TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.10 APPLICABILITY
Section 210.10 Applicability
a) This Part shall apply to all hearings conducted by the Office
of the State Fire Marshal, and
1) To review decisions, orders, rulings, recommendations or
actions of the State Fire Marshal or his inspectors; and
2) To all enforcement proceedings, investigations and inquiries
into matters within the jurisdiction of the State Fire Marshal including, but
not limited to, proceedings instituted by orders to show cause.
b) As used in this Part, the word "person" means the
same as in "AN ACT to revise the law in relation to common law" (Ill.
Rev. Stat. 1985, ch. 1, par. 1006) which includes bodies corporate and politic,
corporations, partnerships and other legal entities, any owner, occupant or
lessee of any building or other structure, public or private.
c) Office means Office of the State Fire Marshal.
 | TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.20 APPEALS
Section 210.20 Appeals
a) Any person aggrieved by a decision, order or ruling of the
Office may as a matter of right request a hearing before a Hearing Officer.
Such a hearing shall be a proceeding de novo.
b) All requests for hearings
1) must be in writing;
2) must contain an address and telephone number where the
appellant may be notified of the time and place of the hearing; and
3) must set forth the reasons why the order of the State Fire
Marshal should be reversed or modified.
c) Appeals from orders of the State Fire Marshal or from orders
of deputies of the Office of the State Fire Marshal issued pursuant to Section
9 of "AN ACT relating to the investigation and prevention of fire"
(Ill. Rev. Stat. 1985, ch. 127½, par. 9) shall be instituted by filing a
written request for a hearing no later than ten (10) days following receipt of
notice to remove or remedy a dangerous condition or fire hazard; all other
appeals shall be made within 30 days.
d) Requests for hearing must be filed in writing to the Office of
the State Fire Marshal at 3150 Executive Park Drive, Springfield, Illinois
62703. Requests submitted by certified mail will be deemed to be timely if
they are postmarked no later than the time period allowed.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.30 DEFINITIONS
Section 210.30 Definitions
"Contested
Case" means an adjudicatory proceeding, not including rule-makings,
quasi-legislative, informational or similar proceedings, in which the
individual legal rights, duties or privileges of a party are required by law to
be determined by the Office only after an opportunity for hearing.
"Hearing
Officer" means the presiding officer or officers at the initial hearing
before the Office and each continuation thereof. A Hearing Officer must be
an attorney-at-law licensed to practice in Illinois.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.40 SERVICE OF PAPERS
Section 210.40 Service of
Papers
a) Persons filing papers with the Office shall simultaneously
serve copies on all parties to the proceeding in any manner authorized by the
Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 1-101 et seq.).
b) Papers required to be filed with the Office shall be
accompanied by proof of service upon all those required to be served.
c) All papers required to be filed with the Office must be filed
at its principal office at 3150 Executive Park Drive, Springfield, Illinois
62703, during business hours.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.50 APPEARANCES
Section 210.50 Appearances
a) A person who files an appeal need not be represented by an
attorney.
b) No one may appear before the Office in a representative
capacity except:
1) Those licensed to practice law.
2) A partnership may be represented by a partner.
3) A corporation may be represented by an officer.
4) The Office may be represented by any employee authorized by
the Fire Marshal.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.60 CONDUCT OF HEARINGS
Section 210.60 Conduct of
Hearings
a) The Hearing Officer shall designate the time and place of the
hearing and shall preside at the hearing.
b) The Hearing Officer shall designate a reasonable time
following final agreements in which the parties may submit proposed findings of
fact and conclusions of law orally and on the record prior to the adjournment
of the hearing.
c) After closing arguments, the Hearing Officer shall within 10
days after the close of the hearing make findings of fact and conclusions of
law and may make a recommendation to the State Fire Marshal.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.70 AUTHORITY OF HEARING OFFICER
Section 210.70 Authority of
Hearing Officer
A Hearing Officer shall:
a) require prior submission of testimony and exhibits in writing;
b) require all parties to state their position with respect to a
proposal;
c) administer oaths and affirmations;
d) examine witnesses and direct witnesses to testify;
e) regulate the course of the hearing, maintain order and develop
a clear and complete record;
f) limit the number of times a witness may testify, and limit
repetitious or cumulative testimony;
g) issue discovery orders;
h) rule upon objections to subpoenas and discovery orders, and
all motions presented during the course of the hearing.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.80 CONTINUANCES
Section 210.80 Continuances
The Hearing Officer may grant
for good cause, e.g. unavailability of a witness or party or illness, a
subsequent continuance at the request of a party or a continuance on his own
motion. A hearing may be adjourned by the Hearing Officer to permit further testimony
or argument whenever this action is beneficial for the development of a clear
and complete record. One continuance shall be granted to any party as a matter
of right if the request is received by the Office at least one week prior to
the scheduled hearing. In determining whether to grant a subsequent
continuance, the Hearing Officer will consider factors such as the number of
continuances already granted to a party.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.90 SUBPOENAS
Section 210.90 Subpoenas
a) Subpoenas for the attendance of witnesses from any place in
Illinois or for the production of books, papers, accounts, records, or
documents during or prior to a hearing held pursuant to these rules will be
issued by the Hearing Officer upon his own motion, or upon application of a
party showing that a subpoena is reasonably required.
b) Applications for subpoenas to compel the production of books,
papers, accounts, records or documents shall identify the material sought.
c) Witness fees shall be the same as allowed in the Circuit Court
of the State of Illinois pursuant to Section 47 of "AN ACT concerning fees
and salaries, and to classify the several counties of this state with reference
thereto" (Ill. Rev. Stat. 1985, ch. 53, par. 65).
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.100 DEPOSITIONS AND INTERROGATORIES
Section 210.100 Depositions
and Interrogatories
a) Upon application of a party showing that a deposition is
required or would be expeditious and setting forth the facts to be proved or
information sought, the Hearing Officer will allow the taking of depositions.
This rule may be waived by agreement of the parties provided that the taking of
depositions shall not be cause for postponements of hearings or delay of the
Office's disposition of the proceeding.
b) Parties may serve interrogatories, requests to produce
documents for inspection and copying, and requests for the admission or denial
of material facts. The Hearing Officer shall set a reasonable time based on
factors such as volume of material sought, difficulty of obtaining such
materials or answers, or number of interrogatories, for compliance with his
order to answer or produce the requested material.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.110 PRE-HEARING CONFERENCES
Section 210.110 Pre-Hearing
Conferences
a) Upon written notice by the Hearing Officer in any proceeding,
parties or their attorneys may be requested to appear at a specified time and
place for a conference, prior to or during the course of hearings for the
purpose of formulating issues and considering:
1) simplification of issues;
2) the necessity or desirability of amending the pleadings for
the purpose of clarification, amplification or limitation;
3) the possibility of making admissions of certain averments of
facts for stipulations concerning the use by any party of matters of public
record to avoid unnecessary introduction of proof;
4) the limitation of witnesses;
5) such other matters as may aid in a simplification of the
evidence and disposition of the proceedings.
b) The action taken at the conference shall be recorded in an
appropriate ruling, unless the parties enter upon written stipulation as to
such matters, or agree to a statement thereof made on the record by the Hearing
Officer.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.120 ORDER OF HEARINGS
Section 210.120 Order of
Hearings
The following shall be the order
of all hearings, subject to modification by agreement of the parties:
a) presentation, argument and disposition of motions preliminary
to a hearing on the merits of the matters raised in the complaint;
b) presentation of opening statements;
c) appellant's case in chief;
d) respondent's case in chief;
e) appellant's case in rebuttal;
f) statements from interested citizens;
g) appellant's closing argument;
h) respondent's closing argument;
i) appellant's rebuttal argument;
j) presentation and argument of all motions, proposed findings
and conclusions prior to final order.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.130 STIPULATIONS
Section 210.130 Stipulations
a) It is the policy of the Office that the parties to a
proceeding should, to the fullest extent possible, stipulate all matters which
are not or fairly should not be in dispute.
b) At the hearing the parties may file a stipulation setting
forth
1) All pertinent matters which are not in dispute;
2) A list of all exhibits to which there are no objections;
3) Matters that are in dispute;
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.140 EVIDENCE
Section 210.140 Evidence
a) All witnesses testifying at hearings shall testify upon oath
or affirmation.
b) Admissibility of evidence shall be governed by Section 12 of
the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par.
1012).
c) When objection is made to the admissibility of evidence, the
Hearing Officer shall either receive the disputed evidence subject to ruling at
a later time, or may exclude the evidence at that time.
d) Upon his own motion or upon objection of any party, the
hearing officer shall exclude inadmissible evidence.
e) A party offering evidence that is ruled inadmissible shall be
permitted to make a brief offer of proof.
f) Writings shall be legible and exhibits shall be plainly marked
and identified. The hearing record shall reflect the identity of the party
offering an exhibit and shall indicate whether it was admitted into evidence.
g) The Hearing Officer and the State Fire Marshal may take
official notice of:
1) the customs, usages and traditions of fire safety;
2) Fire Prevention and Safety (41 Ill. Adm. Code 100);
3) matters within its specialized knowledge and expertise;
4) all matters of which the Circuit Courts of this state may take
judicial notice.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.150 DEFAULT
Section 210.150 Default
Failure of a party to appear on
the date set for hearing, or failure to proceed as ordered by the State Fire
Marshal, shall constitute a default. The State Fire Marshal shall enter such
final order as shall be received from applicable motion.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.160 CLOSING ARGUMENTS
Section 210.160 Closing
Arguments
a) When a hearing is held, the Hearing Officer shall allot a
reasonable amount of time for closing arguments.
b) The parties may with notice to the Hearing Officer file briefs
in addition to or in lieu of closing arguments. The Hearing Officer shall set
a briefing schedule.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.170 FINDINGS OF FACT AND CONCLUSIONS OF LAW
Section 210.170 Findings of
Fact and Conclusions of Law
Orders disposing of contested
matters upon the merits shall set forth the State Fire Marshal's findings of
fact and conclusions of law and shall be served by certified mail.
| TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 210
APPEALS AND ENFORCEMENT PROCEEDINGS
SECTION 210.180 TRANSCRIPTS
Section 210.180 Transcripts
a) Hearings shall be recorded either by mechanical or
stenographic means as determined by the Hearing Officer. The Office shall bear
the cost of recording. Parties to hearings conducted pursuant to these rules
may provide their own recording or stenographer at such proceedings at their
own cost in addition to that provided by the Office.
b) Where no verbatim transcript is available, either through
failure of mechanical recording devices or inadequate or incomplete
stenographic recording, the appellant shall utilize the procedures for
preparing a report of proceedings contained in Illinois Supreme Court Rule 323
(Ill. Rev. Stat. 1985, ch. 110A, par. 322).
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
