Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.424 - Prehearing Filings of Testimony, Questions, Responses, and Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The proponent
				must file all written testimony and any related exhibits 21 days before the
				hearing at which the witness testifies, unless the hearing officer directs
				otherwise.
b) The hearing officer
				may require the prehearing filing of testimony, questions, responses, and any
				related exhibits by the proponent or participants other than the proponent if
				the hearing officer determines that the procedure will provide for a more
				efficient hearing.
c) All
				prehearing testimony, questions, responses, and any related exhibits must be
				filed with the Clerk in accordance with 35 Ill. Adm. Code
				101.302(h).
				Persons filing these prehearing documents must serve them in accordance with 35
				Ill. Adm. Code
				101.304(c)
				upon the hearing officer, the Agency, the Attorney General's Office, DNR, the
				proponent, and each participant appearing on any service list, unless otherwise
				specified by the hearing officer. The service must be initiated on or before
				the date that the prehearing documents are filed with the Clerk.
d) All prehearing testimony, questions,
				responses, and any related exhibits must be labeled with the docket number of
				the proceeding, the name of the witness corresponding to the material, and the
				title of the material.
e) The
				proponent and each participant who has filed testimony, questions, responses,
				or any related exhibits before hearing must bring to the hearing the number of
				paper copies of the material that the hearing officer designates.
f) Testimony, questions, and responses that
				are timely filed before the hearing will be entered into the record as if read,
				unless the hearing officer determines that it will aid public understanding to
				have the material read at the hearing. All persons testifying will be sworn and
				subject to cross-examination. Modifications to prehearing documents may be
				allowed by the hearing officer at the hearing if the modifications are either
				nonsubstantive in nature or would not materially prejudice another person's
				participation at the hearing. Objections to hearing officer rulings allowing or
				disallowing the modifications are waived unless raised at the
				hearing.
g) When prehearing filing
				of testimony, questions, responses, and any related exhibits is required under
				subsection (a) or (b), material that is not timely filed will be allowed at the
				hearing only if time permits and the hearing officer determines that allowing
				the material will not materially prejudice the proponent or any other
				participant. Any of these documents that is not allowed at the hearing because
				it was not timely filed before the hearing can be filed after the hearing as a
				public comment.
h) For a video
				conference hearing under Section 102.114, in addition to the other requirements
				of this Section, all written testimony, questions, responses, and any related
				exhibits, as well as any other document to be offered as a hearing exhibit,
				must be received by the Clerk's Office at least 24 hours before the scheduled
				start of the hearing. Any of these documents that is not filed at least 24
				hours before the scheduled start of the video conference hearing will not be
				allowed at the hearing, but can be filed after the hearing as a public
				comment.