Ill. Admin. Code tit. 11 § 1800.730

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1800.730 - Appointment of Administrative Law Judge

a) The Chairman of the Board may provide for or appoint a Board member or an attorney admitted to the practice of law by, and in good standing with, the Illinois Supreme Court as an Administrative Law Judge to conduct a hearing in accordance with this Subpart. If designated, the Administrator may provide for the appointment of an Administrative Law Judge to conduct a hearing in accordance with this Subpart. The licensee will be copied on the letter of appointment and the letter will serve as notice of the pendency of the hearing. The Administrative Law Judge shall establish a status date and notify the parties of that date.

b) If the licensee believes the Administrative Law Judge is biased or has a conflict of interest, the licensee may file with the Board a motion to disqualify the Administrative Law Judge from conducting the hearing. The motion must be in writing, accompanied by an affidavit signed and dated by the licensee setting forth the specific grounds for disqualification. The licensee shall serve a copy of the motion on the Administrative Law Judge. Prior adverse rulings against the licensee or its attorney in other matters shall not, in and of themselves, constitute grounds for disqualification. On satisfactory evidence submitted by the licensee in support of the motion to disqualify, the Board shall remove the Administrative Law Judge and provide for the reassignment of the case to another Administrative Law Judge to continue the hearing. Any Administrative Law Judge may voluntarily disqualify himself upon determining that bias or conflict of interest exists. Grounds for disqualification of Administrative Law Judge shall include but not be limited to:

1) Financial interest or pecuniary benefit derived from the gaming industry;

2) Personal friendship with any of the parties, witnesses or attorneys involved;

3) Past representation of any of the parties or witnesses involved; or

4) Demonstrable pre-disposition on the issues.

c) If the motion to disqualify an Administrative Law Judge is denied, the Board shall set forth in writing the reasons for the denial and the Administrative Law Judge will proceed with the hearing. The motion to disqualify the Administrative Law Judge and the reasons for the denial of the motion will be part of the administrative record in the appeal of a final administrative decision upon conclusion of the hearing.

Ill. Admin. Code tit. 11, § 1800.730