Appeals Procedures, Board Review and Court Review

Section 1300.130  Appeals Procedures, Board Review and Court Review a)         ALJ's Recommended Decision and Order 1)         Parties may file exceptions to the ALJ's recommended decision and order, and briefs in support of those exceptions, not later than 3 days after service of the recommended decision and order.  All exceptions shall be filed and served in accordance with Section 1300.90.  Each party shall serve its exceptions on the other parties.  If the original exceptions are withdrawn, then all subsequent exceptions are moot.  A party not filing timely exceptions waives its right to object to the ALJ's recommended decision and order. 2)         Exceptions shall specifically set forth the questions of procedure, fact, law or policy to which exception is taken, shall identify that part of the ALJ's recommended decision and order to which objection is made, shall state the grounds for the exceptions, and shall include the citation of authorities unless set forth in a supporting brief.  Any exception to a ruling, finding, conclusion or recommendation that is not specifically urged shall be considered waived.  Any exception that fails to comply with the foregoing requirements may be disregarded. 3)         Any brief in support of exceptions shall be confined to the subjects raised in the exceptions and shall contain: A)        a clear and concise statement of the case containing all that is material to the consideration of the questions presented; B)        a specification of the questions involved and the issues to be argued; and C)        an argument presenting clearly the points of fact and law relied upon in support of the position taken on each question. 4)         The Board will review the ALJ's recommended decision and order upon timely filing of exceptions or at any time on its own motion.  The Board may adopt all, part or none of the recommended decision and order, depending on the extent to which it is consistent with the record and applicable law.  The Board shall issue and serve on all parties its decision and order.  If the gubernatorial designation is found to be proper by the Board in its decision and order, the Executive Director shall certify the position as a gubernatorial designation. 5)         If no exceptions to the ALJ's recommended decision and order have been filed within the prescribed time period, the parties will be considered to have waived their exceptions.  Unless the Board reviews the recommended decision and order upon its own motion, it will not be legal precedent and shall be final and binding only on the parties to that proceeding.  The Board's General Counsel shall issue an order so providing.  If the gubernatorial designation is found to be proper by the ALJ's recommended decision and order as supported by the General Counsel's order, the Executive Director shall certify the position as a gubernatorial designation. b)         Court Review of Board Orders A party aggrieved by a final order of the Illinois Labor Relations Board State Panel may obtain judicial review of that order in accordance with the Administrative Review Law [735 ILCS 5/Art. III], except that review shall be afforded directly in the Appellate Court for the district in which the party resides or does business, in accordance with Section 11(e) of the Act.