Illinois Administrative Code › Title 14 - COMMERCE › Part 150 - BUSINESS CORPORATION ACT › Subpart A - HEARING PROCEDURES › Section 150.100 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				hearings conducted in any proceeding shall be open to the public.
b) The Hearing Officer shall have authority
				to conduct the hearing, to rule on all motions, to administer oaths, to
				subpoena witnesses or documents at the request of any party, to examine
				witnesses, and to rule upon the admissibility of testimony and
				evidence.
c) The rules of evidence
				shall be as authorized by Section 10-40(a) of the Illinois Administrative
				Procedure Act [5 ILCS
				100/10-40(a) ].
d) Official notice will be taken as
				authorized by Section 10-40(c) of the Illinois Administrative Procedure Act
				[5 ILCS
				100/10-40(c) ].
e) Upon written request made, at least ten
				business days prior to the hearing, a party shall furnish to other parties a
				list of the names and addresses of prospective witnesses, and/or furnish
				written answers to a written demand for a bill of particulars.
f) Any party or his representative shall have
				the right, upon written motion made at least ten business days prior to the
				hearing, to inspect any relevant documents in the possession of or under the
				control of any other party and to interview parties or persons having knowledge
				of relevant facts, subject to any statutory or constitutional privileges.
				Interviews of persons and inspection of documents shall be at times and places
				reasonable for the person and for the custodian of the document. Discovery
				depositions are not authorized, required or permitted in these administrative
				hearings.
g) Oral evidence shall be
				taken only on oath or affirmation.
h) Parties may agree by stipulation upon any
				facts involved in the hearing. The facts stipulated shall be considered as
				evidence in the hearing.
i) Each
				party shall have the right to request the subpoena of and to call and to
				examine witnesses; to introduce exhibits and to cross-examine witnesses on any
				matter relevant to the issues, even though that matter was not covered in the
				direct examination. Application to the Hearing Officer assigned for subpoenas
				duces tecum shall specify the books, papers, and documents desired to be
				produced.
j) A party may serve on
				any other party a written request for the admission by the latter of the truth
				of any specified relevant fact set forth in the request or for the admission of
				genuineness of any relevant documents described in the request. Copies of the
				documents shall be served with the request unless copies have already been
				furnished.
k) Upon the opening of
				the hearing, the Hearing Officer shall allow the parties to make opening
				statements. Opening statements may be reserved by a party until the start of
				that party's case. Upon the close of the hearing each party may make a closing
				statement orally and/or by written brief at the discretion of the Hearing
				Officer, incorporating arguments of fact and law. A written brief will be
				required when the facts and issues are deemed complicated by the Hearing
				Officer, and there is a need for parties to plead their cases in writing for
				the record.
l) In the hearing of
				any case, any party or his agent may be called and examined as if under
				cross-examination at the instance of any adverse party. The party calling for
				the examination is not bound thereby, but may rebut the testimony thus given by
				counter-testimony and may impeach the witness by proof of prior inconsistent
				statements. If the Hearing Officer determines that a witness is hostile or
				unwilling, the witness may be examined by the party calling him as if under
				cross-examination. The party calling an occurrence witness may, upon showing
				that he called the witness in good faith but is surprised by his testimony,
				impeach the witness by proof of prior inconsistent statements.
m) Each party shall have the right to rebut
				the evidence against him; to appear in person; and to be represented by
				counsel. If a party does not testify in his own behalf, he or she may be called
				by the Secretary of State's representative and examined as if under
				cross-examination, but shall not be compelled to incriminate himself or
				herself.
n) Upon order of the
				Hearing Officer and upon at least five business days notice to other parties,
				any party, including the Department, may cause at his or its expense, a
				deposition of any witness to be taken for use as evidence in a contested case,
				when the witness is not available, for example, due to distance, time, cost to
				the party using the testimony, sickness, infirmity, imprisonment, the witness
				being out of state or similar factors. The deposition shall be taken in the
				manner provided by law for evidence depositions in civil actions in the Circuit
				Courts of Illinois. Any party may direct written interrogatories to any other
				party. Interrogatories must be restricted to the subject matter of the case, to
				avoid undue detail, and to avoid the imposition of any unnecessary burden or
				expense on the answering party. Written interrogatories shall be served on the
				opposing party no later than 15 business days before the hearing. Objection to
				answers or refusals to answer shall be heard on motion at the hearing before
				the Hearing Officer who shall rule on the objection or refusal. Answers shall
				be sworn. If an answer to an interrogatory may be obtained from documents in
				the possession or control of the party on whom the interrogatories were served,
				it shall be a sufficient answer to specify the documents and make them
				available to the inquiring party to inspect and copy at the asking party's
				expense.
o) At the request of any
				party or upon his own motion in a complicated case, the Hearing Officer will
				call a prehearing conference. At the conference, the parties, or their
				representatives shall appear as the Hearing Officer directs to consider:
1) The simplification of the
				issues;
2) Amendments to the
				grounds for action;
3) The
				possibility of obtaining admissions and stipulations of fact and of documents
				which will avoid unnecessary proof;
4) The limitation of the number of expert
				witnesses;
5) Any other matters
				which may aid in the disposition of the contested case.