Ill. Admin. Code tit. 8, § 1.22
Qualifications and Authority of the Department's Administrative Law Judges
Effective Oct 5, 199216 Ill. Reg. 15850AUTHORITY: Implementing and authorized by Sections 5-10, 5-145, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-40, 10-50, and 10-60 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-10, 1005-145, 1010-5, 1010-10, 1010-15, 1010-20, 1010-25, 1010-30, 1010-35, 1010-40, 1010-50, and 1010-60) and the Freedom of Information Act (Ill. Rev. Stat. 1991, ch. 116, par. 201 et seq.).DEPARTMENT OF AGRICULTURE
a) Appointment and qualifications of the administrative law judges: In accordance with Section 10-20 of the Illinois Administrative Procedure Act, the following persons are authorized to act as administrative law judges:
- 1) the Director;
- 2) the Director may appoint an attorney licensed to practice law in Illinois; or
3) the Director may appoint a person as an administrative law judge who is not licensed to practice law in Illinois, provided such person meets the following minimum qualifications:
- A) The person has at least two years of experience in administrative law.
- B) The person has knowledge of evidentiary procedures and of the procedures for formal administrative proceedings.
- C) The person has knowledge of the laws, rules and regulations applicable to the Department.
- D) The person has the ability to prepare complex and technical legal documents.
- E) The person has the ability and skill to analyze and appraise facts, evidence, legal and administrative documents, records, and audits in order to obtain a clear mental picture of the issues involved.
b) Authority of the Department's administrative law judge: The administrative law judge shall have the authority to conduct a contested case hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. The administrative law judge shall have all powers necessary to these ends, including but not limited to the power to:
- 1) rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence;
- 2) regulate the course of the hearings and conduct of the parties and their counsel therein;
- 3) examine witnesses, take depositions, and issue subpoenas that require attendance, the giving of testimony and the production of books, papers and other documentary evidence necessary for resolution of the matter;
- 4) make findings of fact and conclusions of law and issue an order of the Department; and
- 5) direct parties to appear and confer for the settlement or simplification of the issues, or any other purpose pertinent to the formal administrative proceeding.
(Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992)