Ill. Admin. Code tit. 68 § 1110.160

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1110.160 - Hearings

The sequence to be followed for all contested cases is as follows:

a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared to proceed with their cases, and to rule on any preliminary motions that are presented.

b) Prehearings - Optional. The purposes are set forth in Section 1110.150.

c) Formal Hearings

1) Preliminary Matters - Motions, attempts to narrow issues or limit evidence.

2) Opening Statements - The party bearing the burden of proof proceeds first.

3) Case in Chief - Evidence is presented by the party bearing the burden of proof. Once a witness' direct testimony is completed, that witness is subject to cross-examination.

4) Defense - Evidence may be presented by the opposing party.

5) Closing Statements - The party bearing the burden of proof proceeds first, then the opposing party, then a final word by the party bearing the burden of proof.

d) In hearings for the sole purpose of determining the length of the automatic suspension of the licensee's license upon conviction or entry of a plea of guilty or nolo contendere in a criminal prosecution to a criminal health care or criminal insurance fraud offense requiring intent under the DFPR Law, the licensee shall proceed first in opening statements and closing statements and shall present evidence in the case in chief.

Ill. Admin. Code tit. 68, § 1110.160

Amended at 43 Ill. Reg. 9969, effective 9/13/2019