Ill. Admin. Code tit. 68 § 1110.140

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

Section 1110.140 - Subpoenas

a) The Chief Administrative Law Judge, or another Administrative Law Judge designated by the Chief, will issue subpoenas for the attendance of witnesses or production of books, records, documents or other evidence.

b) Any Respondent or Petitioner seeking issuance of a subpoena shall submit a request in writing to the Chief Administrative Law Judge.

c) The request shall set forth facts to demonstrate that the documents or testimony sought are relevant to the issues contained in the Complaint, Notice of Intent to Deny, Notice of Intent to Refuse to Renew, or Petition pending before the Division and are not otherwise excludable by law or by rule.

d) A request for subpoena may be denied if insufficient information is provided in the request to make such a determination.

e) Except for Division investigators, examiners, and profession coordinators who participated in the investigation of the case, the Chief Administrative Law Judge shall not generally issue subpoenas for the testimony of Department or Division officers or employees or members of any Division Board.

f) Upon refusal by an Administrative Law Judge to issue any subpoena, the licensee will be entitled to a hearing before another Administrative Law Judge, to be conducted as a matter of record.

g) Service of subpoenas and payment of witness fees and expenses shall be as provided in Section 2105-105 of the DFPR Law.

Ill. Admin. Code tit. 68, § 1110.140

Amended at 43 Ill. Reg. 9969, effective 9/13/2019