Ill. Admin. Code tit. 77 § 1130.1120

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

Section 1130.1120 - Discovery

a) Prior to hearing or at the prehearing conference, HFSRB shall provide all parties with a copy of HFSRB's reports relating to the Allegations of Noncompliance.

b) At least 21 days prior to the commencement of the hearing, each party shall provide all other parties with a copy of any document that it intends to offer into evidence. This subsection shall not require any party to again provide copies of those documents already provided by HFSRB under subsection (a).

c) At least 21 days prior to the commencement of the hearing, each party shall provide all other parties with a list containing the name and address of any witness who may be called to testify.

d) All parties shall be entitled to any exculpatory evidence in HFSRB's possession that tends to support the other party's position or that might impeach the credibility of HFSRB's witness.

e) Upon a written request by HFSRB, at any time after a notice or hearing request is filed, or at any stage of the hearing, the other parties shall be required to produce within seven days documents, books, records, or other evidence that relates directly to conduct of the business entity or other subject of the administrative hearing.

f) All parties shall be under a continuing obligation to promptly update requested discovery until the hearing is concluded without the necessity for further or additional requests.

g) There shall be no depositions for discovery purposes or interrogatories allowed in any proceedings brought pursuant to this Part, except as agreed to by the parties.

h) For good cause shown, including but not limited to age, infirmity, or inability to travel, evidentiary depositions shall be allowed, by the agreement of the parties or order of the administrative law judge.

i) Requests to Admit Facts and Genuineness of Documents shall be allowed in accordance with Supreme Court Rule 216.

j) Nothing contained in this Section shall preclude the parties from agreeing to the voluntary exchange of more information than is required.

Ill. Admin. Code tit. 77, § 1130.1120

Amended at 37 Ill. Reg. 6227, effective June 1, 2013