77 Ill. Adm. Code 100.1
Authority and Applicability
Section 100
Section 100.1 Authority and
Applicability
a) This Part governing practice and procedure for administrative
hearings is promulgated pursuant to Section 5-10(a)(i) of the Illinois
Administrative Procedure Act (IAPA). Subpart B provides rules for Department
hearings. Subpart C provides rules for hearings under the Smoke Free Illinois
Act.
b) This Part governs all contested cases in the Department of
Public Health, State of Illinois, except as noted in subsection (d) of this
Section. When a licensing statute prescribes certain procedures or
requirements for licensure hearings, those procedures or requirements will be
followed as though they were set forth in this Part. If there is a conflict
between the licensing statute and this Part, the licensing statute shall
prevail.
c) This Part also applies to contested cases resulting from the
Department's administration of any program on behalf of the United States
government. If there is a conflict between federal regulations and this Part,
federal regulations shall prevail.
d) This Part does not govern informal administrative procedures
established by the Department to resolve licensing issues or conflicts prior to
initiating any action requiring a formal hearing.