Ill. Admin. Code tit. 38, § 100.140 - Subpoenas
a) The Chief
Administrative Law Judge, or their designated ALJ, will issue subpoenas for the
attendance of witnesses or production of books, records, documents or other
evidence; 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.
b)
Any Petitioner seeking issuance of a subpoena shall submit a request in writing
to the Chief Administrative Law Judge. A proposed subpoena shall be attached to
the request.
c) The request shall
set forth facts to demonstrate that the documents or testimony sought are
relevant to the case pending before the Division and are not otherwise
excludable by law or by rule.
d) A
request for subpoena may be denied if insufficient information is provided in
the request to make such a determination.
e) Except for Division investigators and
examiners who participated in the investigation of the case, the Chief
Administrative Law Judge shall not generally issue subpoenas for the testimony
of Department or Division officers or employees.
f) Upon refusal by an ALJ to issue any
subpoena, the Petitioner will be entitled to a Hearing before another ALJ, to
be conducted as a matter of record.
g) Service of subpoenas pursuant to this
Section shall be done, and payment of witness fees and expenses after the
appearance of the witness shall be calculated, in the same manner as prescribed
by law in judicial proceedings in civil cases in circuit courts of this
State.
Notes
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