Section 1110.70  Notice of Preliminary Hearing

a)         The Notice of Preliminary Hearing shall include:

1)         A statement of the time, place and nature of the hearing;

2)         A statement of the legal authority and jurisdiction under which the hearing is to be held;

3)         A reference to the particular Sections of the substantive and procedural statutes and rules involved;

4)         Except when a more detailed statement is otherwise provided for by law, a short and plain statement of the matters asserted, the consequences of a failure to respond, and the official file or other reference number.

5)         To the extent such information is available, the names, phone numbers, email addresses and mailing addresses of the administrative law judge or designated agency contact, parties, and all other persons to whom the agency gives notice of the hearing unless otherwise confidential by law. [5 ILCS 100/10-25(a)]

6)         A statement that the purpose of the Preliminary Hearing is to set a date on which all parties expect to be prepared to proceed with their cases and to rule on any preliminary motions that are presented.

b)         The Notice of Preliminary Hearing shall include a copy of the complaint, if any.

c)         Except as otherwise provided by statute, the Respondent or Petitioner will be given at least 20 days notice prior to the first date set for the preliminary hearing or hearings, as the case may be.  Once notice is given, it will thereafter be the responsibility of the Respondent or Petitioner to know subsequent hearing dates.

d)         Nothing in this Section will prevent the Division from scheduling a hearing within 20 days after the date on which the Director summarily suspends a license pending proceedings.

e)         Any contention that improper notice was given will be deemed waived unless it is raised by the Respondent prior to argument on any other motion or, if no other motions are presented, prior to the commencement of opening statements.          

(Source:  Amended at 43 Ill. Reg. 9969, effective September 13, 2019)