# 92 Ill. Adm. Code 1001.230: Section 1001.230 Rules of Evidence

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_230

## Section

- **Citation:** 92 Ill. Adm. Code 1001.230
- **Heading:** Section 1001.230 Rules of Evidence
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 92 TRANSPORTATION / CHAPTER II: SECRETARY OF STATE / Part 1001 PROCEDURES AND STANDARDS / Section 1001.230 Rules of Evidence

## Text

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.)

## Nearby sections

- [92 Ill. Adm. Code 1001.200 Section 1001.200  Applicability](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_200.md)
- [92 Ill. Adm. Code 1001.210 Section 1001.210  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_210.md)
- [92 Ill. Adm. Code 1001.220 Section 1001.220  Hearings: Notice; Location; Procedures; Record](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_220.md)
- [92 Ill. Adm. Code 1001.230 Section 1001.230  Rules of Evidence](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_230.md)
- [92 Ill. Adm. Code 1001.240 Section 1001.240  Scope of Hearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_240.md)
- [92 Ill. Adm. Code 1001.250 Section 1001.250  Decisions and Orders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_250.md)
- [92 Ill. Adm. Code 1001.260 Section 1001.260  Rehearings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_260.md)
- [92 Ill. Adm. Code 1001.270 Section 1001.270  Judicial Review](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_270.md)
- [92 Ill. Adm. Code 1001.280 Section 1001.280  Invalidity](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_280.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T92_P1001_S1001_230. Check the current official text before relying on it. Not legal advice.
