Section 200.130  Conduct of Hearings

a)         Unless closing the hearing is necessary to preserve the confidentiality of medical records, or the confidentiality of trade secrets or financial information the disclosure of which could cause competitive harm, hearings shall be open to the public.  If matters of confidentiality are involved, the hearing officer shall have the authority to close all or a portion of the hearing to the public.

b)         The hearing officer shall direct all parties to enter their appearances on the record.  All witnesses shall be sworn.

c)         The hearing officer shall inquire fully into the matters at issue and shall receive testimony of witnesses and any other evidence that is relevant and material to the issues presented.  The following shall be the usual order of administrative hearings, unless the hearing officer decides otherwise:

1)         presentation, argument, and disposition of preliminary motions in accordance with Section 200.80;

2)         presentation of opening statements;

3)         Agency's case in chief;

4)         Respondent's case in chief;

5)         Agency's case in rebuttal;

6)         Respondent's case in rebuttal;

7)         presentation of closing arguments, including legal arguments.

d)         Parties may by stipulation agree upon any facts involved in the proceeding.  The facts stipulated shall be considered as evidence in the proceeding.  Disposition may be made of any case by stipulation, agreed settlement, consent order or default.

(Source:  Amended at 33 Ill. Reg. 14137, effective September 28, 2009)