Ill. Admin. Code tit. 38, § 100.220 - Motions

Current through Register Vol. 46, No. 15, April 8, 2022

a) Motions will be made in writing, unless otherwise allowed by the Administrative Law Judge prior to or during the course of a Hearing. Written motions are limited to the following:
1) To request dismissal of an Administrative Decision for failure to state facts that, if true, would form a sufficient basis for discipline.
2) To request sanctions in accordance with Section 100.90(Representation).
3) To request sanctions in accordance with Section 100.130 (Discovery).
4) To request dismissal of a Petition for Hearing, for failure to comply with Section 100.30 (Petition for Hearing).
5) To request dismissal when the Party bearing the burden of proof has concluded their case without presenting sufficient evidence
6) To request a continuance or extension of time to comply with any provision of this Part.
7) To request that an Order entered by the ALJ be vacated or modified.
8) To request a prehearing.
9) To request separation of cases joined by the Department.
10) To request disqualification of an ALJ in accordance with Section 100.175(Hearings).
11) To request a protective order to prevent exposure in the public domain of records or other information that is of a sensitive or confidential nature or to seal the record in accordance with Sections 100.230(f) (Evidence and Standard of Proof) and 100.255(Confidentiality).
12) To request that a Notice to Plead or Be Held in Default be issued upon failure to file a complete Petition for Hearing, Answer, or other responsive pleading in accordance with Section 100.120 (Requirement of and Answer; Default).
13) To compel discovery.
b) When any motion is filed, the ALJ may allow oral argument if this is deemed necessary for a fuller understanding of the issues presented. When facts that are not part of the record in the case are alleged as a basis for the request, an affidavit will be attached to the motion setting forth those facts. Facts outside of the Administrative Decision cannot be used to support a motion to dismiss for failure to state facts that, if true, would form a sufficient basis for the Administrative Decision.
c) Motions and any responses or replies shall be filed in accordance with Sections 100.50 and 100.60 with copies to the ALJ and other Parties or their counsel. Unless otherwise directed by an ALJ, a Party shall have 20 days from the date of service to respond to a motion and 10 days from date of service to reply to a response.

Notes

Ill. Admin. Code tit. 38, § 100.220
Adopted at 45 Ill. Reg. 12525, effective 9/23/2021.

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