Section 1001.230 Rules of Evidence

Section 1001

Section 1001.230  Rules of

Evidence

a)         The hearing officer shall conduct the hearing, and with

respect to the hearing, shall have, but not be limited to, the following

powers:

1)         The authority to administer oaths;

2)         The authority to examine witnesses;

3)         The authority to issue subpoenas; and

4)         The authority to rule upon the admissibility of evidence.

b)         The hearing need not be conducted according to strict rules of

evidence.  Any relevant evidence may be admitted in a hearing held pursuant

hereto if it is of the type relied upon by reasonable, prudent persons in the

conduct of their affairs, regardless of the existence of any common law or

statutory rule which would render it inadmissible over objection in civil or

criminal actions.  The rules pertaining to privileged communications shall be

recognized in these hearings to the same extent as they are recognized in civil

actions.  Irrelevant and unduly repetitious evidence shall be excluded upon

objection.  Objections to evidentiary offers may be made and shall be noted in

the record, and ruled upon by the hearing officer.  Any petitioner 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 petitioner

may conduct cross-examination required for a full and fair disclosure of the

facts.

c)         The Secretary may offer into evidence, and the hearing officer

shall receive into evidence, any accident report forms required by Sections

11-406 and 11-410 of the Code and reports in the Secretary's possession

furnished by any law enforcement agency that may have investigated the

accident

titioner

may conduct cross-examination required for a full and fair disclosure of the

facts.

c)         The Secretary may offer into evidence, and the hearing officer

shall receive into evidence, any accident report forms required by Sections

11-406 and 11-410 of the Code and reports in the Secretary's possession

furnished by any law enforcement agency that may have investigated the

accident.  The person who made the report need not be present or testify at the

hearing; however, if such person is present his testimony may be taken in

corroboration of or in lieu of the reports.  Accident reports may be used in

support of the preliminary finding of the Secretary when used in conjunction

with testimony or other evidence, or when the petitioner refuses to testify.

d)         In cases where the operator of a motor vehicle is not the

owner, the establishment of ownership of the motor vehicle creates a rebuttable

presumption that the vehicle was being operated by the agent of the owner. As

such, the owner is liable for the negligence of the agent. Agency may also be

proven by other admissible evidence.  The weight given the presumption and

whether it is overcome, or whether agency is proven, are questions of fact for

determination by the hearing officer.  This presumption applies equally to

private and commercial vehicles.

e)         Upon proper motion, the hearing officer may grant petitioner

leave to submit additional relevant evidence.  Leave must be granted for a time

certain in no case to exceed 30 calendar days from the date of the hearing.

Leave to submit additional evidence must be made a matter of record. Leave will

not be granted to submit insurance letters or proof of compliance.

f)         The jurisdiction of the Safety Responsibility Hearing applies

to accidents that occur anywhere in Illinois and regardless of when the

accident occurred.  (See Sections 7-201 and 11-201 of the Code.)