Ill. Admin. Code tit. 80 § 1105.120

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1105.120 - Authority of Hearing Officer

The Hearing Officer shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order and to ensure development of a clear and complete record. The Hearing Officer shall have all powers necessary to these ends including (but not limited to) the authority to:

a) Hold pre-hearing conferences for settlement, simplification of the issues, or any other related purposes;

b) 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.

c) Regulate the proceedings of the contested case and the conduct of the parties and their counsel;

d) Administer oaths and affirmations or direct the administration of oaths and affirmations by the court reporter transcribing the hearing;

e) Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence;

f) Examine witnesses and direct witnesses to testify ;

g) Establish reasonable time limits and guidelines for opening and closing statements based upon the number and complexity of the issues;

h) 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;

i) Except as otherwise provided, consider and rule as justice may require upon motions appropriate to an adjudicative proceeding;

j) On motion of a party, to amend a complaint before the hearing concludes to conform to the evidence presented in the hearing; and

k) Issue decisions subject to appeal to the Board.

Ill. Admin. Code tit. 80, § 1105.120

Amended at 14 Ill. Reg. 1278, effective January 5, 1990