Section 336.80 How to Request an Administrative Appeal Hearing/Sufficiency

Section 336

Section 336.80  How to

Request an Administrative Appeal Hearing/Sufficiency

After the Department has

indicated a report and issued a notice of the final finding determination and

the right to an administrative hearing, the perpetrator named in the

notification may appeal by filing a timely and sufficient written Request for

Appeal with the Administrative Hearings Unit (AHU). The request must be filed

in person, mailed, faxed or delivered by a third-party commercial carrier to

the AHU address or fax number within 60 days after the notification sent by the

State Central Register (SCR); however, the 60 days is tolled for those

exceptions in subsection (e). Upon receipt of a timely request for a regular

appeal, the Department shall send the appellant, prior to the scheduled

pre-hearing, a copy of the investigative file from which confidential

information has been deleted in accordance with 89 Ill. Adm. Code 431.

a)         For purposes of determining timeliness, an appeal shall be

deemed filed:

1)         as of the date of the postmark;

2)         as of the date of receipt by the AHU, if the appeal was filed

in person at the AHU office; or

3)         the date the appeal was received by electronic facsimile

transmission at the AHU office or the date of electronic filing (email), when

available.

b)         When the last day for the filing of an appeal falls upon a day

on which the AHU is not open for business, an appeal shall be deemed timely if

filed by the first regular business day thereafter.

c)         An appeal shall be deemed sufficient if it provides the

following information in legible form:

1)         name, address and phone number (if any) of the appellant and

the SCR number; and

2)         name, address and phone number of the appellant's

representative (if applicable)

open for business, an appeal shall be deemed timely if

filed by the first regular business day thereafter.

c)         An appeal shall be deemed sufficient if it provides the

following information in legible form:

1)         name, address and phone number (if any) of the appellant and

the SCR number; and

2)         name, address and phone number of the appellant's

representative (if applicable).

d)         In the event that the Chief Administrative Law Judge finds an

appeal to be timely but not sufficient (see subsection (c)), the appeal and a

request for the required missing information shall be returned to the appellant

within 5 days after receipt by the AHU. If the appellant re-files a sufficient

appeal within 5 days from the postmark of the date that appeal is returned, the

appeal shall be considered timely. The AHU shall not consider an appeal

actionable, and no time frames shall begin to run, until receipt of a

sufficient appeal.  If the appeal does not have a legible name or address, the

Chief ALJ may dismiss the appeal.

e)

The

60-day deadline for filing a request to amend the record or remove the record

of the report from the State Central Register

shall be tolled until

after the conclusion of any criminal court action in the circuit court or after

adjudication in any juvenile court action concerning the circumstances that

give rise to an indicated report.

[325 ILCS 5/7.16]

f)         If

the appellant requests an expedited hearing, and the Chief ALJ is unable to

determine if the appellant is a child care worker, the Chief ALJ shall request

that the appellant provide documentation to validate his or her child care

worker status as soon as is practicable, but not later than 5 days after

receiving the appellant's request. Any documentation requested by the Chief ALJ

should be provided by the appellant within 10 days after the request. If no

such documentation is provided, the appeal will be deemed non-expedited and

scheduled accordingly

he appellant provide documentation to validate his or her child care

worker status as soon as is practicable, but not later than 5 days after

receiving the appellant's request. Any documentation requested by the Chief ALJ

should be provided by the appellant within 10 days after the request. If no

such documentation is provided, the appeal will be deemed non-expedited and

scheduled accordingly. If the appellant makes a timely submission of the

requested documentation, the Chief ALJ shall make a written ruling on the child

care worker's status as promptly as possible, but no later than 5 days after

receiving the appellant's documentation.   A written notification of the Chief

ALJ's decision shall be sent to the appellant.  Any time expended for the

request, review and determination by the Chief ALJ as to the appellant's status

as a child care worker shall not be attributed to the Department.

g)         Appellants unable to file a written request for an appeal may

request and receive appropriate assistance from Department field office staff

to ensure that a proper written request for an appeal is made.