Ill. Admin. Code tit. 77 § 100.18

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

Section 100.18 - Records of Proceedings

a) A full and complete record shall be kept of all proceedings. The record shall include the following:

1) all pleadings (including all notices and responses thereto), motions, and rulings;

2) an audio recording or stenographic transcript of the hearing, if any, and all evidence received;

3) a statement of matters officially noticed;

4) any offers of proof, objections and rulings thereon;

5) any proposed findings and exceptions;

6) any decision, opinion, or report by the administrative law judge;

7) all staff memoranda or data submitted to the administrative law judge or members of the Department in connection with their consideration of the case; and

8) any communication prohibited by Section 10-60 of the IAPA. No such communication shall form the basis for any finding of fact. (Section 10-35 of the IAPA)

b) The record shall not contain the following unless a party requests that the document or documents be included in the record:

1) Subpoenas;

2) Requests for Subpoenas:

3) Cover letters;

4) Notices of Filing;

5) Certificates of Mailing for regular mail; and

6) Discovery Requests.

c) The Department shall be the official custodian of the records of administrative hearings held before the Department.

Ill. Admin. Code tit. 77, § 100.18

Amended at 34 Ill. Reg. 11768, effective July 30, 2010