TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 351 PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS
SECTION 351.305 HEARING PROCEDURES


 

Section 351.305  Hearing Procedures

 

a)         All witnesses shall be sworn.

 

b)         A party may cross-examine any witness to promote a full and fair disclosure of the facts, subject to the evidentiary requirements of these rules. The Hearing Officer may also question witnesses within the same limits.

 

c)         The admission of evidence shall be guided by the following provisions:

 

1)         The rules of evidence and privilege, as applied in civil cases in the circuit courts of Illinois, shall be followed.  However, evidence not admissible under such rules may be admitted, except where precluded by statute, if the evidence is of the type commonly relied upon by reasonable persons in the conduct of their affairs.

 

2)         Irrelevant, immaterial and unduly repetitious evidence shall be excluded.

 

3)         Any part of the evidence may be received in written form when the hearing will be expedited and the interests of the parties will not be prejudiced.

 

4)         Objections to evidentiary offers may be made and shall be noted in the record.

 

d)         Official notice may be taken of:

 

1)         Matters of which the circuit courts of Illinois may take judicial notice:

 

2)         Generally recognized technical or scientific facts within the Agency's specialized knowledge.