Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 300 - PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION › Subpart G - FORMAL HEARINGS › Section 300.1070 - Application of the Rules of Evidence, Pleadings, and Procedures in a Formal Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Technical
				rules of evidence do not apply in a hearing before an ALJ. The decision of the
				ALJ will be based upon the evidence and testimony. The ALJ may rely upon
				evidence of a type commonly relied upon by a reasonably prudent person in the
				conduct of such person's affairs. Absence of employer records required to be
				made and kept by an employer pursuant to Section
				300.630 and Section 10 of the
				Act will not deny an aggrieved employee recovery of wages or final compensation
				on the basis that the aggrieved employee is unable to prove the precise extent
				of uncompensated work or final compensation. An aggrieved employee need only
				produce sufficient evidence to demonstrate the amount and extent of work or
				time earned as a just and reasonable inference. The employer must then produce
				evidence of the exact amount of work or time earned or produce evidence to
				negate the reasonable inferences drawn from the employee's evidence. The
				employer's failure to make and maintain records as required under Section
				300.630 shall not preclude a
				finding based on the information available that wages or final compensation are
				due, even though the award may be only approximate.
b) A complete record of all proceedings
				before the ALJ at the hearing shall be maintained. The record will consist of:
				a verbatim record of the parties and witnesses; all pleadings, motions,
				rulings, evidence received, matters officially noticed, offers of proof,
				objections and rulings on objections; decision and findings of fact; and any ex
				parte communications.
c) The
				testimony of a party or witness shall be sworn or affirmed. If a party or
				witness refuses to consent to the recording of the hearing by the ALJ or
				refuses to take the oath or affirmation when requested, the participation of
				that individual in the hearing shall be terminated, and the hearing shall be
				conducted as if the individual failed to appear.
d) Any document a party intends to introduce
				into evidence should be served by the party on the other party at least five
				days before the hearing. Documents previously submitted to the other party
				during the investigation need not be resubmitted. If the ALJ finds any document
				was not served or received, the ALJ may proceed or not proceed with the hearing
				or take such other action as the ALJ deems appropriate. No other written or
				oral discovery shall be allowed, except in extraordinary circumstances to
				facilitate or expedite the proceedings, but shall be limited to the specific
				issue or amount of the claim, as the ALJ deems appropriate.
e) The claimant has the burden of proving by
				a preponderance of the evidence the merits of the claim.
f) Upon the ALJ's own motion or upon good
				cause shown by a party, the ALJ may direct the parties or their counsel to meet
				with the ALJ for a prehearing conference.