Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 2520 - STATE TOLL HIGHWAY RULES › Subpart F - TOLL VIOLATIONS - ADMINISTRATIVE ADJUDICATION SYSTEM › Section 2520.740 - Hearings Format

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each toll violation shall be considered an individual violation.
b) The Authority may be represented by an
				employee or duly authorized agent at the hearing or may proceed on the Notice
				of Violation. The hearing officer shall not present any evidence on behalf of
				the Authority; provided, however, that the Notice of Violation may be placed
				into the record by the hearing officer. A respondent may represent himself or
				herself or be represented by a duly authorized agent.
c) The Authority and the respondent may
				introduce into evidence, and the hearing officer may consider, all video or
				photo surveillance evidence relating to the alleged violations, the evidentiary
				foundation for which shall be presumed valid subject to rebuttal. A Notice of
				Violation or facsimile of the notice, sworn or affirmed to or certified by a
				duly authorized agent of the Authority based upon an inspection of photographs,
				microphotographs, videotape, or other recorded images produced by a video or
				photo surveillance system, shall be admitted as prima facie evidence of the
				correctness of the facts contained in the Notice of Violation.
d) Each party to the hearing may make an
				opening statement, call, examine and cross-examine witnesses, and offer
				evidence for the record. Evidence may be written or oral.
e) Each party may make a closing argument at
				the conclusion of the hearing.
f)
				No testimony shall be given or received at the hearing relating to discussions,
				offers, counter offers, rejections or admissions at any settlement conferences
				that may have occurred.
g) Any
				written stipulations of the parties may be introduced as evidence at the
				hearing. These stipulations shall be introduced at the beginning of the hearing
				and shall become part of the record of the hearing.
h) The Authority may, at its sole discretion,
				establish a process in which respondents may contest alleged violations by a
				telephonic hearing or mail-in hearing as opposed to an in-person
				hearing.
i) The hearing officer
				shall have full authority to conduct and control the procedure at the hearing.
				The hearing officer shall not be bound by the strict rules of evidence
				applicable to the courts; irrelevant, immaterial, or unduly repetitious
				evidence shall be excluded. Evidence not admissible under the rules of evidence
				may be admitted (except where precluded by statute) if it is of a type commonly
				relied upon by reasonably prudent persons in the conduct of their affairs.
				Objections to evidentiary offers may be made, shall be ruled upon by the
				hearing officer, and shall be noted in the record. Subject to these
				requirements, when a hearing will be expedited and the interests of the parties
				will not be prejudiced, any part of the evidence may be received in written
				form. Oral testimony in in-person or telephonic hearings may be recorded by
				audio or electronic means, provided that, in the event of a recording loss or
				malfunction, the hearing officer may prepare a written summary of the oral
				testimony for purposes of administrative review.
j) The hearing officer shall apply a
				preponderance of the evidence standard to determine respondent's liability for
				the alleged violations.
k) Upon
				completion of a hearing on the merits, the hearing officer shall issue a final
				order setting forth his or her findings as to liability or non-liability of the
				respondent. If the hearing officer finds for the Authority, the final order of
				liability shall assess the tolls, fines and fees that the respondent owes to
				the Authority. The final order of liability shall state that an additional fine
				of $50 per violation will be assessed, by operation of law and without further
				notice or order, if respondent fails to pay the proper toll, fine and/or fee to
				the Authority within 30 calendar days after the issuance of a final order of
				liability. A final order of liability shall inform the parties of their right
				to seek judicial review under the Administrative Review Law and include a
				statement that failure to satisfy any toll, fine or fee imposed by the final
				order of liability may result in the Secretary of State suspending the driving
				privileges, vehicle registration, or both of the registered vehicle
				owner.