Full Text of HR1248 93rd General Assembly
HR1248 93RD GENERAL ASSEMBLY
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| HOUSE QUALIFICATIONS CHALLENGE COMMITTEE RESOLUTION _____
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| RESOLVED, BY THE HOUSE QUALIFICATIONS CHALLENGE COMMITTEE, | 4 |
| pursuant to House Rule 83(e) of the Ninety-Third General | 5 |
| Assembly of the State of Illinois, and to supplement Article X | 6 |
| of the House Rules, that the following are adopted as Rules of | 7 |
| Procedure of the Committee: | 8 |
| HOUSE QUALIFICATIONS CHALLENGE COMMITTEE | 9 |
| RULES OF PROCEDURE | 10 |
| 1. Representation by Counsel. The complainant and the | 11 |
| respondent may each be represented by counsel in proceedings | 12 |
| before the Committee. Upon conclusion of the proceedings, each | 13 |
| party may file a motion seeking reimbursement by the House of | 14 |
| Representatives of reasonable attorney's fees and expenses. | 15 |
| Each party shall be responsible for all attorney's fees and | 16 |
| expenses not approved for reimbursement. | 17 |
| 2. Motions. | 18 |
| (a) At the initial meeting of the Committee in response to | 19 |
| a complaint, the Chairperson shall determine whether any | 20 |
| preliminary or dispositive motions will be considered. The | 21 |
| Chairperson shall then establish a briefing and hearing | 22 |
| schedule on such motions, as necessary. The Chairperson may | 23 |
| defer or limit, as appropriate, the taking of discovery pending | 24 |
| resolution of any such motion. | 25 |
| (b) Unless made orally on the record during a hearing with | 26 |
| the consent of the Chairperson, all motions shall be in writing | 27 |
| and shall briefly state the order or relief requested and the | 28 |
| specific grounds upon which relief is sought. Motions based on | 29 |
| a matter that does not appear on the record shall be supported | 30 |
| by affidavit. |
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| 3. Discovery. | 2 |
| (a) A party seeking deposition testimony of any party or | 3 |
| witness, or production of relevant documents by any party or | 4 |
| witness, shall file a motion with the Committee seeking | 5 |
| approval of such discovery requests. The Committee in its | 6 |
| discretion may approve such motions or limit discovery as | 7 |
| necessary. | 8 |
| (b) The Committee in its discretion may issue subpoenas for | 9 |
| the appearance of witnesses or production of documents. | 10 |
| Subpoenas may be issued upon written request of the | 11 |
| complainant, respondent, or member of the Committee if: (i) the | 12 |
| request is reasonably designed to produce or lead to the | 13 |
| production of evidence related to the alleged violation, (ii) | 14 |
| the terms of compliance are reasonable given the time frames | 15 |
| and other circumstances, and (iii) the subpoena is properly | 16 |
| prepared and presented for signature. Witnesses may be | 17 |
| subpoenaed to give sworn evidentiary depositions, subject to | 18 |
| cross-examination, if and only if they are unable to attend the | 19 |
| meeting or hearing. Subpoenas issued under this Rule must be | 20 |
| signed by the Chairperson and must comply with House Rule | 21 |
| 4(c)(9). | 22 |
| 4. Evidence. Irrelevant, immaterial, or unduly repetitious | 23 |
| evidence shall be excluded. The rules of evidence and privilege | 24 |
| as applied in civil cases in the circuit courts of Illinois | 25 |
| shall be followed. However, evidence not admissible under those | 26 |
| rules of evidence may be admitted (except where precluded by | 27 |
| statute) if it is of a type commonly relied upon by reasonably | 28 |
| prudent persons in the conduct of their affairs. Objections to | 29 |
| evidentiary offers may be made and shall be ruled upon by the | 30 |
| Chairperson and noted in the record. | 31 |
| 5. Burden of Proof. The complainant shall have the burden | 32 |
| of proof to establish the matter asserted by clear and | 33 |
| convincing evidence.
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| 6. Stipulations. The Committee encourages stipulations of | 2 |
| fact whenever possible. The parties may agree on the facts or | 3 |
| any part thereof involved in the proceeding by stipulation. | 4 |
| Stipulations may be filed in writing or entered orally into the | 5 |
| record.
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| 7. Notice of Witnesses and Documents. Notwithstanding any | 7 |
| law or rule to the contrary, at least 7 calendar days prior to | 8 |
| an evidentiary hearing, each party must furnish to the | 9 |
| Committee and to the other party: | 10 |
| (1) A list of names, addresses, and phone numbers of the | 11 |
| witnesses the party proposes to call. | 12 |
| (2) All documents the party proposes to offer. | 13 |
| (3) All written or recorded statements of the party's | 14 |
| witnesses, regardless of their admissibility. | 15 |
| 8. Conduct of Evidentiary Hearings. The following rules | 16 |
| shall apply to all evidentiary hearings. | 17 |
| (1) The Chairperson shall open the evidentiary hearing by | 18 |
| explaining the procedure to be followed in the hearing. | 19 |
| (2) Preliminary matters such as objections to charges, | 20 |
| disputes involving discovery, stipulations of facts and | 21 |
| documents, and scheduling of witnesses may be resolved. Upon | 22 |
| motion of either party or at the discretion of the Chairperson, | 23 |
| any or all witnesses may be sequestered. | 24 |
| (3) Each party shall be given the opportunity to make a | 25 |
| brief opening statement identifying the issues and indicating | 26 |
| what is to be proven. Subject to the Chairperson's approval, | 27 |
| each party may call witnesses to testify on his or her own | 28 |
| behalf and present documentary and demonstrative evidence. All | 29 |
| witnesses shall testify under oath or affirmation. | 30 |
| (4) The parties may cross-examine opposing witnesses. The | 31 |
| members of the Committee may also examine the witnesses. | 32 |
| (5) Before closing the evidentiary hearing, each party | 33 |
| shall be given the opportunity to make a brief closing | 34 |
| statement. |
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| 9. Filing and Form of Papers. The original of all documents | 2 |
| and a certificate of service shall be filed with the Clerk of | 3 |
| the House on or before the established due date. Copies of all | 4 |
| filed documents shall be served on all parties and on each | 5 |
| member of the Committee at the member's legislative district | 6 |
| office or other designated address. Service may be by U.S. Mail | 7 |
| or, if agreed by the parties, by facsimile.
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| 10. Failure to Comply with Orders or Rules.
If a party, or | 9 |
| any person at the instance of or in collusion with a party, | 10 |
| unreasonably refuses or fails to comply with these Rules, or | 11 |
| with any order of the Chairperson or the Committee, the | 12 |
| Committee may enter an adverse finding, order, or decision as | 13 |
| may be necessary to ensure just disposition of the matter.
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