Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS
Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS
Section 168.315 - Proposal for Decision
Universal Citation: 35 IL Admin Code ยง 168.315
Current through Register Vol. 48, No. 12, March 22, 2024
a) After the hearing is concluded, the Hearing Officer or 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 and made a part of the record;
2) The Agency's experience, technical
competence and specialized knowledge shall be utilized in the evaluation of the
evidence if presented during the course of the hearing and made part of the
record, and the Hearing Officer determines that such evidence is relevant,
however, it must be stated in the proposal for decision where in relation to
the evidence this has been used;
3)
Stipulations of fact; and
4)
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 of
fact;
5) Specific conclusions of
law 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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