In reviewing the record for evidence of gambling, we cannot consider, for the truth of the matter asserted, any evidence that was not admitted for that purpose. If a liquor commissioner during a hearing admits evidence for a limited purpose, then the commission must "heed[]" its own limit. Seul's Inc. v. Illinois Liquor Control Comm'n, 240 Ill. App. 3d 828, 832 (1992). "[N]othing can be treated as evidence that is not admitted as such."
Under the law of administrative review, an administrative hearing is required to provide due process. Seul's Inc. v. Liquor Control Comm'n, 240 Ill. App.3d 828, 608 N.E.2d 530 (1992). A fundamental principle of due process, applicable to administrative agencies and commissions, is that no person who has a personal interest in the subject matter of a suit may sit in judgment on that case.
Section 2 of article I of the Illinois Constitution similarly provides that "[n]o person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws." Ill. Const. 1970, art. I, ยง 2. Administrative proceedings are governed by the fundamental principles and requirements of due process of law. Abrahamson, 153 Ill.2d at 92; General Service Employees Union, Local 73 v. Illinois Educational Labor Relations Board, 285 Ill. App.3d 507, 515 (1996); Seul's Inc. v. Illinois Liquor Control Comm'n, 240 Ill. App.3d 828, 833 (1993). Due process for a tenured public employee requires oral or written notice of the charges, an explanation of the employer's evidence, and an opportunity to present her side of the story.