Illinois Administrative Code

Section 1790.400 Remote Proceedings a) By order of the ALJ, any status hearing or prehearing may be conducted remotely, either by teleconference or videoconference. The parties shall be provided instructions for accessing the teleconference or videoconference system for the date …

Section 1790.410 Discovery a) The parties may exchange known documents, including any written statements or expert opinions, before the prehearing conference or as otherwise required by the ALJ under subsection (b)(1); however, general discovery (e.g., depositions, interrogatorie…

Section 1790.420 Subpoenas a) The Director shall, on the written application of any party, issue subpoenas to a party allowing that party to require the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents…

Section 1790.450 Administrative Law Judge a) The Board shall retain a panel of at least three attorneys licensed to practice law in Illinois to serve as ALJs. Attorneys shall be listed alphabetically and assigned to oversee hearings on a rotating basis. Any attorney retained to s…

Section 1790.500 Authority of Administrative Law Judge An ALJ presiding over a hearing has all powers necessary and appropriate to conduct a full, fair, and impartial hearing, including the following: a) To administer oaths and affirmations; b) To rule upon offers of proof and re…

Section 1790.510 Ex Parte Communications a) No party may engage in any ex parte communication with an ALJ or with any member of the Board regarding matters pending before an ALJ. However, a party not represented by an attorney or attorney for a party may engage in communications …

Section 1790.520 Disqualification of Administrative Law Judge a) At any time prior to the issuance of the ALJ's decision or recommendations, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be made in writing, shall be accomp…

Section 1790.530 Willfully Disobedient Conduct a) Willfully Disobedient conduct at any hearing before the ALJ shall be grounds for exclusion from the hearing. b) If a witness or a party refuses to answer a question after being directed to do so or refuses to obey an order to prov…

Section 1790.540 Victim Notice and Impact Statement The Director shall cause written notification of the date, time, and place of the hearing to any individuals or entities that were affected by the respondent’s alleged misconduct, including to any person who submitted a Notice o…

Section 1790.545 Settlement Agreements The ALJ may not change, amend, or modify a settlement agreement of the parties to the proceeding.

Section 1790.550 Conduct of Hearings a) All hearings shall be open to the public unless required by statute to be otherwise. b) The sequence to be followed for all cases is as follows: 1) Prehearing Conference. The purpose is to set a date on which all parties expect to be prepar…

Section 1790.560 Rules of Evidence a) The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the ALJ determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon …

Section 1790.570 Official Notice Official notice may be taken of any material fact not appearing in evidence in the record if the Circuit Courts of this State could take judicial notice of the fact. In addition, notice may be taken of generally recognized technical facts within t…

Section 1790.580 Hostile or Adverse Witnesses a) If the ALJ determines that a witness is hostile, unwilling, or adverse, he or she may be examined by the party calling him or her as if under cross-examination. b) The party calling an occurrence witness, upon the showing that he o…

Section 1790.590 Documents a) Business records are admissible in a hearing. A business record must be: 1) Relevant; 2) A memorandum, report, record, or data compilation; 3) Made by a person with first-hand knowledge of the facts or from information transmitted by a person with kn…

Section 1790.600 Default Failure of a party to appear at the hearing or failure to proceed as ordered by the ALJ shall constitute a default. The ALJ shall enter the appropriate default order and make his or her decision as provided in Section 1790.630; if the default occurred at …

Section 1790.610 Record in Cases a) A full and complete record shall be kept of all proceedings. The record shall consist of the following: 1) All pleadings, motions, and briefs, including all notices and responses to those pleadings, motions, and briefs; 2) An electronic recordi…

Section 1790.620 Briefs The ALJ may require or allow parties to submit written briefs to the ALJ within 15 days after the close of the hearing or other reasonable time as the ALJ shall determine. Briefs shall be limited to 15 pages, unless permission is granted by the ALJ.

Section 1790.630 Administrative Law Judge's Decision a) No later than 60 days following the hearing, the ALJ shall issue a decision in writing and include findings of fact, conclusions of law, and recommended disposition to the Panel. The findings of fact shall be based exclusive…

Section 1790.645 Illinois Law Enforcement Certification Review Panel a) Upon receipt of the ALJ's finding of fact, conclusions of law, and recommended disposition, and any submitted objections from the officer or Board, the Panel shall call for a certification review meeting or, …

Section 1790.650 Final Action by the Board Upon receipt of the Panel's order and recommendation relating to a complaint or a reactivation refusal and upon the Board, by majority vote, finding that no allegations supporting one or more charges of misconduct are proven by clear and…

Section 1790.660 Reconsideration of Board's Decision a) Within 30 days after service of the Board's final decision under Section 1790.650, the Panel or the law enforcement officer may file a written motion for reconsideration and supporting brief with the Review Committee. The mo…

Section 1790.665 Written Materials of Hearing Process The Board shall develop and publish written materials for law enforcement agencies and officers to explain the rights and processes related to this Part.

Section 1790.670 Judicial Review a) Actions for judicial review under this Part shall be filed where the hearing proceedings took place, which is in the circuit court of either Cook County or Sangamon County. b) For decisions relating to decertification or denials of reactivation…

Section 1800.10 Purpose and Authorization These rules establish procedures for the collection of money due from insurers of private passenger motor vehicles for each calendar year to be deposited in the Motor Vehicle Theft Prevention Trust Fund as authorized by the Illinois Motor…

Section 1800.20 Definitions "The Act" – The term "the Act" means the Illinois Motor Vehicle Theft Prevention Act [20 ILCS 4005]. "Authority" – The term "Authority" means the Illinois Criminal Justice Information Authority. "Council" – The term "Council" means the Illinois Motor V…

Section 1800.30 Collection Process Money to be deposited by the Council into the Motor Vehicle Theft Prevention Trust Fund shall be collected from insurers by the Council in the following manner: a) By March 1 of each calendar year, the Council shall send correspondence to all in…

Section 1800.40 Public Inquiries All inquiries pertaining to the collection process should be directed to: Program Director Illinois Motor Vehicle Theft Prevention Council c/o Illinois Criminal Justice Information Authority 120 South Riverside Plaza, Suite 1016 Chicago, Illinois …

Section 2000.10 Definition of Terms "Act" means the Illinois Torture Inquiry and Relief Commission Act [775 ILCS 40]. "Alternate member" means an individual appointed by the Governor to serve in the stead of a Commission member who cannot participate in a Commission vote due to s…

Section 2000.20 Duties and Powers of Commission a) The Commission is an independent commission created by statute to implement an extraordinary procedure to investigate and determine factual claims related to certain allegations of torture. b) The Commission has the duty and powe…

Section 2000.30 Nature of Investigations The Commission shall conduct all investigations in a professional and thorough manner, and all investigations shall be properly documented and result in a written report of findings and a decision. The Commission does not represent any ind…

Section 2000.40 Subpoenas a) A subpoena may be issued to compel the attendance of witnesses. The subpoena shall bear the current address and phone number of the Commission, a citation to the statutory section authorizing the Commission to issue subpoenas, a unique TIRC subpoena n…

Section 2000.50 Relief a) If the Commission concludes there is sufficient evident of torture to merit judicial review, the Chair shall request the Chief Judge of the Circuit Court of Cook County to assign the case to a trial judge for consideration of the evidence and the appropr…

Section 2000.60 Review of Decisions a) The decisions of the Commission are final and are subject to review as final decisions under the Administrative Review Law [735 ILCS 5/Art. III] pursuant to which the decision may be overturned only if the court finds that it is against the …

Section 2000.APPENDIX C TIRC Waiver Form TIRC WAIVER FORM I, __________________________________________________________________, was born on _____________________________________. I have not consumed any drugs or alcohol in the last 24 hours, other than prescription medication co…

Section 2203.15 Responsibilities a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified. b) No other individu…

Section 2203.20 Legislative Communications The Legislative Liaison shall be responsible for informing and communicating with the General Assembly, subject to approval of the Director.

Section 2203.30 Public Information The Department of Central Management Services Public Information Office shall be responsible for informing the public, employees, and news media regarding the Department's policies and programs and facilitating coverage of news events, subject t…

Section 2203.40 News Media a) Representatives of the media may be admitted to youth centers with approval of the Director. Access to youth centers shall be limited to normal business hours whenever reasonable. b) Requests for interviews with Department employees shall be referred…

Section 2203.50 Speaking Engagements a) Department staff are encouraged to accept speaking engagements before civic groups, professional organizations, and educational meetings, insofar as such assignments do not interfere with the administrative responsibilities of the employee.…

Section 2203.60 Tours of Youth Centers a) Tours of a youth center of the Department shall be subject to approval by the Chief Administrative Officer. b) Tours of a maximum security youth center shall be restricted to persons 17 years of age or over except upon approval by the Dir…

Section 2206.10 Applicability (Repealed) (Source: Repealed at 44 Ill. Reg. 16804, effective September 29, 2020)

Section 2206.12 Definitions "Chief Administrative Officer" means the highest ranking official of a youth center. "Department" means the Department of Juvenile Justice. "Director" means the Director of the Department of Juvenile Justice.

Section 2206.15 Responsibilities a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified. b) No other individu…

Section 2206.20 Requirements for Submitting Research Proposals a) Any request to conduct research or an evaluation study involving former or present committed youth, employees, programs or facilities, whether originating inside or outside the Department, shall be in writing and s…

Section 2206.30 Criteria for Approval or Denial of Research Proposals All requests for research and evaluation shall be approved by the Deputy Director of the appropriate Division and the Director. a) The request shall be reviewed to determine if the proposed study is ethical, fe…

Section 2206.40 Requirements for Conducting Research Projects a) The researcher shall provide periodic reports on the progress of the research project as required. Any changes in the scope or methodology of the project shall be reported. b) Permission to conduct the current study…

Section 2212.12 Definitions "Chief Administrative Officer" means the highest ranking official of a youth center. "Department" means the Department of Juvenile Justice. "Director" means the Director of the Department of Juvenile Justice. "Electronic Recording" means creating an au…

Section 2212.15 Responsibilities a) Unless otherwise specified, the Director or Chief Administrative Officer may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified. b) No other individu…

Section 2212.30 Reporting of Incidents a) Each employee shall completely and accurately document any unusual incident that he or she observes or that is reported to him or her, including any: 1) Serious disturbance; 2) Physical or sexual assault or use of force; 3) Death, suicide…