Section 150.100 Conduct of Hearings

Section 150

Section 150.100  Conduct of

Hearings

a)         All hearings conducted in any proceeding shall be open to the

public.

b)         The Hearing Officer shall have authority to conduct the

hearing, to rule on all motions, to administer oaths, to subpoena witnesses or

documents at the request of any party, to examine witnesses, and to rule upon

the admissibility of testimony and evidence.

c)         The rules of evidence shall be as authorized by Section

10-40(a) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(a)].

d)         Official notice will be taken as authorized by Section

10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

e)         Upon written request made, at least ten business days prior to

the hearing, a party shall furnish to other parties a list of the names and

addresses of prospective witnesses, and/or furnish written answers to a written

demand for a bill of particulars.

f)         Any party or his representative shall have the right, upon

written motion made at least ten business days prior to the hearing, to inspect

any relevant documents in the possession of or under the control of any other

party and to interview parties or persons having knowledge of relevant facts,

subject to any statutory or constitutional privileges. Interviews of persons

and inspection of documents shall be at times and places reasonable for the

person and for the custodian of the document. Discovery depositions are not

authorized, required or permitted in these administrative hearings.

g)         Oral evidence shall be taken only on oath or affirmation.

h)         Parties may agree by stipulation upon any facts involved in

the hearing.  The facts stipulated shall be considered as evidence in the

hearing

and places reasonable for the

person and for the custodian of the document. Discovery depositions are not

authorized, required or permitted in these administrative hearings.

g)         Oral evidence shall be taken only on oath or affirmation.

h)         Parties may agree by stipulation upon any facts involved in

the hearing.  The facts stipulated shall be considered as evidence in the

hearing.

i)          Each party shall have the right to request the subpoena of

and to call and to examine witnesses; to introduce exhibits and to

cross-examine witnesses on any matter relevant to the issues, even though that

matter was not covered in the direct examination.  Application to the Hearing

Officer assigned for subpoenas duces tecum shall specify the books, papers, and

documents desired to be produced.

j)          A party may serve on any other party a written request for

the admission by the latter of the truth of any specified relevant fact set

forth in the request or for the admission of genuineness of any relevant

documents described in the request.  Copies of the documents shall be served

with the request unless copies have already been furnished.

k)         Upon the opening of the hearing, the Hearing Officer shall

allow the parties to make opening statements.  Opening statements may be

reserved by a party until the start of that party's case.  Upon the close of

the hearing each party may make a closing statement orally and/or by written

brief at the discretion of the Hearing Officer, incorporating arguments of fact

and law.  A written brief will be required when the facts and issues are deemed

complicated by the Hearing Officer, and there is a need for parties to plead

their cases in writing for the record.

l)          In the hearing of any case, any party or his agent may be

called and examined as if under cross-examination at the instance of any

adverse party

g Officer, incorporating arguments of fact

and law.  A written brief will be required when the facts and issues are deemed

complicated by the Hearing Officer, and there is a need for parties to plead

their cases in writing for the record.

l)          In the hearing of any case, any party or his agent may be

called and examined as if under cross-examination at the instance of any

adverse party.  The party calling for the examination is not bound thereby, but

may rebut the testimony thus given by counter-testimony and may impeach the

witness by proof of prior inconsistent statements.  If the Hearing Officer

determines that a witness is hostile or unwilling, the witness may be examined

by the party calling him as if under cross-examination.  The party calling an

occurrence witness may, upon showing that he called the witness in good faith

but is surprised by his testimony, impeach the witness by proof of prior

inconsistent statements.

m)        Each party shall have the right to rebut the evidence against

him; to appear in person; and to be represented by counsel.  If a party does

not testify in his own behalf, he or she may be called by the Secretary of

State's representative and examined as if under cross-examination, but shall

not be compelled to incriminate himself or herself.

n)         Upon order of the Hearing Officer and upon at least five

business days notice to other parties, any party, including the Department, may

cause at his or its expense, a deposition of any witness to be taken for use as

evidence in a contested case, when the witness is not available, for example,

due to distance, time, cost to the party using the testimony, sickness,

infirmity, imprisonment, the witness being out of state or similar factors.

The deposition shall be taken in the manner provided by law for evidence

depositions in civil actions in the Circuit Courts of Illinois.  Any party may

direct written interrogatories to any other party

n the witness is not available, for example,

due to distance, time, cost to the party using the testimony, sickness,

infirmity, imprisonment, the witness being out of state or similar factors.

The deposition shall be taken in the manner provided by law for evidence

depositions in civil actions in the Circuit Courts of Illinois.  Any party may

direct written interrogatories to any other party. Interrogatories must be restricted

to the subject matter of the case, to avoid undue detail, and to avoid the

imposition of any unnecessary burden or expense on the answering party.

Written interrogatories shall be served on the opposing party no later than 15

business days before the hearing.  Objection to answers or refusals to answer

shall be heard on motion at the hearing before the Hearing Officer who shall

rule on the objection or refusal.  Answers shall be sworn.  If an answer to an

interrogatory may be obtained from documents in the possession or control of

the party on whom the interrogatories were served, it shall be a sufficient

answer to specify the documents and make them available to the inquiring party

to inspect and copy at the asking party's expense.

o)         At the request of any party or upon his own motion in a

complicated case, the Hearing Officer will call a prehearing conference.  At

the conference, the parties, or their representatives shall appear as the

Hearing Officer directs to consider:

1)         The simplification of the issues;

2)         Amendments to the grounds for action;

3)         The possibility of obtaining admissions and stipulations of

fact and of documents which will avoid unnecessary proof;

4)         The limitation of the number of expert witnesses;

5)         Any other matters which may aid in the disposition of the

contested case

g Officer directs to consider:

1)         The simplification of the issues;

2)         Amendments to the grounds for action;

3)         The possibility of obtaining admissions and stipulations of

fact and of documents which will avoid unnecessary proof;

4)         The limitation of the number of expert witnesses;

5)         Any other matters which may aid in the disposition of the

contested case.

p)         Upon the conclusion of a prehearing conference, the Hearing

Officer shall enter an order which recites any action taken, any agreements

made by the parties as to any of the matters considered, and the issues to be

heard.

q)         The burden of proof is upon the applicant for any relief in a

hearing. The standard of proof is the preponderance of the evidence.

r)          All exhibits for any party shall be clearly marked for

identification and as admitted into evidence by the Hearing Officer.

s)         Report of Proceedings.

1)         The Department shall, at its expense, have present at each

hearing, an electronic recording device or a qualified court reporter, for the

purpose of making a permanent and complete report of the proceedings, to-wit:

evidence admitted or tendered and not admitted, testimony, offer of proof,

objections, remarks of the Hearing Officer and of parties and/or their

representatives, and all rulings of the Hearing Officer.

2)         Upon request and at his own expense any party may have a copy

of said report of proceedings, from said court reporter, or transcribed from

the electronic device by the Department at the statutory rate as set forth in

805 ILCS 5.

t)          A request for continuance of a hearing is directed to the

sound discretion of the Hearing Officer to whom the case has been assigned for

hearing

)         Upon request and at his own expense any party may have a copy

of said report of proceedings, from said court reporter, or transcribed from

the electronic device by the Department at the statutory rate as set forth in

805 ILCS 5.

t)          A request for continuance of a hearing is directed to the

sound discretion of the Hearing Officer to whom the case has been assigned for

hearing.  Such continuance will be granted, for good cause shown, provided the

request is received by the Department and other parties not less than five days

prior to the hearing date unless good cause is shown during the hearing for a

continuance due to the need for new evidence, sudden unavailability of counsel,

sudden illness of a party, or similar reasons. Such request shall be in writing

and shall set forth the grounds alleged therefor.  Oral requests for

continuances shall not be granted unless made during the hearing for good

cause.  "Good cause" is shown when a Petitioner or Respondent

demonstrates a real and compelling need for additional time. "A real and

compelling need" includes, but is not limited to, service in the armed

forces or serious illness, relating to either party or that party's attorney.

u)         No formal hearing shall be continued "generally".  A

continuance, when granted, shall state a date certain, not more than sixty (60)

days from the prior hearing date at which time the hearing shall reconvene.