Ill. Admin. Code tit. 26, § 125.252 - Scope of Preliminary Hearing - Procedures - Evidence
The closed preliminary hearing is not an adjudication, but shall be an inquiry to elicit evidence on whether the complaint was filed on justifiable grounds and has some basis in fact and law.
a) The closed preliminary hearing shall be
conducted by the Hearing Officer.
b) The Hearing Officer shall record the
proceedings and make a copy of the recording available to either party upon
request. A party may record the proceedings by employing his or her own court
reporter or otherwise recording the hearing.
c) The closed preliminary hearing need not be
strictly adversarial in nature.
1) Any person
offering evidence, written or oral, shall affirm to the Hearing Officer that
his or her evidence is true to the best of his or her information and
belief;
2) Evidence may be
submitted in narrative form;
3) The
Hearing Officer shall not be bound to follow rules of evidence acceptable in an
Illinois court of record, but may admit and rely upon for his or her
recommendation evidence or information of a type commonly relied upon by
reasonably prudent men in the conduct of their affairs, as provided by Section
10-40(a) of the Illinois Administrative Procedure Act [
5 ILCS
100/10-40(a) ];
4) The complainant bears the burden of
introducing evidence or information sufficient under subsection (c)(3) for the
Board to conclude that the complaint has been filed on justifiable
grounds;
5) The complainant will
ordinarily present evidence or information supporting the complaint first in
order. The complainant will present his or her case first, except when
convenience to the Hearing Officer or the respondent requires the respondent to
proceed first. The consent, in such cases, of the complainant will be required.
The respondent may then present any information or evidence; and
6) The Hearing Officer may ask the
complainant or respondent any questions relevant to the charges of the
complaint. Any question is relevant if it has the possibility of eliciting an
answer that tends to make the ultimate fact of justifiable grounds more or less
likely.
d) At the close
of the hearing, the Hearing Officer shall summarize the content of the hearing
and his or her conclusions concerning the evidence and information represented
and draft a recommendation to the Board addressing whether the complaint was
filed on justifiable grounds. The Hearing Officer shall also attach to the
recommendation any documents tendered to the Board during the hearing, and
submit his or her recommendation to the Board for their consideration. The
Hearing Officer shall send a copy to the General Counsel, as well as to the
complainant and the respondent and their designated representatives.
e) The Hearing Officer shall have no
authority to rule on any questions of law raised by the complainant or
respondent, but shall note in the recommendation all such matters for the
Board's disposition.
f) At any time
before the Hearing Officer submits the recommendation, the complainant and
respondent may settle the matters between them, subject to the approval of the
Board. If the Board or a member of its staff is the complainant, the Hearing
Officer shall have the authority to enter into a stipulation for settlement
pursuant to Section
125.254,
subject to Board approval.
g) No
additional evidence shall be considered by the Hearing Officer after the
conclusion of the closed preliminary hearing.
Notes
Amended at 35 Ill. Reg. 2351, effective February 4, 2011
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