# 89 Ill. Adm. Code 337.180: Section 337.180 The Administrative Law Judge

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_180

## Section

- **Citation:** 89 Ill. Adm. Code 337.180
- **Heading:** Section 337.180 The Administrative Law Judge
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES / Part 337 SERVICE APPEAL PROCESS / Section 337.180 The Administrative Law Judge

## Text

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.

## Nearby sections

- [89 Ill. Adm. Code 337.10 Section 337.10  Purpose](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_10.md)
- [89 Ill. Adm. Code 337.30 Section 337.30  The Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_30.md)
- [89 Ill. Adm. Code 337.40 Section 337.40  Department and Provider Agency Responsibilities on Appealable Issues](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_40.md)
- [89 Ill. Adm. Code 337.50 Section 337.50  The Right to a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_50.md)
- [89 Ill. Adm. Code 337.60 Section 337.60  Who May Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_60.md)
- [89 Ill. Adm. Code 337.70 Section 337.70  What May Be Appealed](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_70.md)
- [89 Ill. Adm. Code 337.80 Section 337.80  What May Not Be Appealed](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_80.md)
- [89 Ill. Adm. Code 337.90 Section 337.90  Notices of Department or Provider Agency Decisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_90.md)
- [89 Ill. Adm. Code 337.100 Section 337.100  How to Request a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_100.md)
- [89 Ill. Adm. Code 337.110 Section 337.110  Grounds for Dismissal of a Service Appeal Request](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_110.md)
- [89 Ill. Adm. Code 337.120 Section 337.120  Time Frames for the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_120.md)
- [89 Ill. Adm. Code 337.130 Section 337.130  Continuing Services During the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_130.md)
- [89 Ill. Adm. Code 337.140 Section 337.140  Confidentiality During the Service Appeal Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_140.md)
- [89 Ill. Adm. Code 337.150 Section 337.150  Notice Concerning a Service Appeal](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_150.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P337_S337_180. Check the current official text before relying on it. Not legal advice.