Section 383.140 The Role of the Chief Administrative Law Judge

Section 383.140  The Role of the Chief Administrative Law

Judge

a)         The

Chief Administrative Law Judge may grant a request for an administrative

hearing when:

1)         the

original written request for an administrative hearing was received by the

Chief Administrative Law Judge within 10 days after the postmark of the notice

of intent issued per Section 383.85.  The date of request for an administrative

hearing is the postmark on the appellant's request for an administrative

hearing; and

2)         the

issue is within the jurisdiction of this Part as set forth in Section 383.120.

b)         The

Chief Administrative Law Judge may dismiss a request for an administrative

hearing for the following reasons:

1)         the appeal

request is not reviewable because the Department has not provided written

notice to the licensee or permit holder of intent to revoke a license, refuse

to renew a license or refuse to issue a full license to a permit holder, as

provided in Section 383.85;

2)         the

request for administrative hearing was not submitted to the Chief

Administrative Law Judge in writing within the time frame set out in Section

383.85;

3)         the

appellant has withdrawn the request for an administrative hearing in writing;

or

4)         the

appellant has abandoned his or her request for an administrative hearing.

Grounds for abandonment include:

A)        failure

by the appellant or the appellant's authorized representative, without good

cause, to appear at a hearing or pre-hearing conference;

B)        surrender

of the license or permit after requesting an administrative hearing; or

C)        failure

by the appellant to notify the Chief Administrative Law Judge of a change of

address and a notice of the administrative hearing, sent to the appellant's

last known address, was returned as "undeliverable",

"unclaimed", "refused", "moved" or "no

forwarding address"

hearing conference;

B)        surrender

of the license or permit after requesting an administrative hearing; or

C)        failure

by the appellant to notify the Chief Administrative Law Judge of a change of

address and a notice of the administrative hearing, sent to the appellant's

last known address, was returned as "undeliverable",

"unclaimed", "refused", "moved" or "no

forwarding address".

c)         A

party seeking to vacate an order of abandonment shall file a motion within 14

days after notice of the entry of an order of abandonment or default, showing

good cause why the party failed to appear or participate.

d)         The

Chief Administrative Law Judge shall provide written notice of the decision to

grant or deny the request for an administrative hearing within 30 days after

receipt of the request for an administrative hearing.  If the Chief

Administrative Law Judge finds that the issue is not reviewable under this

Subpart but can be appropriately heard through another appeal process, in

accordance with 89 Ill. Adm. Code 435 (Administrative Appeals and Hearings),

the Department shall forward the request to the proper hearing authority and

notify the appellant of this action.

e)         If a

request for an administrative hearing is granted, the notice issued by the

Chief Administrative Law Judge to the appellant shall provide:

1)         a

hearing date within 30 days after the date the appellant's written request for

administrative hearing was received;

2)         a

location for the hearing at a time and place reasonably convenient for all parties;

3)         If

the appellant is a foster family home licensee, a statement that a telephonic

hearing in lieu of an in-person hearing may be scheduled when the decision to

revoke or refuse to renew a foster family home license is based solely upon an

allegation that the licensee did not file a timely and/or complete application

for renewal of the foster family home license

ient for all parties;

3)         If

the appellant is a foster family home licensee, a statement that a telephonic

hearing in lieu of an in-person hearing may be scheduled when the decision to

revoke or refuse to renew a foster family home license is based solely upon an

allegation that the licensee did not file a timely and/or complete application

for renewal of the foster family home license.  However, the notice of hearing

shall state that the appellants (foster parents) have the right to request an

"in person" hearing.  The appellants may exercise their right by

sending a written request for an "in person" hearing within 15 days

after the date of the notice of hearing;

4)         a

statement of the parties' rights during the administrative hearing process;

5)         the

name and address of the licensee or permit holder, if not represented by

counsel, or the name of the licensee and the name and address of the counsel,

if represented by counsel;

6)         the

name and business address of the Department representative for the

administrative hearing;

7)         a

citation to Section 9 of the Child Care Act that grants the Department the

legal authority and jurisdiction to hold the hearing;

8)         a

reference to the particular Sections of the statutes and administrative rules

involved.  This element may be satisfied by attaching a statement of charges;

9)         a

short and plain statement of the matters that are the basis of the complaint

a

citation to Section 9 of the Child Care Act that grants the Department the

legal authority and jurisdiction to hold the hearing;

8)         a

reference to the particular Sections of the statutes and administrative rules

involved.  This element may be satisfied by attaching a statement of charges;

9)         a

short and plain statement of the matters that are the basis of the complaint.

This element may be satisfied by attaching a statement of charges;

10)        the

reasons that may be deemed an abandonment under Section 383.140 and the cause

for the entry of a final administrative decision before hearing;

11)        the

docket number assigned to the case;

12)        the

name and mailing address of the Administrative Law Judge and any other parties,

unless the names or addresses are confidential under the Abused and Neglected

Child Reporting Act or Department of Children and Family Services Act, or other

applicable statute; and

13)        a

statement of the action sought.