Section 125.95  Authority of Hearing Officer

The Hearing Officer has the authority to conduct and preside over an adjudicatory hearing, to take all necessary action to avoid delay, to maintain order, to ensure compliance with all notice requirements, and to ensure the development of a clear and complete record.  He or she shall have all powers necessary to conduct a fair and impartial hearing, including, but not limited to, the power to:

a)         Administer oaths and affirmations;

b)         Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by depositions if necessary, and in general conduct the proceedings according to recognized principles of administrative law and the provisions of this Part;

c)         Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitious or cumulative testimony, and set reasonable limits on the amount of time each witness may testify;

d)         Rule upon offers of proof and receive relevant evidence;

e)         Direct parties to appear and confer for the settlement or simplification of issues, and otherwise conduct pre-hearing conferences;

f)         Dispose of procedural requests or similar matters;

g)         Issue orders relating to pre-hearing discovery to the extent authorized by and permitted under this Part;

h)         In connection with a public hearing on a complaint, render proposed Findings of Fact and Conclusions of Law and make recommendations for a final order of the Board;

i)          Enter any order that further carries out the purpose of this Part;

j)          Issue subpoenas and rule upon objections to subpoenas and discovery orders;

k)         Consider and rule upon all motions presented in the course of the proceedings.

(Source:  Amended at 35 Ill. Reg. 2351, effective February 4, 2011)