Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 14 - AVIATION SAFETY › Subpart K - HELIPORTS/VERTIPORTS › Section 14.1190 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice. The ALJ
				to whom the case is assigned, or the Division, shall give the parties
				reasonable notice of the time and place for a hearing or of the change in the
				date and place of a hearing and the nature of such hearing.
b) Evidence. Evidence presented at the
				hearing shall be given under oath unless waived by the ALJ and shall be limited
				to material evidence relevant to the issues in the proceedings. Neither the
				Division, nor the ALJ, shall be bound by the technical rules of evidence or
				pleading; and, no informality in any proceeding, in the manner of content or
				testimony taken in a proceeding, shall invalidate any agency Order, decision or
				ruling made, approved or confirmed by the Division.
c) Administrative Notice. The Division will
				take notice of its Orders, decisions, rules and regulations, and of any fact of
				which the courts and administrative agencies of the state of Illinois may take
				official notice.
d) Limitation of
				Witnesses. The ALJ may limit the number of witnesses whose testimony is merely
				cumulative. The ALJ shall excuse, and remove if necessary, witnesses not
				offering relevant and material evidence.
e) Construction. Rules with respect to
				evidence shall be applied toward the end that all needful and proper evidence
				shall be conveniently, inexpensively and speedily heard while preserving the
				substantial rights of the parties and the witnesses.
f) Objections to Evidence. Objections to the
				admission or exclusion of evidence shall be in short form, stating the grounds
				of objections relied upon, and the transcript shall not include argument or
				debate thereon except as ordered by the ALJ. Rulings on such objections shall
				be a part of the transcript, to the extent that a transcript may
				exist.
g) Exceptions. Formal
				exceptions to the rulings of the ALJ made during the course of the hearing are
				unnecessary. For all purposes for which an exception otherwise would be taken,
				it is sufficient that a party, at the time of the ruling of the ALJ is made or
				sought, makes known the action he desires the ALJ to take or his objection to
				an action taken, and his grounds therefor.
h) Offers of Proof. Any offer of proof made
				in connection with an objection taken to any ruling of the ALJ, rejecting or
				excluding proffered oral testimony, shall consist of a statement of the
				substance of the evidence, which counsel contends would be adduced by such
				testimony; and, if the excluded evidence consists of evidence in documentary or
				written form, or reference to documents or records, a copy of such evidence
				shall be marked for identification and shall constitute the offer of
				proof.
i) Substitution of Copies
				for Original Exhibits. In his discretion, the ALJ may permit a party to
				withdraw original documents offered in evidence and substitute true copies in
				lieu thereof.
j) Record of
				Hearings. The ALJ shall determine whether the hearing shall be recorded
				electronically or whether a reporter shall record and prepare a transcript of
				the hearing. The ALJ shall make necessary arrangements for recording the
				hearing. If the record is made electronically, the unaltered tape or other
				recording medium shall be kept for three years. The tape shall be transcribed
				when the Division determines that it is necessary to do so (for example, for an
				appeal). The failure to have a stenographer prepare a transcript shall not
				invalidate a hearing.
k)
				Corrections to Transcript. Changes in the official transcript may be made only
				when errors affecting substance are found. A motion to correct a transcript may
				be filed within 10 days after notice of the official transcript is sent to a
				party and before an Order is entered. If no objection is received, the
				transcript shall be automatically corrected. If an objection is received, the
				ALJ shall enter an Order on the motion.
l) Briefs and Arguments. The ALJ may permit
				oral argument to be presented to him at the close of the hearing. Briefs and
				written argument may be submitted to him, if permitted by him in his
				discretion, and within the time prescribed by him. Copies of briefs and written
				arguments shall be served on all parties.