Section 338.130 The Administrative Law Judge

Section 338

Section 338.130  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 from the available pool to conduct the appeal hearing.  The

administrative law judge shall:

1)         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;

2)         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

3)         not have a personal or professional interest that 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 [5 ILCS 100]. This authority shall include, but is

not limited to, the following:

1)         conduct a fair, impartial and formal hearing in which the

strict rules of evidence do not apply;

2)         provide for the recording of the hearing;

3)         inform participants of their individual rights and their

responsibilities;

4)         conduct preliminary and pre-hearing telephone conferences, if

necessary, between the parties and/or their attorneys to provide information

about the procedural aspects of the hearing, narrow the issues and discuss

possible stipulations and contested points of law, in order to expedite the

actual hearing;

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

contains all relevant facts;

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

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

limited to, rele

cts of the hearing, narrow the issues and discuss

possible stipulations and contested points of law, in order to expedite the

actual hearing;

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

contains all relevant facts;

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)         preserve all documents and evidence for the record;

9)         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;

10)         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;

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

or request any additional information necessary to decide the matter in

dispute, including but not limited to the submission of briefs, memoranda of

law, affidavits or post hearing briefs; and

12)         present a written opinion and recommendation to the Director

within 30 calendar days after the record of the administrative hearing is

completed or transcript is received.  This report shall include a recommended

decision on whether the Department's decision to deny the appellant's application

for a foster home license was correct or incorrect based on information

considered at the hearing contained in the administrative record.  The opinion

shall contain findings of fact, conclusions of law and a recommendation.