Section 205.95  Evidence

a)         Evidence shall be received by way of direct and cross examination of witnesses and introduction of documentary evidence subject to the rules of evidence.

b)         The Chairman of the Board, or a Board member appointed by the Chairman, who is a licensed Illinois attorney, shall decide all evidentiary objections and questions of evidence raised at the License Hearing, subject to de novo review by the Board.  The Chairman or Board member appointed to rule on matters of evidence may seek the advice of the other members of the Board on evidentiary issues at his/her discretion.  Any evidence ruled inadmissible may be submitted as an offer of proof.

c)         The rules of evidence shall be applied liberally.  Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which reasonably prudent persons are accustomed to rely in the conduct of serious affairs.  The Board or its appointed hearing officer shall exclude immaterial, irrelevant and repetitious evidence.

d)        The rules of evidence shall apply only to the parties.  The Board may rely on technical and/or scientific facts within the Board's specialized knowledge.  Nothing in this subsection shall be deemed to diminish the ability of the Board to enter documentary or testimonial evidence in its own discretion.

(Source:  Added at 29 Ill. Reg. 20033, effective November 28, 2005)