contested issues shall be recorded stenographically or by such other means as to adequately insure the preservation of the testimony or oral proceedings and shall be transcribed on request of any party.  The transcript shall be paid for by the requesting party.

c)         Upon conclusion of the hearing, the Administrative Law Judge shall issue to the Board written findings of fact and conclusions of law and his/her recommendations.  Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

d)         Any party to the hearing may file exceptions to the recommendations of the Administrative Law Judge with the Board no later than 14 days after receipt of the recommended decision.  Exceptions shall specify each finding of fact and conclusion of law to which exception is taken.  There shall be no oral argument on exceptions.

e)         Final Board Order

1)         The Board shall review the entire record, including any exceptions filed, and shall render a written order including the bases for its decision.

2)         Copies of the final Board order shall be served on the licensee by e-mail pursuant to Section 1800.140, personal delivery, certified mail or overnight express mail to the licensee's last known address.

3)         A final Board order shall become effective upon transmission of the e-mail, personal delivery to a party, or posting by certified or overnight express mail to the party's last known address.

(Source:  Amended at 44 Ill. Reg. 16454, effective September 25, 2020)