Illinois Administrative Code

Section 1.124 Petition for Reconsideration or Stay of Administrative Action: Director's Decision; Time Limit The Director shall review a petition for reconsideration or stay of administrative action and within 90 days from the date of receipt of such petition notify the petitione…

Section 1.126 Petition for Reconsideration: Criteria for Granting Petition The Director shall grant the petition for reconsideration if he or she determines that all of the following apply: a) The petition demonstrates that relevant data, information or views contained in the adm…

Section 1.128 Petition for Stay or Delay of Administrative Action: Criteria for Granting Petition The Director shall grant a stay or delay any administrative action if: a) The Director determines that a stay or delay is in the public interest. A stay would be in the public intere…

Section 1.15 Nature of Formal Administrative Proceedings; Contested Cases; Licensing 8 Ill. Adm. Code 1: Subpart B governs practices and procedures applicable to formal administrative proceedings conducted by the Department of Agriculture in hearing contested cases under the laws…

Section 1.20 Initiation of Formal Administrative Proceedings a) A formal administrative proceeding to hear contested cases under the laws administered by the Department of Agriculture shall be initiated by the Department in accordance with Section 1.60 of this Part. b) The Direct…

Section 1.200 Petitions: Format A petition shall be in the form and contain the information requested as shown in Illustration A.

Section 1.205 Petitions: Signature and Content A petition shall be signed by the person making the submission or by an attorney or other authorized representative on the petitioner's behalf. All petitions constitute a representation that, to the best of the knowledge, information…

Section 1.210 Petitions: Filing with Director A petition shall be filed with the Director and, upon receipt, a docket number shall be assigned.

Section 1.215 Petitions: Information – Full Content All data and information referred to or in any way relied upon in any such petition shall be included in full and may not be incorporated by reference, except: a) if previously submitted as part of the administrative file in the…

Section 1.22 Qualifications and Authority of the Department's Administrative Law Judges a) Appointment and qualifications of the administrative law judges: In accordance with Section 10-20 of the Illinois Administrative Procedure Act, the following persons are authorized to act a…

Section 1.220 Petitions: Denial If a petition fails to meet any requirements of this Subpart and such deficiency becomes known to the Director, the petition shall be returned with a copy of the applicable rules indicating those provisions not complied with in the submission. Retu…

Section 1.225 Petitions: Written Comments on Petition Filed with Director All written comments, objections, notices, compilations of data and information and any other documents in regard to a petition shall be filed with the Director or with a duly authorized representative of t…

Section 1.230 Petitions: Amending, Supplementing or Withdrawing A petitioner may supplement or amend a petition without agency approval and without prejudice at any time until the Director rules on the petition or the petition has been referred for a hearing. The petitioner shall…

Section 1.235 Petitions: Legality The filing of a petition shall not mean or imply that it in fact meets all applicable requirements or that it contains reasonable grounds for the action requested or that the action requested is in accordance with law.

Section 1.240 Petitions: Considered Submitted Submissions shall be considered as submitted on the date on which they are postmarked or, if delivered in person during regular business hours, on the date on which they are so delivered. All such submissions shall be mailed or delive…

Section 1.245 Computing Time Limits Saturdays, Sundays and legal holidays for the State of Illinois shall be included in computing the time for any act in Subpart C of this Part, except that when such time expires on a Saturday, Sunday or legal holiday for the State of Illinois, …

Section 1.25 Record of Formal Administrative Proceeding The record of a formal administrative proceeding shall include the following: a) Any petition that has been filed with the Director and all submitted data and information on which it relies. b) All pleadings (including all n…

Section 1.250 Receipt for Documents The Illinois Department of Agriculture will not acknowledge or give receipt for such documents, except on request. (Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982)

Section 1.255 Petitions: Director's Review and Ruling The Director shall review and rule upon every petition filed, taking into consideration: a) the agency's resources available to handle the subject matter, b) the priority assigned to the petition in relation both to subject ma…

Section 1.260 Petitions: Proceedings in Reviewing The Director may utilize any of the following proceedings in reviewing a petition in order to obtain data and information necessary to make a decision on the petition: a) Conferences, meetings and correspondence. b) A formal evide…

Section 1.265 Petitions: Agency's Responses; Time Limit The Director's response shall be furnished to each petitioner in writing within 30 days of the receipt of the petition and shall state the reasons for the action taken. Such response shall either: a) approve the petition, in…

Section 1.270 Public Hearing on Petition: Who May Testify At any public hearing, the petitioner may invite affected persons to attend and testify in regard to the petition. The Department may also invite interested persons to testify or to submit written comments on the petition.…

Section 1.275 Public Hearing on Petition: Procedure for Conducting the Hearing The Director or the administrative law judge shall state at the beginning of the hearing the manner in which the hearing will be conducted, time limits for testifying and any other procedures for condu…

Section 1.280 Public Hearing on Petition: Registration of Witnesses Any person requesting time to make an oral presentation on any petition at any public hearing must register prior to the beginning of the hearing. Persons will be called to testify in the order of registration, u…

Section 1.285 Person Representing Organization, Association or Another Person A person may represent an association, organization or other group or an individual who is unable to attend. The Director or administrative law judge shall request such person to present proof indicatin…

Section 1.290 Alternative Proposals The Department may propose alternative proposals in order to obtain comments on different proposals.

Section 1.295 Decision Based Upon Record The Director's decision on any petition shall be based upon the administrative record. (Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992)

Section 1.300 Decision on Petition: Time Limit The Director shall make a decision within 30 days following a public hearing or meeting on the petition or within 30 days from receipt of the petition, whichever is later. The agency shall notify the petitioner of the Director's deci…

Section 1.305 Petitioner's Rights to a Private Meeting A petitioner has the right to a private meeting or conference with representatives of the Department in regard to a petition on request. The Director shall determine which representatives of the Department shall attend such m…

Section 1.40 Formal Administrative Proceeding: Communications a) All communications to the Department concerning formal administrative proceedings shall be addressed to the Director or administrative law judge, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281, …

Section 1.42 Conferences a) The respondent or the respondent's attorney may request verbally or in writing a conference with the Department and its administrative law judge at any time prior to or during the course of a hearing. The administrative law judge shall direct the parti…

Section 1.44 Discovery a) Upon written request of any party, the following discovery procedures shall be ordered by the administrative law judge when necessary to expedite the proceedings, to ensure a clear or concise record, to ensure a fair opportunity to prepare for the hearin…

Section 1.45 Notice of Formal Administrative Proceeding a) The Director or the administrative law judge shall set the date, time, and place of all formal administrative proceedings. b) The formal administrative proceeding shall be held in the offices of the Department in Springfi…

Section 1.50 Formal Administrative Proceeding: Complainants, Petitioners, and Respondents a) When initiating a complaint, the Department shall be designated the complainant. Any adverse party shall be designated as the respondent. b) Any person who has been affected by an adverse…

Section 1.500 Availability of Information Contained in Department Records for Inspection and/or Copying; Procedure to be Followed Information contained in public records maintained by the Department of Agriculture shall be available for inspection and/or copying by the public unl…

Section 1.55 Formal Administrative Proceeding: Appearances a) Any person may appear in a formal administrative proceeding as follows: 1) A natural person may appear in his or her own behalf or be represented by an attorney at law who is licensed to practice law in the State of Il…

Section 1.60 Initiation of Complaints: Formal Complaints and Petitions a) Complaints may be initiated by the Department and shall be in the form of a formal complaint. 1) A formal complaint shall: A) be in writing and be addressed to the person alleged to be in violation of the s…

Section 1.65 Motions a) Motions may be presented requesting a postponement of the hearing; a more sufficient pleading; a bill of particulars; the striking of irrelevant or immaterial matter; the dismissal of the proceedings for want of jurisdiction; the quashing of a subpoena; th…

Section 1.70 Documents Filed in a Formal Administrative Proceeding: Format a) Any papers filed in a proceeding shall be legible and lines should be double spaced, except that long quotations may be single spaced. Printed papers, if legible, will be accepted. b) All papers, except…

Section 1.75 Procedures for Conducting Administrative Hearing: Rules of Evidence a) All hearings conducted in any proceeding shall be open to the public. Pursuant to authority of a Department licensing Act or the rules thereof, which are listed in 2 Ill. Adm. Code 700, the Depart…

Section 1.77 Decision and Order a) The Director or administrative law judge shall prepare a written order for each contested case. The order shall be supported by concise findings of fact and conclusions of law. The order shall be signed by the Director or administrative law judg…

Section 1.80 Subpoenas a) Subpoenas requiring that attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records or memoranda may be issued by the Director or the administrative law judge upon his or her own moti…

Section 1.85 Witnesses During the pendency of any proceeding, the Department, its administrative law judge, or any party may depose any witness in a manner which conforms to the provisions of the laws of this State. (Source: Amended at 16 Ill. Reg. 15850, effective October 5, 199…

Section 1.90 Continuances of Proceeding Continuances and extensions of time for compliance with orders of the Department during the pendency of the proceeding shall be granted by the Director or the administrative law judge if they are not repetitious, do not unnecessarily delay …

Section 1.95 Petition for Reconsideration or Stay of Administrative Action After a decision is rendered by the administrative law judge, a person affected by the decision may submit a petition for reconsideration or stay of administrative action as outlined in Sections 1.112 thro…

Section 1.ILLUSTRATION A Petition (DATE) Director Department of Agriculture State Fairgrounds Springfield, Illinois 62706 PETITION The undersigned submits this petition pursuant to (relevant statutory reference, if known) to request the Director of Agriculture to (amend, issue, o…

Section 1.ILLUSTRATION B Petition For Reconsideration (DATE) Director Department of Agriculture State Fairgrounds Springfield, Illinois 62706 PETITION FOR RECONSIDERATION DOCKET NO. The undersigned submits this petition for reconsideration of the decision of the administrative la…