Section 2725.250  Conduct Of Hearing

a)         The Director's Representative will control the hearing which will be confined to the relevant factual and/or legal issues.

b)         At the hearing the petitioning employer must produce testimony, argument or other evidence to establish that the Director's order or determination and assessment is incorrect.

c)         Following the testimony of each witness, the witness may be questioned and cross-examined by the opposing party, if any, and then may be questioned and cross-examined by the Director's Representative or such other employee of the Director as the Director may designate.  The Director's Representative or such other employee of the Director as the Director may designate shall represent the Director and may present any evidence to support the Director's order or determination and assessment.

d)         It is the duty of the Director's Representative to ensure that the party or parties, as appropriate, have full opportunity to present all evidence relevant to the issues before the Director's Representative.

e)         If any person becomes disruptive or abusive, the Director's Representative shall exclude such person from the hearing and the hearing will continue without the participation of such excluded individual.  The Director's Representative shall render a decision based on all evidence in the record.

f)          The Director shall prohibit any person from representing a party in any proceeding under this Part if the Director finds that such person is or has been guilty of violating the Code of Professional Responsibility, Article 8 of the Rules of the Illinois Supreme Court (Ill. Rev. Stat. 1987, ch. 110A, par. 1-101 et seq.) or has intentionally disregarded the provisions of the Act, rules promulgated thereunder or written instructions of the Director.  Such prohibition shall be in writing and shall be applicable for a period not to exceed 120 days from the date such decision is mailed to the party.

(Source:  Amended at 13 Ill. Reg. 17383, effective October 30, 1989)