Section 200.424  Rules of Evidence

a)         The Administrative Law Judge shall have authority to conduct the hearing, to administer oaths, to examine witnesses, to rule upon the admissibility of evidence, and to subpoena witnesses or documents at the request of any party.

b)         The technical rules of evidence shall not apply.  Any relevant or material evidence may be admitted if it is the sort of evidence relied upon by reasonably prudent men in the conduct of their affairs, regardless of the existence of any common law or statutory rule which excludes the admission of such evidence over objection in civil cases in the Circuit Courts of Illinois. The rules of privilege shall be followed to the same extent that they are recognized in civil or criminal cases in the Circuit Courts of Illinois. Irrelevant, immaterial and unduly repetitious evidence may be excluded. Objections to evidentiary offers must be timely made and noted in the record. When a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.  Subject to the evidentiary requirements of this subsection, a party may conduct the cross-examination required for a full and fair disclosure of the facts.

c)         Official notice may be taken of matters of which the Circuit Courts of Illinois may take judicial notice.  In addition, notice may be taken of the Department's specialized knowledge in the Act.  Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, and they shall be afforded an opportunity to contest the material so noticed.

d)         Subsections (a), (b) and (c) above do not relieve any party from its respective burden of proof or requirement to go forward with the presentation of evidence.