# 89 Ill. Adm. Code 383.145: Section 383.145 Rights and Responsibilities in Administrative Hearings

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_145

## Section

- **Citation:** 89 Ill. Adm. Code 383.145
- **Heading:** Section 383.145 Rights and Responsibilities in Administrative Hearings
- **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 383.145 Rights and Responsibilities in Administrative Hearings

## Text

Section 383.145  Rights and Responsibilities in
Administrative Hearings
a)         An
appellant may bring a representative, including legal counsel, to the hearing.
Expenses of a representative or of an appellant's witnesses shall be paid by
the appellant.
b)         An
appellant may request the licensing representative or other persons who may
have information relevant to the issues in dispute to attend the hearing by
asking the Chief Administrative Law Judge to issue appropriate subpoenas.
Witness fees and travel expenses for persons other than Department or
supervising agency employees are the responsibility of the party requesting the
subpoena.
c)         Any
motions from the appellant or the Department shall be filed with the
Administrative Law Judge at least 10 calendar days before the hearing.  Copies
shall be sent to the Department's representative and the appellant.
d)         At
the appellant's request, the Department shall provide an interpreter at no cost
to the appellant if English is not the appellant's primary language or a sign
interpreter if the appellant is hearing impaired.
e)         Both
the appellant and the Department have the right to examine and copy documents
and other information to be used by either party and to receive a list of
witnesses to be called by either party at the hearing by requesting them at
least 10 calendar days before the hearing.  The Administrative Law Judge may
prohibit the introduction of the requested evidence if not provided within the
time frame.
f)         At
any time prior to the commencement of the administrative hearing, the
Department may amend the statement of charges to include subsequent acts or
omissions in violation of the Child Care Act or licensing standards of which
the Department has provided the appellant notice
ive Law Judge may
prohibit the introduction of the requested evidence if not provided within the
time frame.
f)         At
any time prior to the commencement of the administrative hearing, the
Department may amend the statement of charges to include subsequent acts or
omissions in violation of the Child Care Act or licensing standards of which
the Department has provided the appellant notice.
g)         At
any time prior to the entry of a final administrative order, the appellant may
withdraw the request for an administrative hearing and accept the Department's
decision to revoke, refuse to renew or refuse to issue a full license, or may
abandon the right to an administrative hearing by surrendering the license.
h)         During
the administrative hearing, the appellant and the Department have the right to:
1)         present
and question witnesses;
2)         present
any information relevant to the issues;
3)         question
or disprove any information, including an opportunity to question opposing
witnesses; and
4)         dispose
of any disputed issue by stipulation, agreed settlement, consent order, or
default any time prior to the conclusion of the administrative hearing.
i)          The
Department:
1)         carries
the burden of proof of justifying the decision to revoke a license, refuse to
renew a license, or refuse to issue a full license to a permit holder; and
2)         must
prove that a preponderance of the evidence supports the decision.

## 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_145. Check the current official text before relying on it. Not legal advice.
