Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 508 - ADMINISTRATIVE HEARINGS › Section 508.110 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except for
			 hearings under 59 Ill. Adm. Code 50, 115, 117, 119, and 120, all hearings
			 conducted in any proceedings shall be open to the public subject to individual
			 rights to confidentiality.
b)
			 Hearings will be conducted by the Secretary or by an administrative law judge
			 appointed by the Secretary. If the Secretary conducts the hearing, any
			 reference in this Part to the administrative law judge shall be read to refer
			 to the Secretary, except for references that may limit the administrative law
			 judge's power as opposed to the Secretary's. The final decision-maker for the
			 hearing shall be designated by rule or statute governing the hearing. If there
			 is no such designation in rule or statute, the Secretary shall designate the
			 final decision-maker.
c) The
			 administrative law judge shall conduct hearings; administer oaths; issue
			 subpoenas; hold informal conferences for the settlement, simplification, or
			 definition of issues; dispose of procedural requests, motions, and similar
			 matters; continue the hearing from time to time when necessary; examine
			 witnesses; and rule upon the admissibility of evidence.
d) The administrative law judge shall direct
			 all parties to enter their appearances on the record.
e) Written opening arguments and written
			 closing arguments shall not be permitted unless all parties so stipulate or the
			 administrative law judge so directs.
f) Parties may by stipulation agree upon any
			 facts involved in the proceeding. The facts stipulated shall be considered as
			 evidence in the proceeding. Unless precluded by law, disposition may be made of
			 any administrative hearing by stipulation, agreed settlement, consent order,
			 default, or motion.
g) At any stage
			 of the hearing or after all parties have completed the presentation of their
			 evidence, the administrative law judge may call for further testimony, subject
			 to cross-examination by the parties.
h) The rules of evidence and privilege as
			 applied in civil cases in the circuit courts of this State shall be followed.
			 However, evidence not admissible under those rules of evidence may be admitted
			 (except where precluded by statuteor rule) if it is of a type commonly relied
			 upon by reasonably prudent persons in the conduct of their affairs. Immaterial,
			 irrelevant, or unduly repetitious material shall be excluded. A copy of the
			 whole or any part of an admissible book, record, paper, or memorandum of the
			 Department that is made by photostatic or other method of accurate and
			 permanent reproduction may be admitted in evidence at the hearing without
			 further proof of the accuracy of such copy. Objections to evidentiary offers
			 may be made and shall be noted in the record. Cross examination of each witness
			 shall be allowed. [5 ILCS
			 100/10-40 ]
i) Official notice may be taken of matters of
			 which circuit courts of this State may take judicial notice. In addition,
			 official notice may be taken of generally recognized technical or scientific
			 facts within the Department's specialized knowledge. Parties shall be notified
			 either before or during the hearing, or by reference in preliminary reports or
			 otherwise, of the material noticed, including any staff memoranda or data, and
			 they shall be afforded an opportunity to contest the material so noticed. The
			 Department's experience, technical competence and specialized knowledge may be
			 utilized in the evaluation of evidence. [5 ILCS
			 100/10-40 ]
j) Absent a showing of good cause, no
			 document shall be offered into evidence that was not disclosed in accordance
			 with the requirements in Section
			 508.100(a),
			 and no witness shall testify whose name was not provided pursuant to Section
			 508.100(d).
			 For purposes of this subsection, a showing of good cause shall mean that a
			 party, through no fault of its own, did not have knowledge of a document to be
			 offered into evidence or the name of a witness within the timeframe necessary
			 for compliance with Section
			 508.100(a) and
			 (b).
k) The Department will arrange for audio or
			 video taping or for a certified stenographic reporter (court reporter) to make
			 a stenographic record of the hearing in all administrative hearings under this
			 Part. Any person may make arrangements to obtain a copy of the stenographic
			 record from the reporter. The Department reserves the right to employ a
			 certified stenographic reporter. There shall be no audio or video taping apart
			 from any made by the certified stenographic reporter employed for those
			 purposes by the Department without the express consent of the administrative
			 law judge and all parties to the hearing.
l) Corrections to the transcript of the
			 hearing may be made by the Secretary or administrative law judge who heard the
			 matter.
m) If a party, or any
			 person at the direction of or in collusion with a party, violates any ruling or
			 order of the administrative law judge, the administrative law judge, on motion,
			 may enter such orders as are just, including, among others, the following:
1) that further proceedings be stayed until
			 the order or rule is complied with;
2) that the offending party be barred from
			 filing any other pleadings relating to any issue to which the refusal or
			 failure relates;
3) that the
			 offending party be barred from maintaining any particular claim or defense
			 relating to that issue;
4) that a
			 witness be barred from testifying concerning that issue;
5) that, as to claims or defenses asserted in
			 any pleading to which that issue is material, an order of default be entered
			 against the offending party or that the offending party's pleading be dismissed
			 without prejudice; or
6) that any
			 portion of the offending party's pleadings relating to that issue be stricken
			 and, if thereby made appropriate, judgment be entered as to the
			 issue.