Section 337.180 The Administrative Law Judge

Section 337

Section 337.180  The

Administrative Law Judge

a)         Appointment of the Administrative Law Judge

The Administrator of the Administrative Hearings Unit shall

select and the Director shall appoint a trained, impartial administrative law

judge to conduct the fair hearing.  The administrative law judge:

1)         shall be an attorney licensed to practice law in the State of

Illinois;

2)         shall possess knowledge and information acquired through

training and/or experience relevant to the field of child and family welfare

law, including familiarity with Department rules, procedures and functions;

3)         shall not have been involved in the decision to take the

action being appealed or have rendered legal advice to the decision-maker on

the issue; and

4)         shall not have a personal or professional interest which

interferes with exercising objectivity or have any bias against the parties or

issues appealed.  An adverse ruling, in and of itself, shall not constitute

bias or conflict of interest.

b)         Functions of the Administrative Law Judge

The administrative law judge shall have all authority allowed

under the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,

par. 1001-1 et seq.).  This authority shall include, but is not limited to, the

following:

1)         prior to the hearing, conduct prehearing and preliminary

telephone conferences, if necessary, among the parties and/or their attorneys;

2)         conduct a fair and impartial hearing in which the strict rules

of evidence do not apply;

3)         provide for the recording of the hearing;

4)         take necessary steps to develop a full and fair record which

contains all relevant facts;

5)         inform participants of their individual rights and

responsibilities;

6)         administer an oath or an affirmation to all witnesses;

7)         quash or modify subpoenas for good cause, including but not

limited to, relevance, scope, materiality and emotional harm or trauma to the

subpoenaed w

ake necessary steps to develop a full and fair record which

contains all relevant facts;

5)         inform participants of their individual rights and

responsibilities;

6)         administer an oath or an affirmation to all witnesses;

7)         quash or modify subpoenas for good cause, including but not

limited to, relevance, scope, materiality and emotional harm or trauma to the

subpoenaed witness;

8)         conduct in-camera reviews with children when requested by a

child or a child's authorized representative.  For purposes of this Part, an

in-camera review means that the child may testify outside the presence of the

appellant, with only the administrative law judge, Department and appellant's

representative or attorney and court reporter, if applicable, present.  If the

appellant is unrepresented, the administrative law judge may continue the

hearing to give the appellant the opportunity to obtain representation for the

in-camera hearing;

9)         preserve all documents and evidence for the record;

10)       rule upon evidentiary issues and contested issues of law at the

hearing or take matters under advisement pending issuance of the written

opinion and recommendation;

11)       order the removal of any person from the hearing room who is

creating a disturbance whether by physical actions, profanity or otherwise

engaging in conduct which disrupts the hearing;

12)       identify the issues, consider all relevant facts, and receive

or request any additional information necessary to decide the matter in

dispute.  This may include, but is not limited to, the submission of briefs,

memoranda of law, and affidavits;

13)       order an examining physician's report, medical review team's

decision, or medical assessments, if the administrative law judge considers

them necessary and pertinent to the issue under appeal

nd receive

or request any additional information necessary to decide the matter in

dispute.  This may include, but is not limited to, the submission of briefs,

memoranda of law, and affidavits;

13)       order an examining physician's report, medical review team's

decision, or medical assessments, if the administrative law judge considers

them necessary and pertinent to the issue under appeal.  If the administrative

law judge deems this type of material necessary, the Department will pay for

the expense of obtaining this material;

14)       ensure that the appellant has full opportunity to present facts

and information supporting his or her position, in accordance with any rules of

evidence that may apply;

15)       issue a recommendation to the Director of the Department based

exclusively on the evidence presented at the hearing.  This recommendation

shall include a summary of the evidence, findings of facts, conclusions of law,

and a recommended decision.  This recommendation may also include

recommendations of actions that should be taken to implement the recommended

decision;

16)       explore the possibility of reaching an agreement regarding

services; and

17)       assist the parties in reaching an agreement on services.