# 14 Ill. Adm. Code 176.1070: Section 176.1070 Conduct of Formal Hearings

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T14_P176_S176_1070

## Section

- **Citation:** 14 Ill. Adm. Code 176.1070
- **Heading:** Section 176.1070 Conduct of Formal Hearings
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 14 COMMERCE / CHAPTER I: SECRETARY OF STATE / Part 176 NOTARY PUBLIC RECORDS / Section 176.1070 Conduct of Formal Hearings

## Text

Section 176.1070  Conduct of Formal Hearings
a)         All
hearings conducted in any proceeding will be open to the public.
b)         Every
hearing will be presided over by a hearing officer duly appointed by the
Secretary.  The hearing officer will have the authority to conduct the hearing,
rule on all motions, administer oaths, subpoena witnesses or documents at the
request of any party, examine witnesses, and rule upon the admissibility of
testimony and evidence.  The Secretary may also appoint a representative to
appear and participate in the hearing on the Secretary's behalf.  Before
evidence is taken, the petitioner or respondent may request disqualification of
the hearing officer by making a motion for disqualification on the record that
states the specific grounds upon which it is alleged that the hearing officer
cannot provide a fair and impartial hearing.  The hearing officer will rule
upon the motion.  If the motion is denied, the hearing will proceed, or the
petitioner may withdraw from the hearing.  If the motion is granted, the case will
be transferred to another hearing officer for a hearing on the same day if
possible.  If it is not possible to schedule a hearing on the same day, the
Secretary will assign another hearing officer, who will schedule a new hearing
date.
c)         Depositions and
Interrogatories
1)         Upon
order of the hearing officer, for good cause shown, and upon reasonable notice
to other parties, any party, including the Department, may take, at its own
expense, the testimony of any party or person by deposition upon oral
examination or written questions for the purpose of discovery or for use as
evidence in the action in a contested case (for example, when the witness is
not available because of distance, time, cost to the party using the testimony,
sickness, infirmity, imprisonment, the witness being out of state, or similar
factors)
own
expense, the testimony of any party or person by deposition upon oral
examination or written questions for the purpose of discovery or for use as
evidence in the action in a contested case (for example, when the witness is
not available because of distance, time, cost to the party using the testimony,
sickness, infirmity, imprisonment, the witness being out of state, or similar
factors).  The notice, order, or stipulation to take a deposition must specify
whether the deposition is to be a discovery deposition or an evidence
deposition.  In the absence of specification, a deposition is a discovery
deposition only.  If both discovery and evidence depositions are desired of the
same witness, they must be taken separately, unless the parties stipulate
otherwise or the hearing officer orders otherwise upon notice and motion.  The
deposition must be taken in the manner provided by law for discovery and
evidence depositions in civil actions in the Circuit Courts of Illinois.
2)         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
the imposition of any unnecessary burden or expense on the answering party.
Sworn answers or objections to interrogatories directed to the Index Department
or the Secretary of State may be made by a designated agent, including the
Department's counsel, who shall furnish such information as is available.
Written interrogatories must be served on the opposing party not later than 15
business days before the hearing.  Objections to questions or refusals to
answer will be heard as motions at the hearing before the hearing officer, who will
rule on the objection or refusal.  Answers shall be sworn
ated agent, including the
Department's counsel, who shall furnish such information as is available.
Written interrogatories must be served on the opposing party not later than 15
business days before the hearing.  Objections to questions or refusals to
answer will be heard as motions at the hearing before the hearing officer, who will
rule on the objection or refusal.  Answers shall be sworn.  If an answer to an
interrogatory can be obtained from documents in the possession or control of
the party on whom the interrogatories are served, it is 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.  This subsection (c)(2) does not apply
to objections or refusals to answer interrogatories.
d)         Rules
of Evidence.  The technical rules of evidence shall not apply.  Any relevant
evidence may be admitted if it is the sort of evidence relied upon by
reasonably prudent people in the conduct of their affairs.  The existence of
any common law or statutory exclusionary rule that might make improper the
admission of the evidence over objections in civil or criminal actions shall
not be a bar to the admissibility of otherwise relevant evidence.  The rules of
privilege shall be followed to the same extent that they are now or may be
recognized in later civil actions.  Irrelevant, immaterial, or unduly
repetitious evidence may be excluded upon objection.  Objections to evidentiary
offers may be made and will be noted in the record and ruled upon by the
hearing officer.  Any party may make an offer of proof following an adverse
evidentiary ruling.  Subject to these requirements, when a hearing will be
expedited and the interests of the parties will not be prejudiced, any part of
the evidence may be received in written form.  Subject to the evidentiary
requirements of this subsection, a party may conduct cross-examination required
for a full and fair disclosure of the facts
make an offer of proof following an adverse
evidentiary ruling.  Subject to these requirements, when a hearing will be
expedited and the interests of the parties will not be prejudiced, any part of
the evidence may be received in written form.  Subject to the evidentiary
requirements of this subsection, a party may conduct cross-examination required
for a full and fair disclosure of the facts.
e)         List
of Witnesses and Bill of Particulars.  Upon written request made at least 10
business days before the hearing, a party shall furnish to the other parties a
list of the names and addresses of prospective witnesses or written answers to
a written demand for a bill of particulars.
f)         Inspection
of Documents and Interview of Parties
1)         Any
party or its representatives shall have the right, upon the filing of a written
motion with proper proof of service, to inspect any relevant document in the
possession of or under the control of any other party before the formal
hearing.  The inspection of documents shall occur at the location the formal
hearing is scheduled.
2)         Any
party may file a written motion seeking to interview parties or persons having
knowledge of relevant facts, subject to any statutory or constitutional
privileges.  Upon order of the hearing officer, for good cause shown, and upon
reasonable notice to other parties, any party, including the Department of
Administrative Hearings, may interview at its own expense, parties or persons
having knowledge of relevant facts.  Interviews of persons and inspection of
documents shall be at times and places reasonable for the persons and the
custodian of the document.
g)         Admissions.
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 in the request or for
the admission of the genuineness of any relevant documents described in the
request
ews of persons and inspection of
documents shall be at times and places reasonable for the persons and the
custodian of the document.
g)         Admissions.
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 in the request or for
the admission of the 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.
h)         Right
to Call Witnesses, Cross-Examine, Subpoena Documents and Introduce Exhibits.
Each party shall have the right to request the subpoena of witnesses, to call
and examine witnesses, to introduce exhibits, and to cross-examine witnesses on
any matter relevant to the issues even if that matter was not covered in the
direct examination.  Applications to the hearing officer assigned to the case
for subpoenas duces tecum must specify the books, papers and documents desired
to be produced.
i)          Pre-hearing
Conference.  At the request of any party or upon the hearing officer's own
motion, the hearing officer may call a pre-hearing conference.  At the
conference, the parties or their representatives shall appear as the hearing
officer directs.  Matters that may be considered at a pre-hearing conference
include, but are not limited to:
1)         The
simplification of the issues;
2)         Amendments
to the grounds for action;
3)         The
possibility of obtaining admissions, stipulations of fact, and documents that
will avoid unnecessary proof;
4)         The
limitation of the number of expert witnesses; and
5)         Any
other matters that may aid in the disposition of the contested case.
j)          Order
from Pre-hearing Conference.  After a pre-hearing conference, the hearing
officer will enter an order reciting any action taken, any agreements made by
the parties as to any of the matters considered, and the issues to be heard.
k)         Oath
limitation of the number of expert witnesses; and
5)         Any
other matters that may aid in the disposition of the contested case.
j)          Order
from Pre-hearing Conference.  After a pre-hearing conference, the hearing
officer will enter an order reciting any action taken, any agreements made by
the parties as to any of the matters considered, and the issues to be heard.
k)         Oath.  Testimony shall
be taken only on oath or affirmation.
l)          Stipulations.
Parties may agree by stipulation upon any facts involved in the hearing.  The
facts stipulated shall be considered as evidence in the hearing.
m)        Official
Notice.  The hearing officer may take official notice of past hearings and of
any matter of which the Circuit Courts of Illinois may take judicial notice.
In addition, official notice may be taken of generally recognized technical or
scientific facts with the Department's specialized knowledge.  Parties will be
notified either before or during the hearing, or by reference in preliminary
reports or otherwise, of the material noticed, including staff memoranda and
data, and they will be given an opportunity to contest the material so noticed.
The Department's and the hearing officer's experience, technical competence,
and specialized knowledge may be used in the evaluation of the evidence.
n)         Rights
of Parties.  Each party shall have the right to rebut the evidence against that
party, to appear in person, and to be represented by counsel.  If a party does
not testify on its own behalf, it may be called by the Secretary of State's
representative and examined as if under cross-examination.
o)         Opening
and Closing Statements.  Upon the opening of the hearing, the hearing officer will
allow the parties to make opening statements.  Opening statements may not be
made at any other time, except at the discretion of the hearing officer
arty does
not testify on its own behalf, it may be called by the Secretary of State's
representative and examined as if under cross-examination.
o)         Opening
and Closing Statements.  Upon the opening of the hearing, the hearing officer will
allow the parties to make opening statements.  Opening statements may not be
made at any other time, except at the discretion of the hearing officer.  Upon
the close of the hearing, each party may make a closing statement orally, by
written brief, or both, at the discretion of the hearing officer, incorporating
arguments of fact and law.  A written brief may be required when the hearing
officer determines that the facts and issues are complicated and the parties
must plead their cases in writing for the record.
p)         Exhibits.
All exhibits must be clearly marked for identification and admitted into
evidence by the hearing officer.
q)         Cross-examination
of Witnesses.  In the hearing of any case, any party may call any other party
or its agent as an adverse witness and examine that witness as if under
cross-examination.  The adverse party calling for the examination is not bound
by the testimony of the adverse witness, but may rebut the testimony given and
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 the witness as if under cross-examination.  The
party calling an occurrence witness may, upon showing that the party called the
witness in good faith but is surprised by the testimony, impeach the witness by
proof of prior inconsistent statements.
r)          Burden
of Proof.  The general burden of proof is upon the petitioner for any relief in
a hearing.  The standard of proof is the preponderance of the evidence.
s)         Interpreters
and the Deaf and Hard of Hearing
ess may, upon showing that the party called the
witness in good faith but is surprised by the testimony, impeach the witness by
proof of prior inconsistent statements.
r)          Burden
of Proof.  The general burden of proof is upon the petitioner for any relief in
a hearing.  The standard of proof is the preponderance of the evidence.
s)         Interpreters
and the Deaf and Hard of Hearing.  The Secretary will provide, upon prior
written request, an interpreter for parties who are deaf or hard of hearing and
wish to testify.  Providing a language interpreter, however, is the
responsibility of the petitioner or respondent.
t)          Report of Proceedings
and Obtaining a Copy of Record
1)         The
Department of Administrative Hearings will, at its expense, have present at
each formal hearing an electronic or digital recording device or a qualified
court reporter to make a permanent and complete report of the proceedings,
including evidence admitted or tendered and not admitted, testimony, offers of
proof, objections, remarks of the hearing officer and of the parties and their
representatives, and all rulings of the hearing officer.
2)         Upon
written request and at the party's own expense, any party may obtain a copy of
the report of proceedings from the court reporter or the electronic device from
the Department of Administrative Hearings.  The party must pay $25 to the
Secretary of State, in advance, to cover the cost of making an electronic or
digital copy and mailing.
u)         Motions to Continue and
Withdraw and Leave to Submit Original Documents
1)         Motions
to Continue by a Petitioner or Respondent and Grounds.  Hearings before the
Department of Administrative Hearings will be continued only pursuant to a
motion that complies with Section 176.1050 and is filed on or before the date
of the hearing, made over the telephone before or on the date of the hearing,
or made in person on the day of the hearing
Submit Original Documents
1)         Motions
to Continue by a Petitioner or Respondent and Grounds.  Hearings before the
Department of Administrative Hearings will be continued only pursuant to a
motion that complies with Section 176.1050 and is filed on or before the date
of the hearing, made over the telephone before or on the date of the hearing,
or made in person on the day of the hearing.  The movant shall set forth the
grounds for the motion, which are limited to unforeseen, unavoidable, or
uncontrollable circumstances, such as an Act of God, the recent discovery of
new evidence, the sudden illness or death of the movant, a member of the movant's
immediate family, or the movant's legal counsel, or if the movant can
demonstrate some other real and compelling need for additional time.  A Motion
to Continue may be supported by evidence that tends to prove the grounds
alleged, including sworn testimony taken at a motion hearing on the day of the
hearing.  The inability to obtain transportation to the hearing site or a party's
failure or inability to obtain the documentation required to fulfill the
minimum requirements to be issued relief are not circumstances that justify
continuing a hearing.
2)         Continued
to a Date Certain.  A formal hearing will not be continued "generally".
A continuance, if granted, will state a date certain on which the hearing shall
reconvene.  If the petitioner is not prepared to go forward after the first
continuance, a request to withdraw must be submitted or an Order of Default
shall be entered.
A)        Written
Motions to Continue filed at least 15 days before the date of the hearing
specified in the Notice of Hearing or notice of a continued hearing date will
be given priority in rescheduling over motions filed or made less than 15 days before
the date of the hearing or made on the date of the hearing
a request to withdraw must be submitted or an Order of Default
shall be entered.
A)        Written
Motions to Continue filed at least 15 days before the date of the hearing
specified in the Notice of Hearing or notice of a continued hearing date will
be given priority in rescheduling over motions filed or made less than 15 days before
the date of the hearing or made on the date of the hearing.  The Department
will rule upon Motions to Continue filed at least 15 days before the date of
the hearing and, when possible, notify the movant of its ruling before the date
of the hearing.  If the motion is denied, the movant must appear at and proceed
with the hearing or withdraw from the hearing or an Order of Default shall be
entered.
B)        Motions
to Continue made by telephone less than 15 days before the date of the hearing
specified in the Notice of Hearing or notice of a continued hearing date must
also be filed in writing and received or postmarked no more than 5 days after
the date of the hearing to be considered.  A Motion to Continue made in writing
less than 15 days before the date of the hearing specified in the Notice of
Hearing or notice of a continued hearing date must be received and postmarked
no more than 5 days after the date of the hearing.  The Department of
Administrative Hearings cannot assure the movant that it will rule upon these
motions before the date of the hearing.
C)        It is
the responsibility of the movant to inform the Department of Administrative
Hearings, in the Motion to Continue or during a telephone conversation, what
course of action the movant wishes to take if the motion is denied (either to
appear and proceed with the hearing, withdraw, or default).  In all cases, it
is also the responsibility of a movant who has not been notified of the
Department's ruling to contact the Department of Administrative Hearings on or
before the day of the hearing to determine whether the hearing officer has
ruled on the motion
of action the movant wishes to take if the motion is denied (either to
appear and proceed with the hearing, withdraw, or default).  In all cases, it
is also the responsibility of a movant who has not been notified of the
Department's ruling to contact the Department of Administrative Hearings on or
before the day of the hearing to determine whether the hearing officer has
ruled on the motion.  A movant's failure to appear after a Motion to Continue
is denied will result in the entry of an Order of Default.
3)         Motions
Made by the Secretary or the Index Department.  The Department may also make or
file a Motion to Continue for unforeseen, unavoidable, or uncontrollable
circumstances, such as an Act of God, the recent discovery of new evidence, the
sudden illness or death of the hearing officer, the attorney representing the
Secretary of State, a witness, or a member of the immediate family of one of
these entities, or if the Department can demonstrate some other real and
compelling need for additional time.
4)         Motions
to Withdraw.  Except as provided in this subsection (u)(4), a petitioner may
withdraw from a hearing for any reason.  A Motion to Withdraw made in person or
by telephone on or before the day of the hearing must be followed up with a
written motion that is received no more than 10 days after the date of the
hearing.  A Motion to Withdraw made in writing must be received or postmarked not
more than 10 days after the date of the hearing.  Failure to do so will result
in an Order of Default.  Once a petitioner is placed under oath, a request to
withdraw from a hearing that, in the hearing officer's judgment, is based upon
surprise evidence presented or adverse evidence shall not be granted.  Upon
withdrawal, the requested relief will not be considered and the petition is
dismissed.  Should the petitioner request another hearing, it must be done in
writing and it will be treated as any other request for a hearing
r oath, a request to
withdraw from a hearing that, in the hearing officer's judgment, is based upon
surprise evidence presented or adverse evidence shall not be granted.  Upon
withdrawal, the requested relief will not be considered and the petition is
dismissed.  Should the petitioner request another hearing, it must be done in
writing and it will be treated as any other request for a hearing.
5)         Motions
for Leave to Submit Original Document.  As provided in this subsection (u), the
petitioner may request leave to submit original documents if the petitioner
proceeds with the hearing, offering copies of documents when originals are
required.  The hearing shall be completed and the petitioner shall be granted
leave to submit the original documents.
6)         Attorney's
Appearance on File.  A Motion to Continue or Withdraw made by any attorney on
behalf of a petitioner or respondent will not be considered unless the attorney
has filed a written notice of appearance as provided in Section 176.1010.

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- [14 Ill. Adm. Code 176.1070 Section 176.1070  Conduct of Formal Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T14_P176_S176_1070.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T14_P176_S176_1070. Check the current official text before relying on it. Not legal advice.