# 89 Ill. Adm. Code 383.150: Section 383.150 The Administrative Law Judge

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P383_S383_150

## Section

- **Citation:** 89 Ill. Adm. Code 383.150
- **Heading:** Section 383.150 The 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 383.150 The Administrative Law Judge

## Text

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.

## 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_150. Check the current official text before relying on it. Not legal advice.
