Ill. Admin. Code tit. 83 § 200.830

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

Section 200.830 - Exceptions; Reply

a) Within 14 days after service of the Hearing Examiner's proposed order, or such other time as is fixed by the Hearing Examiner, any party or Staff witness may file exceptions to the proposed order in a brief designated "Brief on Exceptions" and within 7 days after the time for filing "Briefs on Exceptions" or such other time as is set by the Hearing Examiner, any party or Staff witness may file as a reply, "Brief in Reply to Exceptions."

b) Exceptions and replies thereto with respect to statements, findings of fact or rulings of law must be specific and must be stated and numbered separately in the brief. When exception is taken or reply thereto is made as to a statement or finding of fact, a suggested replacement statement or finding must be incorporated. Exceptions and replies thereto may contain written arguments in support of the position taken by the party or Staff witnesses filing such exceptions or reply. When exceptions contain such written arguments in support of the position taken, the arguments and exceptions may be filed:

1) together in one "Brief on Exceptions"; or

2) in two separate documents designated "Brief on Exceptions," containing arguments, and "Exceptions," containing the suggested replacement statements or findings.

c) Arguments in briefs on exception and replies to exceptions shall be concise, and, if in excess of 30 pages, shall contain:

1) A table of contents; and

2) A summary of the position of the party filing.

d) Parties and Staff shall not raise an argument in their replies to briefs on exception that is not responsive to any argument raised in any other party's or Staff's brief on exception.

e) Statements of fact in briefs on exception and replies to briefs on exception should be supported by citation to the record.

f) The Hearing Examiner, upon his or her own motion, or the motion of any party or Staff representative, may establish reasonable page limitations applicable to arguments included in briefs on exception and replies to briefs on exception.

Ill. Admin. Code tit. 83, § 200.830

Amended at 20 Ill. Reg. 10607, effective August 15, 1996