Ill. Admin. Code tit. 38 § 100.70

Current through Register Vol. 48, No. 44, November 1, 2024

Section 100.70 - Notice of Preliminary Hearing

a) The Notice of Preliminary Hearing shall include:

1)A statement of the time, place, and nature of the Preliminary Hearing;

2)A statement of the legal authority and jurisdiction under which the Preliminary Hearing is to be held;

3)A reference to the particular sections of the substantive and procedural statutes and rules involved;

4)Except when a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted, the consequences of a failure to respond, and the official file or other reference number.

5)To the extent such information is available, the names, phone numbers, email addresses, and mailing addresses of the Administrative Law Judge or designated agency contact, Parties, and all other persons to whom the agency gives notice of the Preliminary Hearing unless otherwise confidential by law. [5 ILCS 100/10-25(a)]

6) A statement that the purpose of the Preliminary Hearing is to set a date on which all Parties expect to be prepared to proceed with their cases and to rule on any preliminary motions that are presented.

b) Except as otherwise provided by law, the Petitioner will be given at least 20 days' notice prior to the first date set for the Preliminary Hearing or status call. Once notice is given, it will thereafter be the responsibility of the Petitioner to know subsequent Hearing or status call dates.

c) Nothing in this Section shall prevent the Department from scheduling a Formal Hearing without a Preliminary Hearing and with less than 20 days' notice when the Secretary or Director summarily or temporarily suspends or revokes any license under the Applicable Act, issues a temporary order, or when necessary to comply with applicable law.

d) Any contention that improper notice was given will be deemed waived unless it is raised by the Petitioner prior to argument on any other motion or, if no other motions are presented, prior to the commencement of opening statements.

Ill. Admin. Code tit. 38, § 100.70

Adopted at 45 Ill. Reg. 12525, effective 9/23/2021.