§336.220. Final Administrative Decision

a)         The Final Administrative Decision

 

1)         The Director of the Department shall issue the final decision within 35 calendar days after receipt of a timely and sufficient request for an expedited appeal, unless extended by action of the appellant. Within the same 35 day time period, the Director shall receive and accept, reject, amend or return to the AHU for further proceedings the ALJ's recommendation with respect to the expedited appeal. The Director's decision is the final administrative decision of the Department.  

 

2)         The Director of the Department shall issue the final decision within 90 calendar days after receipt of a timely and sufficient request for an appeal, unless extended by action of the appellant.  Within the same 90 day period, the Director shall receive and accept, reject, amend or return to the AHU for further proceedings the ALJ's recommendation. The 90 day time period may be extended by the actions of the appellant. The Director's decision is the final administrative decision of the Department. 

 

b)         Notice of the Availability of Judicial Review

The Department shall include a notice to appellants as part of the final administrative decision.  This notice shall advise the appellants that, under the Administrative Review Law [735 ILCS 5/Art. III], they may seek judicial review of the final administrative decision within the statutory time frame, if the final administrative decision is unfavorable to them.

 

c)         Who Receives Copies of the Final Administrative Decision

The appellant or authorized representative, the Department's legal representative, the Department child protection unit, the ALJ, the Chief ALJ, and the SCR  shall receive a copy of the final administrative decision.

 

d)         Notifying Others of the Decision

 

1)         The following persons shall receive a notice of the final administrative decision from the AHU:

 

A)        the Illinois Department of Financial and Professional Regulation, district, regional and private school superintendents and the State Board of Education when they have been notified that an appeal has been filed in accordance with 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect), Section 300.140;

 

B)        administrators of child care facilities and Department licensing staff when the appellant is an employee of a child care facility; and

 

C)        supervisors or administrators notified in accordance with 89 Ill. Adm. Code 300.100(i).

 

2)         The following persons shall receive a notice of the final administrative decision, if the decision amends, expunges or removes any record made under ANCRA Section 7.17:

 

A)        parents or personal guardians of the child victims if they are not the same as the appellant;

 

B)        the mandated reporter who originally made the report of child abuse or neglect; and

 

C)        the juvenile court judge and guardian ad litem and/or attorney for a minor (when a State ward is involved or the minor is the subject of a petition under Article II of the Juvenile Court Act).

 

(Source:  Amended at 41 Ill. Reg. 15260, effective December 6, 2017)