Ill. Admin. Code tit. 23 § 3030.430

Current through Register Vol. 48, No. 44, November 1, 2024

Section 3030.430 - Conduct of Hearing

a) Hearings shall be open to the public.

b) All parties may be represented by legal counsel.

c) All parties shall be afforded opportunity to present evidence and argument and to respond to evidence and argument presented by other parties.

d) Each party shall have the right to present and examine witnesses appearing on their own behalf, to introduce exhibits, and to cross-examine opposing witnesses presented on any matter relevant to the issues. Subpoenas may be issued to compel the appearance of any witness or party.

e) Parties may agree by stipulation upon any fact involved in the hearing.

f) Any party shall have the right, upon written motion made at least 10 business days prior to the hearing, to inspect any relevant document in the possession of, or under the control of, any other party, subject to any statutory or constitutional privileges. Inspection of documents shall be at times and places reasonable for the custodian of the documents. Discovery depositions may be authorized at the discretion of the ALJ.

g) Disposition of the contested case may be made by stipulation, agreed settlement, consent order or default.

h) A request for continuance of a hearing is directed to the sound discretion of the ALJ. A continuance may be granted, for good cause shown, provided the request is received by the ALJ and other parties not less than 5 days prior to the hearing date or unless good cause is shown during the hearing. The request shall be in writing and shall set forth the grounds alleged. Oral request for continuances shall not be granted unless made during the hearing for good cause. "Good cause" is shown when a party demonstrates a real and compelling need for additional time.

i) No formal hearing shall be continued "generally". A continuance, when granted, shall state a date certain, not more than 60 days from the prior hearing date, when the hearing shall reconvene.

j) The ALJ shall conduct a fair and impartial hearing, take all necessary action to avoid undue delay, maintain order, and ensure development of a clear and complete record.

Ill. Admin. Code tit. 23, § 3030.430

Adopted at 39 Ill. Reg. 5140, effective 3/20/2015