Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 120 - RULES OF PROCEDURE IN ADMINISTRATIVE HEARINGS › Subpart D - PREHEARING CONFERENCES, DISCOVERY AND SUBPOENAS › Section 120.410 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
				discovery (e.g., deposition, interrogatories or request to produce or admit)
				shall not be permitted.
b)
				Disclosure of the following shall be required in accordance with the time
				periods set forth in this subsection (b) unless otherwise modified by the ALJ
				in the order issued pursuant to the pre-hearing conference:
1) Unless otherwise ordered by the ALJ at
				least 21 days prior to the commencement of the hearing, each party shall
				provide all parties with a copy of any document that it may offer into
				evidence. This subsection (b)(1) shall not require any party to provide copies
				of documents already provided. Each party shall provide newly discovered
				documents, except for witness statements, as they become known to the party
				intending to introduce the document.
2) Unless otherwise ordered by the ALJ at
				least 21 days prior to the commencement of the hearing, each party shall
				provide all parties with a list containing the name and address of any witness
				who may be called to testify. Each party shall provide newly discovered
				witnesses as they become known to the party intending to call the
				witness.
3) Unless otherwise
				ordered by the ALJ, after a witness called by the Department or a party has
				testified in a hearing, the ALJ shall, upon motion of a party, order the
				production of any statement, as defined in Section
				120.110,
				of the witness in the possession of the Department, which relates to the
				subject matter to which the witness has testified. If the entire contents of
				any statement relate to the subject matter of the testimony of the witness, the
				ALJ shall order it to be delivered directly to the requesting party for
				examination and use for the purpose of cross-examination. If the Department
				claims that any statement ordered to be produced under this subsection (b)(3)
				contains matter that does not relate to the subject matter of the testimony of
				the witness, the ALJ shall order the Department to deliver the statement for
				the inspection of the ALJ in camera. Upon delivery, the ALJ shall excise the
				portions of the statement that do not relate to the subject matter of the
				testimony of the witness, except that the ALJ may, in the ALJ's discretion,
				decline to excise portions that, although not relating to the subject matter of
				the testimony of the witness, do relate to other matters raised by the
				pleadings. With the material excised, the ALJ shall then direct delivery of the
				statement to the requesting party for use on cross-examination. If, pursuant to
				this procedure, any portion of the statement is withheld and the requesting
				party objects to the withholding, the entire text of the statement shall be
				preserved by the Department and, in the event the requesting party files
				exceptions with the Director based upon the withholding, shall be made
				available to the Director for the purpose of determining the correctness of the
				ruling of the ALJ. If the Department elects not to comply with the order of the
				ALJ directing delivery of any statement, or portion of a statement as the ALJ
				may direct, the ALJ shall strike from the record the testimony of the
				witness.