Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart K - ADMINISTRATIVE HEARINGS › Section 176.1070 - Conduct of Formal Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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). 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. 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.