Illinois Administrative Code
Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
Part 1700 - LOTTERY HEARINGS
Section 1700.10 - General Explanation of Procedure
Current through Register Vol. 48, No. 12, March 22, 2024
a) This Part shall apply to all Lottery hearings and subsequent reviews/appeals, except rulemaking hearings, conducted by the Department, the Board, or any Administrative Law Judge designated by the Board and appointed by the Director, under the authority of Section 7.3 of the Lottery Law.
b) Request for Hearing
c) Any party may, within 20 days after the date the notice of the proposed findings and recommendations is received by certified mail (or returned as undelivered or unclaimed) or email, file with the Secretary, in writing, a motion for review, with a copy to each party to the action. The party seeking the review shall then have 35 days from the date of the filing of the notice of the motion for review to file, with the Secretary, a brief as to the specific errors of the ALJ as set forth in subsection (d), with a copy to each party. All other parties may file responsive briefs with the Secretary within 35 days after receipt of written notice from the Secretary that the brief supporting the motion for review has been filed. The Secretary shall transmit, within 85 days after receipt of the motion for review, the record of the action, including all documents, evidence, and transcripts submitted to or taken from the hearing, along with the motion for review and the briefs submitted by the parties, to the Board. The Board shall review the record of the case and shall make recommendations to the Director within 90 days after the date of receipt of the record of the case.
d) The Board shall review the record, in its entirety, to determine that the findings of fact by the ALJ are not against the manifest weight of the evidence, the ALJ has applied the law and regulations correctly, and that the conduct and procedures of the hearing did not prejudice any party.
e) The recommendation of the Board to the Director shall be transmitted by the Secretary to the parties to the action. Any party has a right to make a final appeal to the Director. A party may note exceptions to the recommendations of the Board, along with supporting briefs, within 14 days after the receipt of notice of the recommendations of the Board. The Director shall have 30 days to review the record of the case and the Board's recommendation. The Director shall then enter an order either adopting or not adopting the ALJ's or Board's recommended decision of the matter. This order shall be served pursuant to Section 1700.80.
f) Any party adversely affected by a final decision or order of the Director may obtain judicial review as provided by the Administrative Review Law [735 ILCS 5/Art. III ]. The petition for review must be filed within 35 days after the receipt by certified mail or email of the order or decision for which judicial review is sought.