Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart D - PREHEARING CONFERENCES, DISCOVERY AND SUBPOENAS › Section 120.420 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The ALJ shall,
				on the written application of any party, issue subpoenas to a party allowing
				that party to require the attendance and testimony of witnesses and the
				production of any evidence, including books, records, correspondence or
				documents. The Director shall have the authority to sign and issue subpoenas on
				behalf of the Department. Applications for subpoenas made before or during the
				hearing shall be filed with the ALJ. Applications for subpoenas may be made ex
				parte. The subpoena shall show on its face the name and address of the party at
				whose request the subpoena was issued.
b) Subpoenas may be served by personal
				delivery, by certified mail with return receipt signed by private delivery
				service, or by U.S. regular mail, postage prepaid. Any person served with a
				subpoena, whether ad testificandum (for witness testimony) or duces tecum (for
				document production), who does not intend to comply with the subpoena, shall,
				within 5 days after the date of service of the subpoena, petition in writing to
				revoke the subpoena. The date of service for purposes of computing the time for
				filing a petition to revoke shall be the date the subpoena is received. All
				petitions to revoke subpoenas shall be served on the party at whose request the
				subpoena was issued. The petition to revoke, if made prior to or during the
				hearing shall be filed with the ALJ.
c) The ALJ, upon motion made promptly and, in
				any event, at or before the time specified in the subpoena for compliance, may
				quash or modify the subpoena if it is unreasonable, is oppressive or requests
				material that is irrelevant. The ALJ will rule upon motions to quash or modify
				material requested in the subpoena. The ALJ may deny, limit or condition the
				production of information when necessary to prevent undue delay, undue expense,
				harassment or oppression. The ALJ can take these actions if the subpoena does
				not describe with sufficient particularity the evidence whose production is
				required, or if, for any other reason sufficient in law, the subpoena is
				otherwise invalid. The ALJ can also take these actions to protect materials
				from disclosure consistent with a protective order issued by the ALJ. If the
				Request for Subpoena is denied or modified, the ALJ shall proceed to conduct
				the hearing, and the specific reasons for denying or modifying the request
				shall be made part of the record.
d) If a party or organization within control
				of a party fails to obey a subpoena, and the ALJ finds the subpoena to have
				been validly served and the material requested to be relevant and material, the
				ALJ may impose such sanctions as are appropriate, including but not limited to:
				prohibiting testimony by the party who has refused to comply with the subpoena;
				drawing an adverse inference against the party required to comply; or
				recognizing the evidence required by the subpoena but not produced as
				establishing the truth of the position of the party who subpoenaed the
				document. If a nonparty fails to obey a subpoena, the party seeking enforcement
				shall be responsible for preparing an application for enforcement and shall
				file it in a court of appropriate jurisdiction.
e) Witnesses summoned before the ALJ, other
				than those summoned by the Department, shall be paid the same fees and mileage
				that are paid witnesses in the court of the county where the hearing is being
				held. Witness fees and mileage shall be paid by the party at whose instance the
				witnesses appear.