Ill. Admin. Code tit. 92, § 1001.780 - Mandatory Settlement Conference
a) The hearing officer assigned to the case
may order a mandatory settlement conference (conference) if it is felt that
such a conference would promote any of the following:
1) A clarification of issues and/or
violations;
2) A settlement of the
matter without a hearing;
3) What
each party expects from the hearing process and would settle for without a
hearing;
4) If a hearing is
necessary, an estimate of the length of the hearing, the number of witnesses
and volume of documentation, and an estimate of the hearing costs to be
assessed to the parties.
b) If the hearing officer orders a
conference, it shall be done by notifying the Secretary who shall then send a
Notice of Mandatory Settlement Conference to each party. This notice shall
advise the parties of the time and place of the conference and that failure to
appear, be prepared, or have authority to settle the matter could result in any
of the actions set forth in Section 29 of the Act .
c) A conference may be conducted in person or
by telephone as deemed appropriate by the hearing officer.
d) If the conference results in a settlement
of the matter to the satisfaction of the parties, the hearing officer shall
issue a written recommendation and if applicable the procedure set forth in
Section
1001.760(f)
of this Subpart may be followed.
e)
If the conference does not result in a settlement of the matter, the hearing
shall proceed as scheduled unless a motion to dismiss is granted on the grounds
of the protest being without merit and/or frivolous. In such case, the hearing
officer shall issue a proposed order and all of the ensuing procedures set
forth in Section
1001.770
of this Subpart relating to the issuance of a final order shall be
followed.
Notes
Amended at 23 Ill. Reg. 692, effective January 15, 1999
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