Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.313 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party shall be
				entitled to present its case by testimonial or documentary evidence, to submit
				rebuttal evidence,
and to conduct
cross-examination as
				may be required for a full and fair disclosure of facts
. [
				5 ILCS
				100/10-40(b) ] Testimonial evidence
				shall be taken only on oath or affirmation. Any cross-examination shall be
				limited to the scope of the direct examination.
b) The rules of evidence and privilege that
				apply in civil cases in Illinois circuit courts shall be followed. However,
				evidence not admissible under those rules may be admitted (unless precluded by
				statute) if it is of a type commonly relied upon by reasonably prudent men in
				the conduct of their affairs. [
				5 ILCS
				100/10-40(a) ]
c) The Chairman shall have the discretion to
				determine whether evidence being offered is reliable and whether the evidence
				should be admitted. The Chairman may exclude evidence that is irrelevant,
				immaterial or unduly repetitious. (See
				5 ILCS
				100/10-40(a).)
d)
Subject to
the
requirements
of this Subpart,
when a hearing will be
				expedited and
the interest of the parties will not be
				prejudiced
, the Chairman may allow
evidence to be received in
				written form
. [
				5 ILCS
				100/10-40(a) ]
e) If a party objects to the admission or
				rejection of any evidence or to the limitation to the scope of any examination
				or cross-examination, or to the failure to limit that scope, that party shall
				state briefly the grounds for the objection. Rulings on all objections shall
				appear in the record.
f) Official
				Notice: Official
notice may be taken
of any material fact not
				appearing in evidence in the record if
the circuit courts of this
				State
could
take judicial notice
of the fact. In
				addition,
notice may be taken of generally recognized technical
				or
scientific facts within the Board's specialized knowledge.
				Parties shall be notified either before or during the hearing of the material
				noticed, including any memoranda or data prepared by IHDA staff, and the
				parties shall be afforded an opportunity to contest the facts noticed. The
				experience, technical competence and specialized knowledge of the Board and
				IHDA may be utilized in the evaluation of the evidence
. [
				5 ILCS
				100/10-40(c) ]
g) Types of Evidence: The Board shall hear
				evidence only as to matters actually in dispute. Factual areas in which
				evidence may be heard if it is relevant to issues in dispute include, but are
				not limited to, the following:
1) health,
				safety and the environment
A) structural
				soundness of the proposed buildings;
B) adequacy of sewage arrangements;
C) adequacy of water drainage
				arrangements;
D) adequacy of fire
				protection;
E) adequacy of the
				Affordable Housing Developer's proposed arrangements for dealing with traffic
				circulation within the site, and feasibility of arrangements that could be made
				by the Local Government for dealing with traffic generated by the proposed
				housing on adjacent streets;
F)
				proximity of the proposed site to airports, industrial activities or other
				activities that may affect the health and safety of the occupants of the
				proposed housing;