Ill. Admin. Code tit. 38, § 100.230 - Evidence and Standard of Proof
a)
Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. The rules of evidence and privilege as applied in civil cases in the
circuit courts of this State shall be followed. Evidence not admissible under
those rules of evidence may be admitted, however, except when precluded by
statute, if it is of a type commonly relied upon by reasonably prudent persons
in the conduct of their affairs. Objections to evidentiary offers may be made
and shall be noted in the record. Subject to these requirements, when a Hearing
will be expedited and the interests of the Parties will not be prejudiced, any
part of the evidence may be received in written form. [5 ILCS
100/10-40(a)]
b)
Testimony shall be taken only on
oath or affirmation. Subject to the evidentiary requirements of this Section, a
Party may conduct cross-examination required for a full and fair disclosure of
the facts. [5 ILCS
100/10-40(b)]
c) All exhibits for any Party shall be
clearly marked for identification. A sufficient number of copies shall be made
prior to the commencement of the Hearing and when admitted into evidence by the
ALJ.
d) Official notice may be
taken of past Hearings and of any matter of which the Circuit Courts of
Illinois may take judicial notice. In addition, official notice may be taken of
generally recognized technical or scientific facts within the Department's
specialized knowledge. Parties shall be notified either before or during the
Hearing, or by reference in preliminary reports or otherwise, of the material
noticed, including staff memoranda and data, and they shall be afforded an
opportunity to contest the material so noticed. The Department's and the ALJ's
experience, technical competence, and specialized knowledge may be utilized in
the evaluation of the evidence.
e)
If a person appears for a Hearing and refuses to testify on the grounds that
any answer may tend to incriminate themself, the ALJ may take an adverse
inference from the refusal to testify and shall consider the adverse inference
in addition to other evidence. If a person appears and refuses to testify
without asserting the right against self-incrimination, the ALJ shall enter any
appropriate order as is required by the evidence and this Part.
f) The ALJ may, on their own initiative or at
the request of any Party or witness, enter a protective order to prevent
exposure in the public domain of records or other information that is of a
sensitive or confidential nature.
g) Unless otherwise required by law, the
standard of proof in any contested case Hearing conducted by the Department
will be the preponderance of the evidence.
Notes
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