- a) This Part governing practice and procedure for administrative hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois Administrative Procedure Act (IAPA). Subpart B provides rules for Department hearings. Subpart C provides rules for hearings under the Smoke Free Illinois Act.
- b) This Part governs all contested cases in the Department of Public Health, State of Illinois, except as noted in subsection (d) of this Section. When a licensing statute prescribes certain procedures or requirements for licensure hearings, those procedures or requirements will be followed as though they were set forth in this Part. If there is a conflict between the licensing statute and this Part, the licensing statute shall prevail.
- c) This Part also applies to contested cases resulting from the Department's administration of any program on behalf of the United States government. If there is a conflict between federal regulations and this Part, federal regulations shall prevail.
- d) This Part does not govern informal administrative procedures established by the Department to resolve licensing issues or conflicts prior to initiating any action requiring a formal hearing.
(Source: Amended at 46 Ill. Reg. 8158, effective May 5, 2022)