Section 3500.310  Conduct of Hearings

a)         Hearings of the Board will be conducted when a quorum of the members is present in person, by video, telephonically or by other electronic means. The hearing shall be recorded.

b)         The Board shall determine the date, time and location of any hearing. The Board shall make reasonable efforts to hold the hearing at a date, time, and location convenient to all parties.

c)         The Chairperson or designee shall preside over the hearing.

d)         Any testimony requested by the Board shall be under oath or affirmation.

e)         Petitioners may be represented by counsel and present evidence relating to the request for relief. Hearings shall be closed to the public.

f)         The procedures for admissibility of evidence shall be as described in Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40] and as ordered by the Chairperson.

g)         Deliberations of the Board, upon conclusion of a hearing held pursuant to this Section, shall be held in executive session without the petitioner or other participants in the hearing present and shall not be subject to either the Open Meetings Act [5 ILCS 120] or the Freedom of Information Act [5 ILCS 140]. (See Section 10(a-5)(8)).

h)         No later than 30 days after the date of any final administrative decision by the Board, the petitioner may make a written request to the Board for a transcript of the recording made at the hearing.

1)         The cost of transcription shall be the responsibility of the petitioner.

2)         Fees shall not exceed the actual cost for the preparation of the transcript.

3)         The record need not be transcribed unless the Board receives a written request and fee from the petitioner in accordance with this Section.

(Source:  Added at 47 Ill. Reg. 13469, effective September 8, 2023)