Ill. Admin. Code tit. 56, § 2605.340 - Evidence
a) Except as
otherwise provided in this Section, the rules of evidence and privilege
applicable to all contested cases will be the rules of evidence that
are applied in civil cases in the circuit courts of the State
of Illinois. In addition, the Hearing Officer may receive material,
relevant evidence that would be relied upon by a reasonably prudent
person in the conduct of serious affairs [
5 ILCS
100/10-40 ] that is reasonably reliable and reasonably
necessary to a resolution of the issue for which it is offered.
b) The Hearing Officer shall exclude
immaterial, irrelevant, and repetitious evidence.
c) The Hearing Officer shall use his or her
discretion in admitting or denying the admission of evidence.
d) Hearsay is not admissible except when:
1) exceptions to the hearsay rule that exist
in Illinois are applicable or a statement has circumstantial guarantees of
trustworthiness; and
2) if the
probative value of the statement outweighs any prejudice resulting from an
inability to cross-examine the declarant.
e) Statements that are Not Hearsay:
1) Prior Statement by Witness. The declarant
testifies at the Hearing and is subject to cross-examination concerning the
statement, and the statement is:
A)
Inconsistent with his or her testimony that was given under oath subject to the
penalty of perjury at a trial, Hearing, deposition, or other proceeding;
or
B) Consistent with his or her
testimony and is offered to rebut an express or implied charge against him or
her of recent fabrication or improper influence or motive; or
C) One of identification of a person made
after perceiving him or her.
2) Admission by Opposing Party. The statement
is offered against a party and is:
A) The
party's own statement in either his or her individual or a representative
capacity;
B) A statement of which
the party has manifested his or her adoption or belief in its truth;
C) A statement by a person authorized by the
party to make a statement concerning the subject;
D) A statement by the party's agent or
servant concerning a matter within the scope of the party's agency or
employment, made during the existence of the relationship; or
E) A statement by a coconspirator of a party
during the course and in furtherance of the conspiracy.
f) Official notice may be taken of
all facts of which judicial notice may be taken and of other facts, of a
technical nature, within the specialized knowledge and experience of the
Department.
g) A party may object
to evidentiary offers. Objections shall be noted in the record.
h) The parties may, by stipulation, agree
upon any facts involved in the proceeding. The facts stipulated must be
considered evidence in the proceeding.
i) The Hearing Officer may direct the parties
to protect the disclosure of trade secret or other confidential information
protected by Statute prior to its admission. The Hearing Officer may require
the information to be revealed or redacted in a specific way.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.