80 Ill. Adm. Code 1105.30
Authority of Hearing Officer
Section 1105
Section 1105.30Â Authority of
Hearing Officer
The hearing officer shall have
the duty to conduct a fair hearing, to ensure development of a clear and
complete record, to take all necessary action to avoid delay, and to maintain
order. The hearing officer shall have all powers necessary to these ends including
(but not limited to) the authority to:
a)Â Â Â Â Â Â Â Â Require submission of exhibits before the hearing;
b)Â Â Â Â Â Â Â Â Require all parties to state in writing their positions with
respect to issues, and to submit pre-hearing information, including a list of
all exhibits to be offered by each party in their case in chief and a copy of
each such exhibit, stipulations as to the authenticity and business record
status of each such exhibit, and the estimated time proposed for the party's
case in chief. Parties submitting pre-hearing information specified above must
serve that information on all other parties;
c)Â Â Â Â Â Â Â Â Administer oaths and affirmations or direct the administration
of oaths and affirmations by the court reporter transcribing the hearing;
d)Â Â Â Â Â Â Â Â Examine witnesses, direct witnesses to testify, call or
subpoena witnesses not offered by the parties, and examine such witnesses;
e)Â Â Â Â Â Â Â Â Rule upon offers of proof and receive evidence and rule upon
objections to the introduction of evidence;
f)Â Â Â Â Â Â Â Â Regulate the proceedings of the case, and the conduct of the
parties and their counsel, including (but not limited to) determining the order
in which the parties shall present evidence after considering the parties'
relative access to relevant evidence;
g)Â Â Â Â Â Â Â Â Enter, on his own motion or motion of a party, such orders as
are just when a party fails to comply with any order entered under 80 Ill. Adm.
Code 1100, 80 Ill. Adm. Code 1105, 80 Ill. Adm. Code 1110, 80 Ill. Adm. Code
1120, 80 Ill. Adm. Code 1125, 80 Ill. Adm. Code 1130 and 80 Ill. Adm. Code
1135;
h)Â Â Â Â Â Â Â Â Establish reasonable limits on the frequency and duration of
the testimony of any witness and limit repetitious or cumulative testimony;
i)Â Â Â Â Â Â Â Â Â Establish reasonable time limits and guidelines for opening
or closing statements based upon the number and complexity of the issues;
j)Â Â Â Â Â Â Â Â Â Establish deadlines and limitations for the filing of
post-hearing briefs, including (but not limited to) requiring each party to
elect between offering closing arguments or submitting post-hearing briefs simultaneously
on a date set by the hearing officer; and
k)Â Â Â Â Â Â Â Â Issue decisions pursuant to Section 1105.80 of this Subpart.