Ill. Admin. Code tit. 41 § 210.140

Current through Register Vol. 48, No. 45, November 8, 2024

Section 210.140 - Evidence

a) All witnesses testifying at hearings shall testify upon oath or affirmation.

b) Admissibility of evidence shall be governed by Section 12 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1012).

c) When objection is made to the admissibility of evidence, the Hearing Officer shall either receive the disputed evidence subject to ruling at a later time, or may exclude the evidence at that time.

d) Upon his own motion or upon objection of any party, the hearing officer shall exclude inadmissible evidence.

e) A party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof.

f) Writings shall be legible and exhibits shall be plainly marked and identified. The hearing record shall reflect the identity of the party offering an exhibit and shall indicate whether it was admitted into evidence.

g) The Hearing Officer and the State Fire Marshal may take official notice of:

1) the customs, usages and traditions of fire safety;

2) Fire Prevention and Safety (41 Ill. Adm. Code 100);

3) matters within its specialized knowledge and expertise;

4) all matters of which the Circuit Courts of this state may take judicial notice.

Ill. Admin. Code tit. 41, § 210.140