Section 338.150  Final Administrative Decision

a)         Making the Final Administrative Decision

The Director of the Department shall receive the recommended decision from the administrative law judge and shall agree, disagree, or modify the recommended decision based upon the preponderance of the evidence.  The Director's decision is the final administrative decision of the Department. If the decision requires corrective action by the Department, the Director shall appoint a Department staff person who shall be responsible for assuring compliance with the decision.

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 provisions of the Administrative Review Law [735 ILCS 5/Art. III], they may seek within the statutory time frame judicial review of the Department's decision if it is unfavorable to them.

c)         Who Receives Copies of the Final Administrative Decision

The appellant or authorized representative, the Department's Licensing Unit, the Department's representative, the administrative law judge (except for notices of internal review decisions), and the Administrator of the Administrative Hearings Unit shall receive a copy of the final administrative decision.