a) The Final Administrative Decision
1) The Director of the Department shall issue
the final decision within 35 calendar days after receipt of a timely and
sufficient request for an expedited appeal, unless extended by action of the
appellant. Within the same 35 day time period, the Director shall receive and
accept, reject, amend or return to the AHU for further proceedings the ALJ's
recommendation with respect to the expedited appeal. The Director's decision is
the final administrative decision of the Department.
2) The Director of the Department shall issue
the final decision within 90 calendar days after receipt of a timely and
sufficient request for an appeal, unless extended by action of the appellant.
Within the same 90 day period, the Director shall receive and accept, reject,
amend or return to the AHU for further proceedings the ALJ's recommendation.
The 90 day time period may be extended by the actions of the appellant. The
Director's decision is the final administrative decision of the
Department.
b) Notice of
the Availability of Judicial Review
The Department shall include a notice to appellants as part of
the final administrative decision. This notice shall advise the appellants
that, under the Administrative Review Law [ 735 ILCS 5 /Art. III], they may
seek judicial review of the final administrative decision within the statutory
time frame, if the final administrative decision is unfavorable to
them.
c) Who Receives Copies
of the Final Administrative Decision
The appellant or authorized representative, the Department's
legal representative, the Department child protection unit, the ALJ, the Chief
ALJ, and the SCR shall receive a copy of the final administrative
decision.
d) Notifying
Others of the Decision
1) The following
persons shall receive a notice of the final administrative decision from the
AHU:
A) the Illinois Department of Financial
and Professional Regulation, district, regional and private school
superintendents and the State Board of Education when they have been notified
that an appeal has been filed in accordance with 89 Ill. Adm. Code
300 (Reports
of Child Abuse and Neglect), Section
300.140;
B) administrators of child care facilities
and Department licensing staff when the appellant is an employee of a child
care facility; and
C) supervisors
or administrators notified in accordance with 89 Ill. Adm. Code
300.100(i).
2) The following persons shall
receive a notice of the final administrative decision, if the decision amends,
expunges or removes any record made under ANCRA Section 7.17:
A) parents or personal guardians of the child
victims if they are not the same as the appellant;
B) the mandated reporter who originally made
the report of child abuse or neglect; and
C) the juvenile court judge and guardian ad
litem and/or attorney for a minor (when a State ward is involved or the minor
is the subject of a petition under Article II of the Juvenile Court
Act).
