Section 200.180  Cross-Examination

a)         Subject to the evidentiary requirements, a party may conduct cross-examination required for a full and fair disclosure of the facts.

b)         If the hearing officer determines that a witness is hostile or unresponsive, the hearing officer shall authorize the examination by the party calling the witness as if under cross-examination.

c)         Any party may call any adverse party as a witness and proceed to examine that adverse party as if under cross-examination except that, if the Respondent wants to call a representative of the Agency as an adverse witness, he/she may do so only if the representative was directly involved in the determinations that served as the basis for the Agency's Preliminary Order under this Part.

d)         Any party calling a witness, upon a showing that he/she called the witness in good faith and is surprised by the testimony of the witness, may impeach that witness by evidence of prior inconsistent statements.

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