Background

This transmittal amends section I-2-8-40 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions for when an administrative law judge (ALJ) conducts a hearing and is subsequently unavailable to issue a decision.

Explanation of Content and Changes

I-2-8-40 – We amended subsection A to clarify the instructions for when an unavailable ALJ approved a draft decision. We also added a cross-reference to HALLEX I-2-1-55 F, which provides case reassignment procedures for when an ALJ has held a hearing but has not approved a draft decision. We deleted subsection B because the information was removed to HALLEX I-2-1-55 F. With the prior subsection B deleted, the information previously in subsection C moved to the new subsection B. In the new subsection B, we identified public service as the primary consideration when a HOCALJ decides whether to sign a decision on an unavailable ALJ's behalf.

Date: April 9, 2019