Section 200.170  Evidence at Hearings

a)         When the hearing results from the denial of an application for licensure or accreditation, or denial of an application for reinstatement of licensure or accreditation, the Respondent shall have the right to introduce evidence at the hearing that was not made available to the Agency at the time the application was denied.  If the hearing officer determines that the additional evidence could have affected the Agency's decision to deny the application, the hearing officer shall suspend the hearing to enable appropriate representatives of the Agency to consider this additional evidence and to decide whether the decision to deny the application should be modified or reversed.

b)         Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  The rules of evidence and privilege as applied in civil cases in the Circuit Courts of this State shall be followed.  However, evidence not admissible under those rules of evidence may be admitted (except where precluded by statute) if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.  When the admissibility of evidence is in dispute and depends upon fairly arguable interpretations of law, the evidence shall be admitted.  Objections to evidentiary offers may be made and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.  Any party may submit evidence in rebuttal.

c)         Accurate summaries of voluminous documents may be admitted into evidence.  The document summarized need not itself be admitted into evidence.  Copies of the document need not be provided so long as all parties are accorded a reasonable opportunity to inspect the document summarized.

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