CHAPTER V: ILLINOIS LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
PART 1790 RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS
SECTION 1790.520 DISQUALIFICATION OF ADMINISTRATIVE LAW JUDGE
Section 1790.520 Disqualification of Administrative Law Judge
a) At any time prior to the issuance of the ALJ's decision or recommendations, a party may move to disqualify the ALJ on the grounds of bias or conflict of interest. The motion shall be made in writing, shall be accompanied by an affidavit signed and dated by the party or partys attorney, shall be filed according to Section 1790.190, and shall set out the specific instances of bias or conflict of interest. The Panel shall assign the matter for a determination to an ALJ not challenged in the motion. The case shall be suspended until a neutral ALJ rules on the motion.
b) Prior adverse rulings against a party or its attorney in other matters shall not, in and of themselves, constitute grounds for disqualification. The ALJs retention as an ALJ by the Board is not, in and of itself, a conflict of interest. On satisfactory evidence submitted by the party in support of the motion to disqualify, the reviewing ALJ shall remove the original ALJ and provide for the reassignment of the case to another ALJ to continue the hearing, including himself or herself. An ALJ may voluntarily disqualify himself or herself upon determining that bias or conflict of interest exists. Grounds for disqualification of an ALJ shall include, but not be limited to:
1) Financial interest or pecuniary benefit derived from any result of a hearing;
2) Personal friendship with any of the parties, witnesses, or attorneys involved;
3) Past representation of any of the parties or witnesses involved; or
4) Demonstrable predisposition on the issues.
c) The moving party has the burden of proof to show actual prejudice by a preponderance of the evidence. If the motion to disqualify an ALJ is denied, the other ALJ shall set forth in writing the reasons for the denial and the original ALJ shall proceed with the hearing. The motion to disqualify the ALJ and the reasons for the denial of the motion are part of the administrative record in the appeal of a final administrative decision upon conclusion of the hearing.