a) When the decision-maker has not heard the administrative hearing or read the record and his or her final decision would be adverse to any party other than the Department, a proposal for decision shall be served upon all parties to the proceedings. The proposal for decision shall contain:
- 1) A statement of the reasons for the proposed decision;
- 2) A statement of each issue of fact or law necessary to the proposed decision.
- b) The proposed decision shall be prepared by the persons who conducted the hearing or one who has read the record.
- c) Any party adversely affected by the proposed decision shall have 20 days from the receipt of the proposal for decision in which to file written exceptions and a brief. [5 ILCS 100/10-45] Failure to file written exceptions and a brief in the time provided for in the proposal for decision shall be deemed a waiver of the right to file exceptions and a brief. The Department shall have 10 days to respond to the exceptions or brief.
- d) The proposal for decision shall be served on all parties personally or by certified mail.
- e) The decision-maker in his or her discretion may provide for oral arguments on the proposal for decision. If oral arguments are allowed, they shall be scheduled as convenient to the decision-maker.
(Source: Amended at 28 Ill. Reg. 1122, effective December 31, 2003)