Section 2530.380  Authority of Hearing Officer

The Hearing Officer shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record.  He shall have all powers necessary to these ends, including but not limited to the power to:

a)         Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence;

b)         Regulate the course of the hearings and the conduct of the parties and their counsel in those hearings;

c)         Interrogate witnesses;

d)         Hold pre-hearing conferences for settlement, simplification of the issues, or any other proper purpose;

e)         Determine the timing and form of motions and responses by the parties;

f)         Rule on the necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;

g)         Rule on motions, issues on admissions or stipulations;

h)         Rule on the limitation of the number of witnesses and limitation of issues and evidence;

i)          Issue or deny the issuance of subpoenas requested by the parties;

j)          Consider factors in mitigation and aggravation in determining the appropriate length of suspension sentencing in Department initiated revocations/suspensions based upon course of conduct only, pursuant to Section 2530.310;

k)         Rule on such other matters as may aid in the simplification of the evidence and disposition of the proceeding; and

l)          Rule on the propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits and other discovery.  No discovery described by Supreme Court Rule 201 will be permitted prior to a hearing, except by permission of the Hearing Officer.

(Source:  Amended at 45 Ill. Reg. 8415, effective June 23, 2021)