Sec. 8.1. Hearing; findings and recommendations.

365 words·~2 min read·/il/chapter-225/act-440/8-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All hearings under this Act shall be conducted by an administrative law judge, appointed by the Secretary, who shall hear evidence relating to an application, a denial of a permit, a revocation of a permit, or other determinations by the Department as authorized in this Act. Within 30 days after the conclusion of the final hearing, the administrative law judge shall present to the Secretary a written proposal that contains findings of fact, conclusions of law, and recommendations for a final decision by the Secretary.

(b)A copy of the proposal shall be served upon the applicant or licensee by the Department in accordance with the notice provisions in rules adopted by the Department pursuant to Section 14.01. The applicant or licensee may present a response to the proposal to the Department no later than 30 calendar days after service. The Department shall have 30 days after the date of receipt of an applicant's or licensee's response to the proposal issued by the administrative law judge to submit a reply and serve the reply upon the applicant or licensee. Once 30 calendar days after service of a reply or the time limit provided for the Department to submit a reply has elapsed, the Secretary may enter a decision, supported by law and the record, and serve the decision upon the applicant or licensee and the Department. If the Secretary disagrees with the proposal of the administrative law judge, the Secretary may issue an order contrary to the proposal that includes specific findings of fact supported by the record.

(c)The Secretary shall issue an order on the proposed decision no later than 60 days after the submission of the decision by the administrative law judge. The time limits in this Section are mandatory and shall not be interpreted to be discretionary. The order of the Secretary is a final administrative decision within the Department's administrative appeals process. Once the Secretary issues an order pursuant to this Section, there is no further ability to appeal or a right for reconsideration within the Department.

(d)All substantive hearings under this Section are matters of public record and shall be preserved.