Section 2830.335  Decision

a)         A decision shall be made in writing, shall separately state findings of fact and conclusions of law and shall be mailed to the parties thereto;

b)         A decision to allow or deny a claim for reissuance of a benefit check under this Subpart shall be based on the testimony and evidence in the record and not solely on an analysis of the claimant's handwriting. The formal rules of evidence shall not, however, apply in these matters;

c)         No decision shall be based solely on unobjected to hearsay testimony where the claimant has testified to the contrary under oath unless the special agent finds that the claimant's testimony is incredible, inconsistent or inherently improbable.

d)         No decision shall be based on evidence which the claimant has not had an opportunity to review and rebut.  The claimant shall be deemed to have waived his right to review and rebut when he fails to appear at the scheduled hearing.

(Source:  Added at 14 Ill. Reg. 9101, effective May 23, 1990)