Ill. Admin. Code tit. 56, § 2605.290 - Hearings
a) All Hearings
shall be conducted by the Department at one of its locations as determined by
the Department, unless otherwise agreed to by the parties and the Hearing
Officer. The parties may stipulate to conducting case management Hearings,
prehearings, or formal Hearings by telephone, video conference, or other means
acceptable to the parties and Hearing Officer.
b) The sequence to be followed for all
Administrative Hearings is as follows:
1)
Preliminary Hearing - The purpose is to set a date on which all parties expect
to be prepared and to rule on any preliminary motions that are presented. This
may be eliminated by agreement of the parties and/or ordered by the Hearing
Officer.
2) Case Management and
Prehearing Conferences - The purposes of the conferences are set out in Section
2605.280.
3) Hearings -
A) Preliminary Matters - Motions; attempts to
narrow issues or limit evidence.
B)
Opening Statements - The party bearing the burden of proof proceeds
first.
C) Case in Chief - Evidence
and witnesses are presented by the party bearing the burden of proof. After a
witness' testimony is completed, the witness is subject to
cross-examination.
D) Defense -
Evidence and witnesses may be presented by the opposing party.
E) Closing Statements - The party bearing the
burden of proof proceeds first, then the opposing party, then a final reply by
the party bearing the burden of proof. The Hearing Officer may request the
parties to submit closing statements in writing.
F) Final Decision - Described in Section
2605.410.
Notes
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