Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 510 - APPEALS AND HEARINGS
Section 510.90 - Impartial Hearing Officers
Current through Register Vol. 48, No. 12, March 22, 2024
a) A hearing must be heard by an individual randomly selected from the list of DHS-ORS approved Impartial Hearing Officers and designated by the Associate Director except:
b) If the grievant, or the parent, family member, guardian, advocate or duly authorized representative of the grievant, believes the Impartial Hearing Officer selected to conduct the hearing is biased against the grievant, or the parent, family member, guardian, advocate or duly authorized representative of the grievant, or has a conflict of interest, the grievant may make a written request to the Hearings Coordinator at least 5 working days prior to the hearing for removal of the individual thought to be biased or to have a conflict of interest and for assignment of another individual as the Impartial Hearing Officer. The request must be accompanied by an affidavit signed and dated by the grievant, or as appropriate, a parent, family member, guardian, advocate or duly authorized representative of the grievant, setting out specific facts upon which the claim of prejudice or conflict of interest is based.
c) When an affidavit, as described in subsection (b) above, is received, the DHS Hearings Coordinator shall assign another individual to serve as the Impartial Hearing Officer if it is determined by the DHS Hearings Coordinator and other appropriate staff that prejudice or conflict of interest exists.
d) The Impartial Hearing Officer has the power to: