Section 412.60 Investigation, Notice and Proceedings Involving Formal Complaints

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER f: GENERAL ADMINISTRATION

PART 412 LICENSURE OF DIRECT CHILD WELFARE SERVICE EMPLOYEES AND SUPERVISORS

SECTION 412.60 INVESTIGATION, NOTICE AND PROCEEDINGS INVOLVING FORMAL COMPLAINTS

Section 412.60  Investigation, Notice and Proceedings

Involving Formal Complaints

a)         Complaints

Complaints shall be made to OCWEL

for determination as to whether the complaint meets the grounds for licensure

action in Section 412.50.  The complaint shall be confidential within OCWEL,

the Board, ELRT and the OIG, unless otherwise ordered by a court or

Administrative Law Judge of competent jurisdiction. ELRT shall review the

complaint to determine whether the complaint meets the description of one or

more of the grounds for licensure action in Section 412.50. If a majority

determines that the complaint meets the description of one or more of the

grounds for licensure action, the report shall be forwarded to the OIG for

investigation.

b)         Office of the Inspector

General

1)         Investigation

The OIG shall investigate formal

complaints made to the Board regarding the actions of any person holding or

applying for a license. The OIG may impound (pursuant to 89 Ill. Adm. Code

431.130) and subpoena (pursuant to 20 ILCS 505/35.5 and 89 Ill. Adm. Code 430)

documents relevant to an investigation authorized under this Part.  The OIG

will review documents and interview relevant persons to determine whether a

licensed employee violated any of the provisions of this Part.  If the OIG

determines that licensure action is warranted, the OIG shall provide a Notice

of Administrative Hearing pursuant to subsection (c), provided, however, that

no adverse licensure action (other than preliminary suspension in accordance

with Section 412.90) can be made before the employee has been notified of the

allegations in accordance with this Section and given an opportunity to

respond

OIG

determines that licensure action is warranted, the OIG shall provide a Notice

of Administrative Hearing pursuant to subsection (c), provided, however, that

no adverse licensure action (other than preliminary suspension in accordance

with Section 412.90) can be made before the employee has been notified of the

allegations in accordance with this Section and given an opportunity to

respond.

2)         Proposed

Action

A)        If,

after an investigation, the OIG determines that licensure action is

inappropriate but that there is a basis for disciplinary action, it shall

proceed according to Section 35.5 of the Act. If the investigation discloses

possible criminal acts or violations of rules, the OIG may also refer the

investigative findings or the investigation to the appropriate law enforcement

or regulatory agency. If the OIG determines that licensure action may be

appropriate, the OIG will provide a Notice of Administrative Hearing pursuant

to subsection (c); provided, however, that no adverse licensure action (other

than preliminary suspension in accordance with Section 412.90) can be made

before the employee has been notified of the allegations in accordance with

this Section and given an opportunity to respond.

B)        If the

investigation does not provide a basis for adverse licensure action,

disciplinary action or referral to law enforcement or other regulatory

enforcement, the OIG will notify OCWEL, in writing, and the licensee if the

licensee was informed of the investigation.  OCWEL will also inform any known

child welfare employer of the closure of the licensure investigation if the

employer had been notified of the investigation.

c)         Notice of Administrative

Hearing

1)         When

the OIG requests, the Administrative Hearing Unit shall identify the date, time

and place for an administrative hearing, and shall assign an ALJ to the case

the investigation.  OCWEL will also inform any known

child welfare employer of the closure of the licensure investigation if the

employer had been notified of the investigation.

c)         Notice of Administrative

Hearing

1)         When

the OIG requests, the Administrative Hearing Unit shall identify the date, time

and place for an administrative hearing, and shall assign an ALJ to the case.

The OIG shall then notify the licensee in writing, at least 30 calendar days

before the scheduled hearing date, of the Department's intent to revoke or

suspend his or her license and of the right of the licensee to an

administrative hearing.  The notice shall be sent to the licensee, at the most

recent address provided to OCWEL by the licensee or the address provided to the

OIG during the investigation.  The notice shall also be sent to the

Administrative Hearing Unit.  The notice to the licensee shall be served by

personal delivery by certified or registered mail.  Service in conformance with

this subsection (c)(1) shall be sufficient to prove notice.

2)         The

notice shall contain the following:

A)        the date, time, place

and nature of the hearing;

B)        the

name of the licensee and the address of the licensee, if not represented by

counsel, or the address of the counsel, if represented by counsel;

C)        the

name and business address of the Department's representative, if any, at the

administrative hearing;

D)        a

citation to the provision in Section 5c of the Act that grants the Department

the legal authority and jurisdiction to hold the hearing;

E)        a

reference to the particular Sections of the statutes and administrative rules

involved;

F)         a

short and plain statement of the matters that are the basis of the charges;

G)        the

reasons that may be deemed an abandonment under subsection (n) and the cause

for the entry of a final administrative decision before hearing, including the

failure to file an answer to the notice of administrative hearing or the

lar Sections of the statutes and administrative rules

involved;

F)         a

short and plain statement of the matters that are the basis of the charges;

G)        the

reasons that may be deemed an abandonment under subsection (n) and the cause

for the entry of a final administrative decision before hearing, including the

failure to file an answer to the notice of administrative hearing or the failure

to appear at a pre-hearing or hearing without having first obtained a

continuance;

H)        the docket number

assigned to the case;

I)         the

name and mailing address of the ALJ and any other parties, unless the names or

addresses are confidential under the Abused and Neglected Child Reporting Act

[325 ILCS 5] or the Department of Children and Family Services Act [20 ILCS

505], pursuant to provision found in 89 Ill. Adm. Code 431 (Confidentiality of

Personal Information of Persons Served by the Department of Children and Family

Services);

J)         a

statement of the action sought, including but not limited to revocation,

suspension or refusal to renew a license; and

K)        date the notice was

filed with the Administrative Hearing Unit.

d)         Answer to the Notice of

Administrative Hearing

The respondent shall serve an

answer, within 15 calendar days after the date on which the Notice of

Administrative Hearing is sent, on the Administrative Hearing Unit.  The answer

shall be in writing and signed by the respondent or the respondent's authorized

representative, and shall include the respondent's telephone number.  The

answer shall admit or deny the charges or shall state that the respondent lacks

sufficient information to admit or deny the charges.  If the respondent fails

to admit, deny or assert that respondent lacks sufficient information to

answer, the charge shall be deemed admitted as true.  The answer shall also

provide any information that establishes a factual basis for an affirmative defense

to the charges

ll admit or deny the charges or shall state that the respondent lacks

sufficient information to admit or deny the charges.  If the respondent fails

to admit, deny or assert that respondent lacks sufficient information to

answer, the charge shall be deemed admitted as true.  The answer shall also

provide any information that establishes a factual basis for an affirmative defense

to the charges.  Failure to do so may result in the ALJ barring the respondent

from presenting the defense at any hearing on the licensing matter.

e)         Rights and

Responsibilities in Administrative Hearings

1)         Appearance/Authorization

to Represent

A)        A

respondent may bring an authorized representative and witnesses to the

hearing.  The respondent shall pay expenses of a representative or respondent's

witnesses.

B)        No

person shall be allowed to act as an authorized representative in any matter

contested before the Administrative Hearing Unit without first filing a written

authorization with the Administrative Hearing Unit.  The authorization shall be

effective only for the particular matter in which it is filed, unless the

matter has been consolidated with other proceedings by order of the Chief ALJ

or the assigned ALJ.

C)        No

particular form is required to file a written authorization for representation.

However, all authorizations filed with the Administrative Hearing Unit shall be

notarized, signed by the respondent and authorized representative, and

identify:

i)          the

name, address and phone number of the party represented;

ii)         the

name, address and phone number of the authorized representative; and

iii)        the

administrative hearing in which representation is authorized.

D)        An

authorized representative may exercise the rights of the respondent in the

hearing process

espondent and authorized representative, and

identify:

i)          the

name, address and phone number of the party represented;

ii)         the

name, address and phone number of the authorized representative; and

iii)        the

administrative hearing in which representation is authorized.

D)        An

authorized representative may exercise the rights of the respondent in the

hearing process.  These rights include the right to:

i)          review

and copy material placed in the record during the proceeding;

ii)         receive

Department, Board and administrative hearing notices;

iii)        request and receive

discovery materials;

iv)        speak,

or otherwise be heard, on behalf of the respondent in the administrative

hearing process; and

v)         take

any other actions permitted a respondent during the hearing process.

2)         During

the administrative hearing, the respondent and the Department have the right

to:

A)        present and question

witnesses;

B)        present any information

relevant to the issues;

C)        question

or disprove any information, including an opportunity to question opposing

witnesses; and

D)        dispose

of any disputed issue by stipulation, agreed settlement, consent order or

default.

3)         Before

and during the administrative hearing:

A)        the

respondent may withdraw from the hearing process and relinquish the license in

accordance with Section 412.40(g); and

B)        the Department may amend

the charges subject to due process.

4)         The

proceedings shall be recorded or conducted before a certified court reporter.

f)         Confidentiality during the

Hearing Process

1)         The

ALJ has the right to exclude from an administrative hearing any individual who,

or agency that, does not have the right of access to the information being

presented in accordance with the federal Adoption Assistance and Child Welfare

Act (42 USC 671), the Children and Family Services Act, ANCRA, and any other

pertinent Act

f)         Confidentiality during the

Hearing Process

1)         The

ALJ has the right to exclude from an administrative hearing any individual who,

or agency that, does not have the right of access to the information being

presented in accordance with the federal Adoption Assistance and Child Welfare

Act (42 USC 671), the Children and Family Services Act, ANCRA, and any other

pertinent Act.

2)         The

ALJ has the authority to divide the hearing into separate segments that deal

with issues of other parties in order to preserve confidentiality as mandated

under applicable statutes and rules and to prohibit discussion or introduction

of evidence that is outside of the scope of the issues being presented in that

segment.

3)         Confidentiality

During the Hearing Process

The Department has an affirmative

duty to protect the confidentiality of personal information, in accordance with

89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons

Served by the Department of Children and Family Services), the federal Adoption

Assistance and Child Welfare Act and Section 10-60 of the Illinois

Administrative Procedure Act [5 ILCS 100].  Confidentiality shall be preserved

throughout the administrative hearing, the transmittal of the ALJ's

recommendation to the Board and the release of the final administrative

decision.  None of the documents, including the ALJ's recommendation to the

Board, shall be subject to the Freedom of Information Act [5 ILCS 140].  The

final administrative action, however, shall be public information.

g)         The Administrative

Hearing and Pre-hearing Conference

1)         Rules

of Evidence

In an administrative hearing, the

OIG carries the burden of proving, by a preponderance of the evidence, grounds

for suspension, revocation or refusal to reinstate license (Section 412.50).

A)        Irrelevant,

immaterial or unduly repetitious evidence shall be excluded

shall be public information.

g)         The Administrative

Hearing and Pre-hearing Conference

1)         Rules

of Evidence

In an administrative hearing, the

OIG carries the burden of proving, by a preponderance of the evidence, grounds

for suspension, revocation or refusal to reinstate license (Section 412.50).

A)        Irrelevant,

immaterial or unduly repetitious evidence shall be excluded.  The rules of

evidence and privilege as applied in civil cases in the circuit courts of this

State shall be followed.  Evidence not admissible under those rules of evidence

may be admitted, unless precluded by statute, if it is of a type commonly

relied upon by reasonably prudent persons in the conduct of their affairs.

Objections to evidentiary offers may be made and shall be noted in the record.

Subject to these requirements, when a hearing will be expedited and the

interests of the parties will not be prejudiced, any part of the evidence may

be received in written form.

B)        Previous

statements made by a child relating to abuse or neglect shall be admitted as

hearsay exceptions.

C)        In

addition to any other hearsay exception that exists in Illinois, a statement

may be admitted if it has circumstantial guarantees of trustworthiness, and if

the probative value of the statement outweighs any prejudice resulting from an

inability to cross‑examine the declarant.

2)         Motions

A)

Copies

of the motion shall be served upon the ALJ, the Administrative Hearing Unit,

and the opposing party at least 10 days before the date set for hearing.

B)        The

ALJ may hear any motion that is consistent with administrative practice and

procedure.

3)         The Chief

ALJ

or the

ALJ

may schedule a pre-hearing conference

inability to cross‑examine the declarant.

2)         Motions

A)

Copies

of the motion shall be served upon the ALJ, the Administrative Hearing Unit,

and the opposing party at least 10 days before the date set for hearing.

B)        The

ALJ may hear any motion that is consistent with administrative practice and

procedure.

3)         The Chief

ALJ

or the

ALJ

may schedule a pre-hearing conference.

A)        The

ALJ shall address the following issues during the pre-hearing conference:

i)          whether

parties have exchanged lists of the persons who will provide testimony during

the administrative hearing;

ii)         whether

witnesses should be scheduled to testify at specific times;

iii)        whether

the parties have or will have exchanged records or documents prior to the

administrative hearing;

iv)        whether the parties can

agree upon any facts as true;

v)         motions

filed by any party; and

vi)        the

need for an interpreter for a party whose primary language is not English or

who requires communication assistance.

B)        The

pre-hearing conference shall be convened by telephone unless the ALJ and the

parties agree to an in-person pre-hearing conference.  The ALJ shall place all

telephone calls.  The cost of telephone calls shall be borne by the

Department.  The Administrative Hearing Unit shall arrange for the respondent

to use a telephone at a Department Field Office if the respondent has

previously notified the Department that he/she does not have access to a

telephone.

C)        The

ALJ may order the parties to attend the pre-hearing conference in person

without the consent of all parties.  If the ALJ orders personal attendance, the

ALJ shall:

i)          give

written notice to the parties of the date, time and place of the pre-hearing

conference; and

ii)         hold

the pre-hearing conference at a place and time convenient for the parties

o a

telephone.

C)        The

ALJ may order the parties to attend the pre-hearing conference in person

without the consent of all parties.  If the ALJ orders personal attendance, the

ALJ shall:

i)          give

written notice to the parties of the date, time and place of the pre-hearing

conference; and

ii)         hold

the pre-hearing conference at a place and time convenient for the parties.

h)         The Administrative Law

Judge

1)         Appointment

or disqualification of the Administrative Law Judge is subject to the

provisions of Sections 10-20 and 10-30 of the Illinios Administrative Procedure

Act.

2)         The

Chief ALJ shall select a trained, impartial ALJ from the available pool to

conduct the administrative hearing. The ALJ shall:

A)        be an attorney licensed

to practice law in the State of Illinois;

B)        possess

knowledge and information acquired through training and/or experience relevant

to the fields of child and family welfare law and administrative law, including

familiarity with Department rules, procedures and functions;

C)        not

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

rendered legal advice to the decisionmaker on the issue; and

D)        not

have a personal or professional interest that interferes with exercising

objectivity or have any bias against the parties or issues contested.  An

adverse ruling, in and of itself, shall not constitute bias or conflict of

interest

not

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

rendered legal advice to the decisionmaker on the issue; and

D)        not

have a personal or professional interest that interferes with exercising

objectivity or have any bias against the parties or issues contested.  An

adverse ruling, in and of itself, shall not constitute bias or conflict of

interest.

3)         Functions

and Authority of the Administrative Law Judge

The ALJ shall have all authority

allowed under Article 10 of the Illinois Administrative Procedure Act, which

includes, but is not limited to, the authority to:

A)        conduct

a fair, impartial and formal hearing;

B)        inform

participants of their individual rights and their responsibilities;

C)        conduct

pre-hearing telephone conferences between the parties or their authorized

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;

D)        take

necessary steps to develop a full and fair record that contains all relevant

facts;

E)        administer an oath or an

affirmation to all witnesses;

F)         quash

or modify subpoenas issued by the Administrative Hearing Unit for good cause,

which includes, but is not limited to, relevance, scope, materiality and

emotional harm or trauma to the subpoenaed witness;

G)        preserve

all documents and evidence for the record, subject to provisions of Section

10-35 of the Illinois Adminitrative Procedure Act;

H)        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;

I)         order

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

whether by physical actions, profanity or conduct, that disrupts the hearing;

J)         identify

the issues, consider all relevant facts and receive or req

issues and contested issues of law at the hearing or take matters

under advisement pending issuance of the written opinion and recommendation;

I)         order

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

whether by physical actions, profanity or conduct, that disrupts the hearing;

J)         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

K)        for

good cause shown, on the judge's own motion or the motion of any party, allow a

witness to testify at the administrative hearing by telephone.

i)          Consolidating and

Severing Issues and Parties

1)         When

common issues of fact or law are raised in more than one set of charges or

involve more than one licensee, the Chief ALJ or ALJ may consolidate the

charges into a single group hearing.  Individuals shall be permitted to present

their own cases separately. Nothing in this Section shall override confidentiality

considerations.

2)         The

Chief ALJ or ALJ may also combine into one hearing all sets of charges, appeals

and issues involving a single respondent, whether arising under this Part or

any other Part.

3)         The

Chief ALJ or ALJ, if required for the fair and efficient administration of the

hearing or to prevent possible prejudice to the respondent, may sever any party

or any issue from the consolidated hearing.  The party or issue severed from

the consolidated hearing shall be heard separately.

4)         The

Chief ALJ or ALJ shall decide the order in which to hear any party, appeal or

issue that has been severed.

5)         The

Chief ALJ may delegate the power to hear and decide any action to consolidate

or sever under this Section to any ALJ who has been assigned to hear one or

more of the appeals

The party or issue severed from

the consolidated hearing shall be heard separately.

4)         The

Chief ALJ or ALJ shall decide the order in which to hear any party, appeal or

issue that has been severed.

5)         The

Chief ALJ may delegate the power to hear and decide any action to consolidate

or sever under this Section to any ALJ who has been assigned to hear one or

more of the appeals.

j)          Exchange of Information

1)         All

requests for information must be in writing and sent to the party from whom the

information is sought at least 20 calendar days in advance of the hearing.  The

requestor must send a copy of the request to the Administrative Hearing Unit. A

party, without leave of the ALJ, may request from any other party:

A)        a list of witnesses to

be called at the hearing; and

B)        copies

of all documents that a party intends to present to the ALJ at the hearing.

2)         Copies

of all requests for information shall be filed with the Administrative Hearing

Unit.  All requests for information shall be answered within 10 calendar days

after receipt unless, upon good cause shown, leave is sought for additional

time to answer.

3)         If a

party fails to answer a request for information, the ALJ may enter any just and

appropriate order to advance the disposition of the matter.

4)         Hearings

shall not be delayed to permit the exchange of information unless timeliness

and due diligence is shown by the party seeking the information.

k)         Continuances

1)         The

ALJ shall grant no continuance of a scheduled hearing or pre-hearing conference

to any party except for good cause shown

any just and

appropriate order to advance the disposition of the matter.

4)         Hearings

shall not be delayed to permit the exchange of information unless timeliness

and due diligence is shown by the party seeking the information.

k)         Continuances

1)         The

ALJ shall grant no continuance of a scheduled hearing or pre-hearing conference

to any party except for good cause shown.  Good cause includes, but is not

limited to:

A)        sickness

or death in the immediate family of the respondent, the Department

representative or the authorized representative of the respondent;

B)        court

or administrative hearing dates scheduled prior to the issuance of the notice

of hearing;

C)        the need to secure

counsel;

D)        the unavailability of a

witness; and

E)        adding or amending the

charges in the complaint.

2)         No

request for a continuance shall be granted without notice to all parties and an

opportunity to object on the record.  All motions for continuance shall be

disposed of by written order.

3)         If a

continuance is requested due to the lack of a certified court reporter or

interpreter, the party seeking a continuance must demonstrate due diligence in

seeking that service for the hearing date.

4)         Notices

of a continued hearing date need not include any restatement of the rights of

the parties.

l)          Attendance of Witnesses

A party or ALJ may subpoena a

witness by requesting that the Chief ALJ issue a subpoena to compel the

attendance of the witness. The request shall be made at least 14 calendar days

before the hearing. Requests for subpoenas made less than 14 calendar days

before the hearing require the leave of the Chief ALJ or the ALJ.  Witness fees

and travel expenses for persons other than Department, private agency or

temporary services agency employees are the responsibility of the party

requesting the subpoena

nce of the witness. The request shall be made at least 14 calendar days

before the hearing. Requests for subpoenas made less than 14 calendar days

before the hearing require the leave of the Chief ALJ or the ALJ.  Witness fees

and travel expenses for persons other than Department, private agency or

temporary services agency employees are the responsibility of the party

requesting the subpoena.

m)        Grounds for Entry of a

Final Administrative Decision before Hearing

The Chief ALJ or the ALJ shall

recommend licensure action to the Board, without further hearing, when:

1)         the

Department, the Board or a court of competent jurisdiction has already made a

final decision on the issue as a result of a previous administrative hearing or

court decision;

2)         the

respondent does not file an answer within 15 calendar days after the day the

Notice of Administrative Hearing was filed with the Administrative Hearing

Unit;

3)         the

respondent has stated that the respondent does not contest the entry of adverse

licensure action;

4)         the

right to an administrative hearing has been abandoned pursuant to subsection

(n); or

5)         the

issue is otherwise not within the jurisdiction of the Administrative Hearing

Unit.

n)         Abandonment of Right to

Administrative Hearing/Default

1)         The

Administrative Hearing Unit shall find that the respondent has abandoned the

right to an administrative hearing when:

A)        the

respondent has not filed an answer to the Notice of Administrative Hearing

within 15 calendar days after the Notice was filed with the Administrative

Hearing Unit;

B)        the

respondent or the respondent's authorized representative has failed to appear

at the scheduled pre-hearing or hearing and failed to respond to the written

notification of the finding of abandonment within 30 days, showing good cause

why the finding should be vacated;

C)        the

respondent failed to notify OCWEL or the Chief ALJ or ALJ of a change of

address and a Notice

nit;

B)        the

respondent or the respondent's authorized representative has failed to appear

at the scheduled pre-hearing or hearing and failed to respond to the written

notification of the finding of abandonment within 30 days, showing good cause

why the finding should be vacated;

C)        the

respondent failed to notify OCWEL or the Chief ALJ or ALJ of a change of

address and a Notice of Administrative Hearing, sent to the respondent's last

known address, was returned as undeliverable, unclaimed, refused, moved or no

forwarding address; or

D)        the

respondent has filed a relinquishment of license on the form prescribed by the

Department.

2)         The

Administrative Hearing Unit shall find that the Department or the respondent

has abandoned the right to an administrative hearing when the Department or the

respondent or the respondent's authorized representative, without good cause,

fails to appear at a hearing or pre-hearing conference without having received

a continuance.

3)         Any

party seeking to vacate a finding of abandonment under subsections (n)(1)(A)

and (B) shall file a motion within 30 days after notice of the entry of a

finding of abandonment or default showing good cause why the party failed to

appear.  A recommendation to the Board regarding licensure action will be

entered:

A)        at the

end of 30 days, if the respondent does not file a motion to vacate; or

B)        when

the Administrative Hearing Unit determines that good cause for the failure to

appear does not exist.

o)         Record of an Administrative

Hearing

The Chief ALJ or ALJ shall

maintain the record of the administrative hearing and the final administrative

decision.  All final administrative decisions shall be available to any party

for public inspection during regular business hours.  However, confidential

information shall be deleted in accordance with 89 Ill. Adm

e to

appear does not exist.

o)         Record of an Administrative

Hearing

The Chief ALJ or ALJ shall

maintain the record of the administrative hearing and the final administrative

decision.  All final administrative decisions shall be available to any party

for public inspection during regular business hours.  However, confidential

information shall be deleted in accordance with 89 Ill. Adm. Code 431

(Confidentiality of Personal Information of Persons Served by the Department of

Children and Family Services).

p)         Recommendation of

Administrative Law Judge

1)         The

ALJ shall prepare a recommendation, along with findings of fact and conclusions

of law, as to whether to suspend the respondent's license, revoke the

respondent's license, allow the respondent's license to continue in good

standing, or take any other action regarding the license.  The ALJ shall submit

the hearing record and recommendation to the Board and all parties.  The

parties shall have 20 calendar days to file exceptions and a brief to the

recommendation of the ALJ. The exceptions shall be filed with OCWEL for

consideration by the Board.  The parties shall have 20 additional calendar days

to respond to the exceptions and brief filed by any other party.

2)         The

Board shall accept the ALJ's findings of fact as true unless it finds that the

findings of fact are contrary to the manifest weight of the evidence.  The

Board may:

A)        issue

a final administrative decision by accepting the recommendation of the ALJ;

B)        issue

a final administrative decision by making its own findings of fact or

conclusions of law that shall be based solely on the record; or

C)        remand

the case to the Administrative Hearing Unit for further proceedings.  When the

Board remands a case, it shall issue a written order specifying the nature and

scope of the additional proceedings

ing the recommendation of the ALJ;

B)        issue

a final administrative decision by making its own findings of fact or

conclusions of law that shall be based solely on the record; or

C)        remand

the case to the Administrative Hearing Unit for further proceedings.  When the

Board remands a case, it shall issue a written order specifying the nature and

scope of the additional proceedings.  The Administrative Hearing Unit shall

schedule a new hearing date that shall be between 15 and 90 calendar days after

the date of the remand order. The Administrative Hearing Unit shall notify all

parties of the new date. The ALJ shall issue a supplemental recommendation and

shall serve a copy on all parties. The Board shall review the supplemental

recommendation in the same manner as the initial recommendation.