Section 3000.440  Transmittal of Record and Recommendation to the Board

a)         The record shall consist of the following:

1)         The Notice of Denial or Notice of Exclusion, the Request for Hearing and all motions and rulings thereon;

2)         All evidence received;

3)         A statement of matters officially noticed;

4)         Offers of proof, objections and rulings thereon;

5)         The recommendations and any findings of fact and conclusions of law made by the hearing officer.

b)         Oral proceedings or any part thereof involving contested issues shall be recorded stenographically or by such other means as to adequately insure the preservation of such 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 hearing officer shall issue to the Board written findings of fact and conclusions of law and his or 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 hearing officer 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 petitioner by personal delivery, certified mail or overnight express mail.

3)         A final Board order shall become effective upon personal delivery to a party or upon posting by certified or overnight express mail.

(Source:  Amended at 40 Ill. Reg. 12776, effective August 19, 2016)