a) Within 30 days after the conclusion of a hearing, the hearing officer shall provide a copy of the following to the Advisory Board:
- 1) hearing transcript;
- 2) hearing exhibits; and
- 3) instructions on how the Advisory Board can file a recommendation, including the name and mailing address of the Docket Clerk and any person who must be sent a copy of the Advisory Board's recommendation.
- b) The Advisory Board may make a recommendation in writing on the basis of the hearing transcript whether a sanction is appropriate and, if a sanction is appropriate, the suspension or revocation period.
- c) The rules of evidence specified in 35 Ill. Adm. Code 168.270 shall not apply to the Advisory Board's recommendation.
- d) The Advisory Board recommendation shall be submitted in writing to the Docket Clerk within 30 days after receipt of transcripts and shall include a statement of reasons for the Advisory Board's actions.
- e) If the Advisory Board makes a recommendation, the Advisory Board shall send a copy of the recommendation to the hearing officer, the Agency and the operator.
- f) The Agency may issue a decision without the Advisory Board's recommendation if the Advisory Board fails to submit its recommendation within 30 days after its receipt of the hearing transcript.
- g) The Advisory Board's recommendation is not binding on the Director.
- h) The Agency or the operator may file a response to the Advisory Board's recommendation within 15 days after the day the Advisory Board files its recommendation with the Docket Clerk.
(Source: Amended at 41 Ill. Reg. 14182, effective November 13, 2017)