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01-4074 Thompson v. Illinois Dep't of Professional Regulation

By: dmc-admin//August 12, 2002//

01-4074 Thompson v. Illinois Dep't of Professional Regulation

By: dmc-admin//August 12, 2002//

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“The IDCMS job description of the Chief ALJ’s duties includes: directing subordinate staff, formulating procedures for the hearing programs, advising peer review committees, developing hearing program goals, and directing and implementing the program budget. Most of the Chief ALJ’s time is spent on these activities, approximately eighty-five percent. While any one of these activities alone might not be considered policymaking, together they indicate that the Chief ALJ spends a considerable amount of time formulating policy and implementing broad goals. Thompson counters that as Chief ALJ he, in fact, has very limited powers and is an impartial, quasi-judicial official. Two of the duties described in the IDCMS job description do support Thompson’s assertions. The Chief ALJ is described as making ‘independent decisions’ and exercising ‘judicial impartiality’. However, those duties comprise less than fifteen percent of the Chief ALJ’s overall responsibilities. Moreover, even in performing these duties the Chief ALJ reports to the director, preparing recommendations not independent decisions. Based on the description alone, it is apparent that the Chief ALJ is a policymaking official within the IDPR. The Chief ALJ performs a variety of functions overseeing activities of subordinates, implementing policy and broad goals, and providing legal advice to numerous professional discipline boards. See Elrod, 427 U.S. at 367-68; Branti, 445 U.S. at 518. In attaching this job description and thus asserting that the description was true and correct – and not refuting or adding to the description in the complaint – Thompson pled himself out of court.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Conlon, J., Bauer, J.

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