Ill. Admin. Code tit. 38, § 100.160 - Remote Proceedings
a)
Preliminary Hearings may be conducted remotely, either by teleconference or
videoconference, provided that the Notice of Preliminary Hearing includes
notice that the Preliminary Hearing will be conducted remotely and includes
instructions for accessing the teleconference or videoconference system at the
date and time set forth in the Notice of Preliminary Hearing.
b) By order of the Administrative Law Judge,
any status hearing or prehearing may be conducted remotely, either by
teleconference or videoconference. The Parties shall be provided instructions
for accessing the teleconference or videoconference system for the date and
time of the scheduled status hearing or prehearing.
c) Upon motion of any Party, the ALJ may
determine whether the pending matter may be suitable for a Formal Hearing by
teleconference or videoconference in whole or in part as an alternative to
in-person proceedings.
d) The
Parties may agree that the Formal Hearing will be conducted in its entirety by
teleconference or videoconference or that a part or parts of the Formal Hearing
will be conducted by teleconference or videoconference, including the testimony
of a particular witness or witnesses. These agreements are subject to the
approval of the ALJ by entry of an order.
e) In the absence of any such agreement of
the Parties, the ALJ may determine whether the Formal Hearing will be conducted
in its entirety by teleconference or videoconference or that a part or parts of
the Formal Hearing will be conducted by teleconference or videoconference,
including the testimony of a particular witness or witnesses, or whether the
proceedings or any part thereof shall remain in-person. This determination
shall be made by order of the ALJ. In making this determination, the ALJ may
consider factors including but not limited to the following:
1) Preference of the Parties;
2) Capabilities of participants to
participate via video or telephone;
3) Whether the selected method is accessible
for persons with health risks or disabilities;
4) Whether the participants have access to
the Internet;
5) Number of
witnesses;
6) Volume of documents
offered as exhibits;
7) Complexity
of the Petition;
8) Expected
duration of the Formal Hearing;
9)
Extent to which the credibility of any witness will be at issue;
10) Extent to which exhibits will be used to
examine any witness; and
11) Any
other consideration which will impede or aid in the fair and efficient
administration of the Formal Hearing process.
Notes
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