Ill. Admin. Code tit. 77 § 100.19

Current through Register Vol. 48, No. 49, December 6, 2024

Section 100.19 - Miscellaneous

a) Ex parte consultation. Except in the disposition of matters that the Department is authorized by law to entertain or dispose of on an ex parte basis, the administrative law judge or Director shall not, after notice of hearing, communicate directly or indirectly, in connection with any other issue of fact, with any person or party, his or her representative, or any person interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate. However, a Department member may communicate with other members of the Department and an administrative law judge may have the aid and advice of one or more personal assistants.

1)An ex parte communication received by the Director, any Department employee, or the administrative law judge shall be made a part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received.

2)Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications under this Section. (Section 10-60 of the IAPA)

b) Personal information. A party shall neither file in conjunction with any pleading, nor seek to introduce into evidence at any hearing, any document that contains unredacted personal information, as defined under Section 100.2. Administrative law judges shall reject the filing of any pleading that contains unredacted personal information. Additionally, an administrative law judge shall not receive into evidence any document containing unredacted personal information.

c) Computation of Time. The time within which any act under this Section is to be done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday as defined or fixed by statute in force in this State, and then it shall also be excluded. If the day succeeding the last day is a Saturday, Sunday or a holiday as defined or fixed by statute in force in this State, that day shall also be excluded.

d) Construction of Rules. In case of any conflict between this Part and the IAPA or a specific licensing statute, the terms of the latter shall control.

e) If the hearing is being conducted pursuant to federal law and there is a conflict between this Part and federal procedural or evidentiary requirements, then the federal requirements shall control.

f)Waiver. Compliance with any or all provisions concerning contested cases may be waived by written stipulation of all parties. (Section 10-70 of the IAPA)

Ill. Admin. Code tit. 77, § 100.19

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

Amended at 46 Ill. Reg. 8158, effective 5/5/2022