Section 383.150 The Administrative Law Judge

Section 383.150  The Administrative Law Judge

a)         Assignment of the

Administrative Law Judge

The Chief Administrative Law Judge

shall assign an Administrative Law Judge to conduct the administrative

hearing.  The Administrative Law Judge shall:

1)         be an

attorney licensed to practice law in the State of Illinois;

2)         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)         not

have been involved in the decision to take the action being reviewed or have

rendered legal advice to the decision maker on the issue; and

4)         not

have a personal or professional interest that interferes with exercising

objectivity or have any bias against the parties or issues reviewed.  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 prehearing telephone conferences, if necessary, between the

parties and/or their representatives 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 that contains all relevant

facts

nary and prehearing telephone conferences, if necessary, between the

parties and/or their representatives 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 that contains all relevant

facts.  The Administrative Law Judge shall admit any evidence having probative

value that is relevant and material to the facts in issue, subject to objections

only as to the weight to be given such evidence;

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)         ask

questions of any witnesses called to testify;

10)         for

good cause shown, permit a witness to testify at the hearing by telephone;

11)         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;

12)         order

the removal of any person from the hearing room who is creating a disturbance,

whether by physical actions, profanity or other conduct that disrupts the

hearing;

13)         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

14)         present

a written opinion and recommendation to the Director within 30 calendar days

after the record of the administrative hearing is completed, unless an

extension is granted by the Chief Administrative Law Judge

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

14)         present

a written opinion and recommendation to the Director within 30 calendar days

after the record of the administrative hearing is completed, unless an

extension is granted by the Chief Administrative Law Judge.  The report shall

include a recommended decision on whether there is a preponderance of evidence,

based on information considered at the hearing contained in the administrative

record, to support the Department's decision to revoke a license, refuse to

renew a license, or refuse to issue a full license to a permit holder.  The

opinion shall contain findings of fact, conclusions of law and a

recommendation.