Section 3500.300  Consideration of Requests for Relief

a)         Upon timely receipt of all information required in Section 3500.200 for a request for relief, the Executive Director shall request a copy of the Department's record regarding the petitioner.

b)         Upon receipt of the Department's record, the Executive Director shall make a record available to the Board members containing all information received from the petitioner, as well as the Department.

1)         Board members will be responsible for reviewing the record and may request additional information from the petitioner or the Department.  The petitioner and Department shall have 10 business days to submit any additional information requested.

2)         If a quorum of the Board is satisfied that there is sufficient evidence to consider whether the petitioner has met its burden of proof under Section 10(c) of the Act, the Board members will consider all information provided in the record, vote on the electronic voting record made available for this purpose, and issue a final administrative decision.

3)         If a quorum of the Board is not satisfied that there is sufficient evidence to consider whether the petitioner has met its burden of proof under Section 10(c) of the Act, the Board shall provide a notice of insufficient evidence to the petitioner. The notice will include information on how the petitioner may request a hearing before a quorum of the Board.

A)        If the petitioner wants to request a hearing, the petitioner must do so within 30 days from the date notice of insufficient evidence is sent.

B)        The request for a hearing must be in writing on forms made available by the Department through its website.

C)        If a hearing is not requested, a final administrative decision will be entered based upon the record available.

D)        If a hearing is requested, Board members will not vote or render a final administrative decision until after the requested hearing can be held.

c)         Upon completion of the electronic voting record by all Board members, the Executive Director will prepare an order for the Board consistent with the majority vote.

(Source:  Added at 47 Ill. Reg. 13469, effective September 8, 2023)