TITLE 14: COMMERCE
SUBTITLE A: REGULATION OF BUSINESS
CHAPTER I: SECRETARY OF STATE
PART 130 REGULATIONS UNDER ILLINOIS SECURITIES LAW OF 1953
SECTION 130.1120 HEARINGS


 

Section 130.1120  Hearings

 

The sequence to be followed for each contested case is as follows:

 

a)         Pre-Hearing Conference – Optional.  The purposes of which are set out in Section 130.1118 of this Part; and

 

b)         Hearings

 

1)         Preliminary matters – Motions, attempts to narrow issues or limit evidence;

 

2)         Opening Statements – The party initiating the hearing proceeds first;

 

3)         Case in Chief – Evidence and witnesses are presented by the party initiating the hearing.  As a witness' testimony is completed, he or she is subject to cross-examination;

 

4)         Defense (including affirmative defense) – Evidence and witnesses may be presented by the opposing parties;

 

5)         Rebuttal;

 

6)         Closing Statements – The party bearing the burden of proof proceeds first, then the opposing party, then a final reply by the party bearing the burden of proof; and

 

7)         Hearing Officer's Report consisting of:  a statement of matters officially noticed, proposed findings of fact, proposed conclusions of law, and proposed recommendation as to disposition by the hearing officer.

 

(Source:  Added at 14 Ill. Reg. 5188, effective March 26, 1990)