Section 392.140  Prehearing Conferences

a)         The hearing officer shall direct the parties or their attorneys to appear for a conference prior to the hearing for the purpose of considering stipulations concerning admitted facts, authenticity of documents and the use by either or both parties of matters of record to avoid unnecessary introduction of proof when the parties and the hearing officer can agree on a date for the prehearing conference.

b)         Opportunity shall be afforded all parties to dispose of the hearing by stipulation, agreed settlement or consent order, unless otherwise precluded by law.  Any stipulation, agreed settlement or consent order shall be submitted in writing to the hearing officer and shall become effective only if approved by the Commissioner.  The Commissioner shall consider, but not be limited to, the following factors in approving or disapproving a stipulation, agreed settlement or consent order:

1)         the nature of the disposition relative to the administrative decision originally issued;

2)         the severity of the violation of law, rule, supervisory agreement, or order, or unsafe and unsound practice; and

3)         the party's history of past violations of law, rule, supervisory agreement or order, or unsafe and unsound practices.

(Source:  Amended at 28 Ill. Reg. 2661, effective January 30, 2004)