Current through Register Vol. 48, No. 38, September 20, 2024
a) In
every contested case conducted before a hearing officer, the hearing officer
will file a written report that contains his or her Findings of Facts and
Conclusions of Law with respect to the allegations contained in the Complaint
or Petition for Hearing and his or her Recommendation to the
Comptroller.
b) In every contested
case conducted before the Comptroller, separate Findings of Fact and
Conclusions of Law shall be stated in a written report in support of the Order
of the Comptroller.
c) Decisions
and Orders
1)
A final decision or
order adverse to a party (other than the Office of the Comptroller)
in a contested case shall be in writing or stated in the record. A
final decision shall include Findings of Fact and Conclusions of Law,
separately stated. Findings of Fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the underlying facts
supporting the findings. If, in accordance with this subsection
(c)(1), a party submitted proposed Findings of Fact, the decision shall
include a ruling upon each proposed finding. Parties or their agents appointed
to receive service of process shall be notified either personally or by
registered or certified mail of any decision or order. Upon request, a copy of
the decision or order shall be delivered or mailed forthwith to each party and
to his or her attorney of record.
2)
All orders shall specify whether
they are final and subject to the Administrative Review Law [735 ILCS
5 /Art. III]. Every final order shall contain a list of all parties of
record to the case, including the name and address of the officer entering the
order and the addresses of each party, as known to the officer, where the
parties may be served with pleadings, notices, or service of process for any
review or further proceedings. Every final order shall also state whether the
rules of the Office of the Comptroller require any motion or
request for reconsideration and cite the rule for the requirement.
[5 ILCS
100/10-50]
d) The record in a contested case shall
include the following:
1)
All
pleadings (including all notices and responses to pleadings), motions, and
rulings.
2)
All
evidence received.
3)
A statement of matters officially noticed.
4)
Any offers of proof, objections,
and rulings on offers of proof and objections.
5)
Any proposed findings and
exceptions.
6)
Any
decision, opinion, or report by the hearing officer.
7)
All memoranda or data submitted to
the hearing officer in connection with the hearing officer's consideration of
the case that are inconsistent with Section
310.170(d)
.
8)
Any
communication prohibited by Section
310.170(d)
. No such communication shall form the basis for any finding of
fact.
e)
Oral proceedings or any part of those proceedings shall be recorded
stenographically or by other means that will adequately insure the preservation
of the testimony or oral proceedings and shall be transcribed on the request of
any party.
f)
Findings of Fact shall be based exclusively on the evidence and on
matters officially noticed. [5 ILCS
100/10-35]
