Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1105 - HEARING PROCEDURES › Subpart B - CONTESTED CASES › Section 1105.180 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided in subsection (b) of this Section or in the Board's rules relating to
				the Freedom of Information Act [5 ILCS 140 ], no Board member or employee of
				the Board shall produce or present any files, documents, reports, memoranda, or
				records of the Board in any contested case proceeding held pursuant to the
				rules of the Board, whether in response to a subpoena duces tecum or otherwise,
				without the written consent of the Board. Nor shall any such person testify in
				behalf of any party in any such proceeding with respect to any information,
				facts, or other matter coming to his or her knowledge in his or her official
				capacity or with respect to the contents of any files, documents, reports,
				memoranda, or records of the Board, whether in answer to a subpoena or
				otherwise, without the written consent of the Board. The Board will consent
				upon a demonstration of the absolute necessity of such documents or testimony
				to the case and the impossibility of obtaining the evidence sought from any
				other source.
b) Notwithstanding
				the prohibitions of subsection (a) of this Section, after a witness called by
				the charging party or the respondent has testified in a hearing upon an unfair
				labor practice complaint, the Administrative Law Judge shall, upon motion of
				the opposing party, inspect in camera any statement (as hereinafter defined) of
				such witness in the possession of the Board. The Administrative Law Judge shall
				excise the portions of such statement which, although not relating to the
				subject matter of the testimony of the witness, do relate to other matters
				raised by the pleadings. With such material excised, the Administrative Law
				Judge shall then direct delivery of such statement to the parties for use on
				cross-examination and redirect. If, pursuant to such procedure, any portion of
				such statement is withheld from the parties and a party objects to such
				withholding, the entire text of such statement shall be preserved by the
				Administrative Law Judge, and, in the event a party files exceptions with the
				Board based upon such withholding, shall be made available to the Board for the
				purpose of determining the correctness of the ruling of the Administrative Law
				Judge. If the entire contents of any such statement relate to the subject
				matter of the testimony of the witness, the Administrative Law Judge shall
				order it to be delivered directly to the parties for examination and use for
				the purpose of cross-examination and redirect. The right to inspect any such
				statements shall be waived if the motion to have the Administrative Law Judge
				inspect and deliver the statement for use in cross-examination is not made
				before the witness is excused from the stand.
c) The term "statement" as used in this
				Section means:
1) A written statement made by
				said witness and signed or otherwise adopted or approved by him; or
2) A stenographic, mechanical, electrical, or
				other recording, or a transcription thereof, which is a substantially verbatim
				recital of an oral statement made by said witness to an agent of the party
				obligated to produce the statement and recorded contemporaneously with the
				making of such oral statement.