Section 120.610  Record in Contested Cases

a)         A full and complete record shall be kept of all proceedings. The record shall consist of the following:

1)         All pleadings, including all notices and responses to those pleadings;

2)         A transcript of the hearing, if any, and all evidence received;

3)         A statement of matters officially noticed;

4)         Any offers of proof, objections and rulings on that proof;

5)         Any proposed findings and acceptance;

6)         Any decision, opinion or report by the Administrative Law Judge;

7)         All staff memoranda or data submitted to the Administrative Law Judge or members of the Department in connection with their consideration of the case; and

8)         Any ex parte communication prohibited by Section 10-60 of the IAPA [5 ILCS 100/10-60], but those communications shall not form the basis for any finding of fact.

b)         The record shall also contain the following:

1)         Subpoenas;

2)         Requests for Subpoenas;

3)         Cover letters;

4)         Notices of Filing;

5)         Certificates of mailing for regular mail and return receipts for certified mail; and

6)         Discovery Requests.

c)         The Department shall be the official custodian of the records of administrative hearings held by the Department.

(Source:  Amended at 30 Ill. Reg. 10424, effective May 24, 2006)