Section 2605.340  Evidence

a)         Except as otherwise provided in this Section, the rules of evidence and privilege applicable to all contested cases will be the rules of evidence that are applied in civil cases in the circuit courts of the State of Illinois.  In addition, the Hearing Officer may receive material, relevant evidence that would be relied upon by a reasonably prudent person in the conduct of serious affairs [5 ILCS 100/10-40] that is reasonably reliable and reasonably necessary to a resolution of the issue for which it is offered.

b)         The Hearing Officer shall exclude immaterial, irrelevant, and repetitious evidence.

c)         The Hearing Officer shall use his discretion in admitting or denying the admission of evidence.

d)         Hearsay is not admissible except where exceptions to the hearsay rule which exist in Illinois are applicable or where a statement has circumstantial guarantees or trustworthiness and if the probative value of the statement outweighs any prejudice resulting from an inability to cross-examine the declarant.

e)         Statements that are not hearsay:

1)         Prior statement by witness. The declarant testifies at the Hearing and is subject to cross-examination concerning the statement and the statement is:

A)        Inconsistent with his testimony that was given under oath subject to the penalty of perjury at a trial, hearing, deposition, or other proceeding; or

B)        Consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive; or

C)        One of identification of a person made after perceiving him.

2)         Admission by opposing party. The statement is offered against a party and is:

A)        His own statement in either his individual or a representative capacity; or

B)        A statement of which the party has manifested his adoption or belief in its truth; or

C)        A statement by a person authorized by the party to make a statement concerning the subject; or

D)        A statement by the party's agent or servant concerning a matter within the scope of the party's agency or employment, made during the existence of the relationship; or

E)         A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.