§120.520. Disqualification of Administrative Law Judge

At any time prior to the issuance of the Administrative Law Judge's decision or recommendations, a party may move to disqualify the Administrative Law Judge on the grounds of bias or conflict of interest. The motion shall be made in writing to the General Counsel, with a copy to the Director and the Administrative Law Judge, setting out the specific instances of bias or conflict of interest.  The General Counsel will assign the matter for a determination to an Administrative Law Judge not challenged in the motion.  An adverse decision or ruling, in and of itself, is not  grounds for disqualification. The Administrative Law Judge's employment or contract as an Administrative Law Judge by the Department is not, in and of itself, a conflict of interest. The case shall be suspended until the neutral Administrative Law Judge rules on the motion.  The neutral Administrative Law Judge may decline to disqualify the presiding Administrative Law Judge or appoint another Administrative Law Judge to hear the case.

 

(Source:  Amended at 30 Ill. Reg. 10424, effective May 24, 2006)