# 89 Ill. Adm. Code 383.140: Section 383.140 The Role of the Chief Administrative Law Judge

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_140

## Section

- **Citation:** 89 Ill. Adm. Code 383.140
- **Heading:** Section 383.140 The Role of the Chief 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 383 LICENSING COMPLIANCE MONITORING, COMPLAINTS AND ENFORCEMENT / Section 383.140 The Role of the Chief Administrative Law Judge

## Text

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appellant has withdrawn the request for an administrative hearing in writing;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

## Nearby sections

- [89 Ill. Adm. Code 383.115 Section 383.115  Who May Request an Administrative Hearing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_115.md)
- [89 Ill. Adm. Code 383.120 Section 383.120  What May Be Reviewed Through the Administrative Hearing Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_120.md)
- [89 Ill. Adm. Code 383.125 Section 383.125  What May Not Be Reviewed Through the Administrative Hearing Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_125.md)
- [89 Ill. Adm. Code 383.130 Section 383.130  Rights and Responsibilities to Request an Administrative Hearing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_130.md)
- [89 Ill. Adm. Code 383.135 Section 383.135  Notices of Department Decisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_135.md)
- [89 Ill. Adm. Code 383.140 Section 383.140  The Role of the Chief Administrative Law Judge](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_140.md)
- [89 Ill. Adm. Code 383.145 Section 383.145  Rights and Responsibilities in Administrative Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_145.md)
- [89 Ill. Adm. Code 383.150 Section 383.150  The Administrative Law Judge](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_150.md)
- [89 Ill. Adm. Code 383.155 Section 383.155  Final Administrative Decision](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_155.md)
- [89 Ill. Adm. Code 383.160 Section 383.160  Records of Administrative Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_160.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_140. Check the current official text before relying on it. Not legal advice.
