Ill. Admin. Code tit. 56 § 120.650

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

Section 120.650 - Administrative Law Judge's Recommendations

a) When the Director is required by law to be the sole, personal acting officer, the ALJ shall, in lieu of decision and order under Section 120.640, make recommendations by way of proposal for decision. The recommendations shall be made upon consideration of the record as a whole or portion of the record as may be supported by competent, material and substantial evidence.

b) The ALJ shall forward a copy of his or her proposed findings of fact, opinions and recommendations to each party of record and each party of record shall be allowed 10 days in which to submit exceptions to the findings, opinions and recommendations of the ALJ and to present a brief in support of those exceptions. In the event no timely or proper exceptions are filed, all objections and exceptions to the ALJ's recommendation shall be deemed waived for all purposes. The Director shall review the record and issue a final Decision and Order.

c) Exceptions and briefs in support of exceptions or in answer to exceptions shall comply with Section 120.640(c) through (f).

d) Any matter not included in the exceptions may not thereafter be raised to the Director or in any further proceeding and is deemed waived for all purposes.

e) This Section applies to formal hearings held pursuant to the Environmental Protection Act [415 ILCS 5/52(c)] , Private Employment Agency Act [225 ILCS 515 ], Prevailing Wage Act [820 ILCS 130/11b] and Victims' Economic Security and Safety Act [820 ILCS 180 ].

Ill. Admin. Code tit. 56, § 120.650

Amended at 35 Ill. Reg. 10134, effective June 7, 2011

Amended at 38 Ill. Reg. 17631, effective 8/15/2014