Section 106.724  Discovery, Admissions

a)         Discovery, except requests to produce documents, admit facts and state the identity and location of persons with knowledge of facts, as set forth in subsection (b) of this Section, is not permitted unless the hearing officer orders otherwise.

b)         Regarding any matter not privileged, the hearing officer may order a party to produce documents and to state the identity and location of persons with knowledge of facts upon the written request of any party when parties cannot agree on the legitimate scope of the requests.  It is not a ground for objection that the documents will be inadmissible at hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence or is relevant to the subject matter involved in the pending proceeding.

c)         The hearing officer may order a party:

1)         To state the identity and location of persons with knowledge of relevant facts.

2)         To produce evidence that a party controls or possesses so that it may be inspected, copied or duplicated.  The order may grant the right to reasonably inspect the pilot project.

d)         The hearing officer may at any time on his or her own initiative, or on motion of any party or witness, make a protective order as justice requires. The protective order may deny, limit, condition or regulate discovery to prevent unreasonable delay, expense, harassment, or oppression, or to protect non-disclosable materials from disclosure consistent with Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code 130.

e)         All objections to rulings of the hearing officer must be made in the record.

f)          Section 106.718(d), (e), (f), (g), (h), (i) and (j) of this Subpart apply regarding procedures to rule on objections.

g)         Failure to comply with any ruling may subject the person to sanctions under 35 Ill. Adm. Code 101.Subpart H.

h)         A party may serve on any other party, no sooner than 15 days after the Agency files the statement of deficiency, a written request that the latter admit the truth of any specified relevant fact set forth in the request.

i)          A party may serve on any other party, no sooner than 15 days after the Agency files the statement of deficiency, a written request to admit to the genuineness of any relevant documents described in the request.  Copies of the document must be served with the request unless copies have already been furnished.

j)          Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 15 days after service under subsection (h) or (i) of this Section, the party to whom the request is directed serves upon the party requesting the admission either a sworn statement that denies specifically the matters on which the admission is requested or that sets forth in detail the reasons why the party cannot truthfully admit or deny those matters or written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.  If a party objects in writing to a part of the request, the remainder of the request must be answered within the period designated in the request.  A denial must fairly meet the substance of the requested admission.  If good faith requires that a party deny only a part, or requires qualification, of a matter of which an admission is requested, the party must specify so much of it as is true and deny only the remainder.  The hearing officer will hear any objection to a request or to an answer upon prompt notice and motion of the party making the request.

k)         Any admission made under this Section is for the purpose of the pending proceeding only.  It does not constitute an admission by the party for any other purpose and may not be used against the party in any other proceeding.