Ill. Admin. Code tit. 80 § 1.200

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1.200 - Authority of Administrative Law Judge

The Administrative Law Judge has the authority to conduct a hearing, take all necessary action to avoid delay, maintain order, and insure the development of a clear and complete record. The Administrative Law Judge shall have all powers necessary to conduct a hearing, including the power to:

a) Administer oaths and affirmations;

b) Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by deposition if necessary, and generally conduct the proceedings according to generally recognized administrative law and this Part;

c) Examine witnesses and direct witnesses to testify. If a witness refuses to answer a question after being directed to do so, the Administrative Law Judge may make such orders with regard to the refusal as are just and appropriate, including but not limited to excluding the testimony of a witness, admitting certain facts for purposes of the proceedings, or dismissing the appeal if the witness is under control of a party;

d) Limit the number of times any witness may testify, limit repetitious or cumulative testimony and set reasonable limits on the amount of time each witness may testify and be cross-examined;

e) Rule upon offers of proof and receive relevant evidence;

f) Direct parties to appear and confer for the settlement or simplification of issues, and to otherwise conduct prehearing conferences;

g) Dispose of procedural requests or similar matters;

h) Render findings of fact, conclusions of law and proposals for decision for an order or finding and decision of the Commission;

i) Reprimand or exclude from the hearing any person for disruptive or improper conduct committed in the presence of the Administrative Law Judge;

j) Take official notice of information from the employee's personnel record, United States Postal Service tracking information, generally recognized facts, administrative rules and regulations, and statutes;

k) Enter a protective order to ensure the protection of any confidential or proprietary information, information specifically prohibited from disclosure by federal or State law or rules or regulations adopted under Federal or State law, or information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

l) When a potential witness is available and appears to have information relevant to the case that would not be merely cumulative, and when the witness' relationship with one of the parties is such that the witness would ordinarily be expected to favor that party, if the party does not produce testimony, the inference arises that it would have been unfavorable and the Commission may draw a negative inference from the failure to testify;

m) Conduct any activity, including hearings and prehearing conferences, by video, telephone or other electronic means;

n) Enter any order that further carries out the purpose of this Part.

Ill. Admin. Code tit. 80, § 1.200

Amended at 34 Ill. Reg. 3485, effective March 3, 2010

Amended at 42 Ill. Reg. 16395, effective 9/1/2018