Ill. Admin. Code tit. 92 § 14.1190

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

Section 14.1190 - Hearings

a) Notice. The ALJ to whom the case is assigned, or the Division, shall give the parties reasonable notice of the time and place for a hearing or of the change in the date and place of a hearing and the nature of such hearing.

b) Evidence. Evidence presented at the hearing shall be given under oath unless waived by the ALJ and shall be limited to material evidence relevant to the issues in the proceedings. Neither the Division, nor the ALJ, shall be bound by the technical rules of evidence or pleading; and, no informality in any proceeding, in the manner of content or testimony taken in a proceeding, shall invalidate any agency Order, decision or ruling made, approved or confirmed by the Division.

c) Administrative Notice. The Division will take notice of its Orders, decisions, rules and regulations, and of any fact of which the courts and administrative agencies of the state of Illinois may take official notice.

d) Limitation of Witnesses. The ALJ may limit the number of witnesses whose testimony is merely cumulative. The ALJ shall excuse, and remove if necessary, witnesses not offering relevant and material evidence.

e) Construction. Rules with respect to evidence shall be applied toward the end that all needful and proper evidence shall be conveniently, inexpensively and speedily heard while preserving the substantial rights of the parties and the witnesses.

f) Objections to Evidence. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon, and the transcript shall not include argument or debate thereon except as ordered by the ALJ. Rulings on such objections shall be a part of the transcript, to the extent that a transcript may exist.

g) Exceptions. Formal exceptions to the rulings of the ALJ made during the course of the hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party, at the time of the ruling of the ALJ is made or sought, makes known the action he desires the ALJ to take or his objection to an action taken, and his grounds therefor.

h) Offers of Proof. Any offer of proof made in connection with an objection taken to any ruling of the ALJ, rejecting or excluding proffered oral testimony, shall consist of a statement of the substance of the evidence, which counsel contends would be adduced by such testimony; and, if the excluded evidence consists of evidence in documentary or written form, or reference to documents or records, a copy of such evidence shall be marked for identification and shall constitute the offer of proof.

i) Substitution of Copies for Original Exhibits. In his discretion, the ALJ may permit a party to withdraw original documents offered in evidence and substitute true copies in lieu thereof.

j) Record of Hearings. The ALJ shall determine whether the hearing shall be recorded electronically or whether a reporter shall record and prepare a transcript of the hearing. The ALJ shall make necessary arrangements for recording the hearing. If the record is made electronically, the unaltered tape or other recording medium shall be kept for three years. The tape shall be transcribed when the Division determines that it is necessary to do so (for example, for an appeal). The failure to have a stenographer prepare a transcript shall not invalidate a hearing.

k) Corrections to Transcript. Changes in the official transcript may be made only when errors affecting substance are found. A motion to correct a transcript may be filed within 10 days after notice of the official transcript is sent to a party and before an Order is entered. If no objection is received, the transcript shall be automatically corrected. If an objection is received, the ALJ shall enter an Order on the motion.

l) Briefs and Arguments. The ALJ may permit oral argument to be presented to him at the close of the hearing. Briefs and written argument may be submitted to him, if permitted by him in his discretion, and within the time prescribed by him. Copies of briefs and written arguments shall be served on all parties.

Ill. Admin. Code tit. 92, § 14.1190