Ill. Admin. Code tit. 92, § 386.1160 - Hearing
a) When a hearing
is requested under Section
386.1150 the
Secretary shall appoint a presiding officer to convene and preside over the
hearing. To the extent practicable, the hearing will be held near the place
where the alleged violation occurred or at a place convenient to the
respondent, provided that all such hearings shall be in Illinois. Testimony by
witness shall be given under oath and the hearing shall be recorded
verbatim.
b) The presiding officer
may:
1) administer oaths and
affirmations;
2) issue subpoenas as
provided by Section
386.1030;
3) adopt procedures, including the submission
of evidence in written form;
4)
take or cause depositions to be taken;
5) rule on offers of proof and receive
relevant evidence;
6) examine
witnesses at the hearing;
7)
convene, recess, reconvene, adjourn and otherwise regulate the course of the
hearing;
8) hold conferences for
settlement, simplification of the issues or any other proper purpose;
and
9) take any other action
authorized by or consistent with the provisions of this Part pertaining to
civil penalties and which may expedite the hearing or aid in the disposition of
an issue raised therein.
c) The Director, or his representative, has
the burden of proving the facts alleged in the Notice of Probable Violation as
may be necessary to fully inform the presiding officer as to the matter
concerned.
d) The respondent may
appear and be heard on his own behalf or through counsel of his choice. The
respondent or his counsel may offer relevant information including testimony
which he believes should be considered in defense of the allegations or which
may bear on the penalty to be assessed and conduct such cross-examination as
may be required for a full disclosure of the facts.
Notes
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