Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.618 - Admissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. All
				requests to admit must be served upon a party no later than 35 days before
				hearing. All answers or objections to requests to admit must be served upon the
				party requesting the admission within 28 days after the service of the
				request.
b) Extension of Time.
				Under Sections
				101.522
				and
				101.610,
				the hearing officer may extend the time for filing any request, answer, or
				objection either before or after the expiration of time.
c) Request to Admit. Any party serving a
				request to admit under subsection (d) or (e) must include the following
				language in the first paragraph of the request: "Failure to respond to the
				following requests to admit within 28 days may have severe consequences. If you
				fail to respond to the following requests, you will be considered to have
				admitted that all the facts requested are true for this proceeding. If you have
				any questions about this procedure, you should contact the hearing officer
				assigned to this proceeding or an attorney."
d) Request for Admission of Fact. A party may
				serve a written request for admission of the truth of specific statements of
				fact on any other party.
e) Request
				for Admission of Genuineness of Document. A party may serve a written request
				for admission of the genuineness of documents on any other party. Copies of the
				document must be served unless the document has already been furnished in the
				present proceeding.
f) Admitted If
				Not Denied. Each of the matters of fact and the genuineness of each document of
				which admission is requested is admitted unless, within 28 days after service,
				the party to whom the request is directed serves upon the party requesting the
				admission either a sworn statement denying specifically the matters of which
				admission is requested or stating in detail the reasons why the party cannot
				truthfully admit or deny those matters, or written objections on the ground
				that some or all of the requested admissions are privileged or irrelevant or
				that the request is otherwise improper in whole or in part. If written
				objections to a part of the request are made, the remainder of the request must
				be answered within the period designated in the request. A denial must fairly
				address the substance of the requested admission.
g) Partial Denial or Qualification. If good
				faith requires that a party deny a part of a matter for which an admission is
				requested, or if a part requires qualification, the party must specify the part
				that is denied or qualified and admit only the remainder.
h) Objection. Any objection to a request or
				to any answer must be stated with specificity, and will be heard by the hearing
				officer upon notice and motion of the party making the request.
i) Effect of Admission. Any admission made by
				a party to a request under this Section is for the pending proceeding only. It
				is not an admission by the party for any other purpose and must not be used
				against him or her in any other proceeding.