Ill. Admin. Code tit. 38, § 1050.1770 - Rehearings and Reopening of Hearings

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

a) In a contested case in accordance with Section 10-25 of the Illinois Administrative Procedure Act [5 ILCS 100/10-25 ] and Supreme Court Rule 367 [S. Ct. Rule 367], upon petition setting forth facts substantiating that the petition is not for purpose of delay and includes an affidavit attesting to such facts, the Division may order a rehearing of the subject matter. For purposes of this subsection, rehearing means reconsideration of evidence that is a matter of record.
b) Where the record of testimony made at the hearing is found by the Director to be inadequate for purpose of judicial review, the Director may order a reopening of the hearing. In determining whether a record is adequate for purposes of judicial review, the hearing officer shall examine the record in light of whether the recommendations made were adequately supported by the pleadings, evidence and transcript. A reopening will be ordered:
1) only in the most extreme and compelling circumstances; or
2) when points have been overlooked or misapprehended by the hearing officer, as documented by the record.
c) A verified motion for rehearing or a motion for the reopening of a hearing shall be filed within 10 days after the date of mailing of the Director's order, upon a showing of the points claimed to have been overlooked or misapprehended by the hearing officer, with authorities and argument concisely stated. A rehearing or reopening of a hearing shall be noticed and conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for the Director's reconsideration and for judicial review. A decision or order may be amended or vacated after hearing.

Notes

Ill. Admin. Code tit. 38, § 1050.1770

Amended at 29 Ill. Reg. 14808, effective September 26, 2005

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