Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS
Subpart B - CONTESTED CASE PERMIT HEARINGS
Section 166.290 - Proposal for Decision

Universal Citation: 35 IL Admin Code ยง 166.290

Current through Register Vol. 48, No. 38, September 20, 2024

a) After the hearing is concluded, the Hearing Officer or when the Hearing Officer is incapacitated or otherwise unable to prepare a proposal for decision a designated Agency employee who has read the record shall file with the Director or the Director's designee and serve upon the parties a proposal for decision based exclusively on:

1) Evidence and arguments presented during the course of the hearing or otherwise made a part of the record;

2) Stipulations of fact; and

3) Matters officially noticed.

b) The Proposal for Decision shall be final in form and dispositive of all issues in the case.

c) The Proposal for Decision shall contain:

1) A short statement of the nature of the proceedings;

2) Complete references to the specific statutes or regulations at issue;

3) A list of exhibits admitted in evidence;

4) Specific findings on each issue of fact necessary to the proposed decision;

5) Specific conclusions on each issue of law necessary to the proposed decision based upon the findings of fact and applicable constitutional principles, statutes, and rules or regulations;

6) An appropriate recommendation for the disposition of the entire contested case including a statement of reasons based upon the findings of fact and conclusions of law;

7) No substantive finding of fact or conclusion of law nor any recommendation in the proposal for decision shall be binding upon the Director.

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