Current through Register Vol. 48, No. 38, September 20, 2024
a) In any
proceeding under this Subpart, the Department/other entity may appoint any
attorney, with a valid license to practice law in the State of Illinois, to
serve as the ALJ.
b) The ALJ is to
have high integrity, good personal repute, and sufficient knowledge of the
procedures and subject matter at issue.
c) The ALJ shall not have:
1) been involved in the decision to take the
action being appealed;
2) rendered
legal advice to the decision-maker on the issue;
3) a personal or professional interest that
interferes with exercising objectivity; or
4) any bias against the parties or issues
appealed.
d) At any time
before or at the hearing, a party may file a motion to disqualify the ALJ for
bias or conflict of interest, which may include prejudice or financial or
personal interest in the outcome of the case. An adverse ruling made by an ALJ
or the ALJ's employment or contract as an ALJ with the State, in and of itself,
is not evidence of bias or conflict of interests and is not grounds for
disqualification. The motion will set forth the alleged grounds of bias or
conflict of interest and will include an affidavit setting forth specific facts
upon which the claim of bias or conflict of interest is based and other
supporting evidence, if applicable. The Department/other entity may decline to
disqualify the ALJ or appoint another ALJ to hear the case.
e) An ALJ may recuse himself or herself from
presiding over a matter due to a conflict of interest or bias. Any recusal will
be made part of the record.
f) An
ALJ is to maintain and protect the confidentiality of the APS record (see
Sections 4(c) and 8 of the Act and Section 270.418 of this Subpart).
g) The ALJ has the authority to:
1) Conduct a fair, impartial and formal
hearing following the applicable evidentiary standards;
2) Control the conduct of the hearing to
prevent irrelevant or immaterial discussion and take all necessary actions to
avoid delay;
3) Inform participants
of their individual rights and responsibilities;
4) Conduct pre-hearing conferences;
5) Take necessary steps to ensure the
development of a clear and complete record, preserve all documents and evidence
for the record, and provide for the recording of the hearing;
6) Administer an oath or affirmation to all
witnesses, permit examination of any witness under oath, examine any of the
witnesses at any time or request additional information from either party, set
reasonable limits on the scope of testimony or argument, and determine the
order of appearance of all parties;
7) Issue subpoenas requested prior to the
hearing;
8) Rule upon all motions,
objections, and other matters arising in the course of the hearing;
9) Receive all evidence and testimony and
rule on its admissibility, as well as mandate the production of any relevant
document, witness or other evidence the ALJ deems material or relevant to any
issue, including but not limited to additional testimony, documents, exhibits,
briefs, memoranda of law, or post hearing briefs;
10) Mandate cooperation by all parties and
maintain order and decorum, which the ALJ may accomplish by ordering the
removal of any person from the hearing who is creating a disturbance that
disrupts the hearing, whether by physical actions, profanity or conduct;
and
11) Enter such orders as are
just to address any violation of the ALJ's rulings or this Subpart, including,
among others, the following:
A) That further
proceedings be stayed until the order or rules are complied with;
B) That the offending party be barred from
filing any other pleadings relating to any issue to which the refusal or
failure relates;
C) That the
offending party be barred from maintaining any particular claim or defense
relating to that issue;
D) That a
witness be barred from testifying concerning that issue;
E) That, as to claims or defenses asserted in
any pleading to which that issue is material, an order of default be entered
against the offending party or that the pleading be dismissed without
prejudice; or
F) That any portion
of the offending party's pleadings relating to that issue be stricken and, if
thereby made appropriate, judgment be entered on the issue.
