Ill. Admin. Code tit. 38, § 100.130 - Discovery
a) Discovery shall
not be the subject of motions presented to the ALJ, except when a motion is
made alleging failure to comply with this provision and requesting appropriate
relief.
b) Upon a written request
served on the opposing Party, or by order of the ALJ, a Party shall be entitled
to:
1) The name and address of any witness
who may be called to testify, including identification of any witness to be
offered as an expert;
2) Copies of
any document that may be offered as evidence;
3) A description of any other evidence that
may be offered;
4) With respect to
a request from the Petitioner of sufficient particularity to identify the
evidence sought, nonprivileged and nonconfidential evidence in the Department's
possession that tends to support the Petitioner's position or to demonstrate a
potential conflict of interest of a Department witness; and
5) With respect to a request from the
Petitioner, a copy of any nonprivileged and nonconfidential Division
investigative report that purports to be a memorandum of interview of the
Petitioner.
c) The
information listed in subsection (b) shall be provided within 30 days after
service of a request or as otherwise directed by an ALJ. In the event that the
Division withholds any evidence asserted to be privileged or confidential (see
subsections (b)(4) and (b)(5)), the Division shall give notice to the other
Party that it is doing so and provide a general description of the evidence
withheld. Notwithstanding any provision of this Section, the other Party may
file a motion regarding the Division's withholding of evidence asserted to be
privileged or confidential.
d) Upon
a written request served on the Petitioner, at any time after a Petition for
Hearing is filed, or at any stage of the Hearing, the Petitioner will be
required to produce documents, books, records, or other evidence that relate
directly or indirectly to the Petitioner's conduct at issue in the contested
Administrative Decision; provided, however, that nothing in this Section shall
limit the Secretary's or Director's powers to request, demand, or subpoena
information or testimony under applicable law.
e) Nothing in this Section shall prevent the
Parties in a contested case from agreeing to a mutual exchange of information
that is more extensive than what is provided for in this Section.
f) This provision will be construed to impose
a continuing obligation upon the Parties to exchange new information as it
becomes available.
g) No
depositions will be taken, interrogatories proposed, or other discovery
mechanism used without the mutual agreement of the Parties. However, subject to
privilege as applied in civil cases in the circuit courts of this State and to
grants of confidentiality under applicable law, a Party may serve on any other
Party a written request for the admission of genuineness of any relevant
document. The request shall be served and responded to in the manner set forth
by Illinois Supreme Court Rule 216. The ALJ may provide additional time to
respond for good cause.
h) Service
of notice upon a Party's officers, directors or equivalent, employees, or
agents of the Division's intention to take the Party's testimony at a Formal
Hearing is sufficient to require the Party's attendance at the Formal Hearing
at the Party's own cost.
i) No file
of a Division examiner, investigator, attorney, or any other employee shall be
subject to discovery, except as provided in subsection (b).
Notes
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