Section 101.626  Information Produced at Hearing

In compliance with Section 10-40 of the IAPA, the hearing officer will admit evidence that is admissible under the rules of evidence as applied in the civil courts of Illinois, except as otherwise provided in this Part or 35 Ill. Adm. Code 105.

a)         Evidence.  The hearing officer may admit evidence that is material, relevant, and would be relied upon by prudent persons in the conduct of serious affairs, unless the evidence is privileged.

b)         Admissibility of Evidence.  When the admissibility of evidence depends upon a good faith argument as to the interpretation of substantive law, the hearing officer will admit the evidence.

c)         Scientific Articles and Treatises.  Relevant scientific or technical articles, treatises, or materials may be introduced into evidence by a party.  The materials are subject to refutation or disputation through introduction of documentary evidence or expert testimony.

d)         Written Testimony.  Written testimony may be introduced by a party in a hearing only if provided to all other parties of record before the date of the hearing and only after the opposing parties have had an opportunity to object to the written testimony and to obtain a ruling on the objections before its introduction.  Written testimony may be introduced by a party only if the persons whose written testimony is introduced are available for cross-examination at hearing.

e)         Admission of Business Records.  A writing or record, whether in the form of any entry in a book or otherwise made as a memorandum or record of any act, transaction, occurrence, or event, may be admissible as evidence of the act, transaction, occurrence, or event.  To be admissible, the writing or record must have been made in the regular course of business, if it was the regular course of business to make the memorandum or record at the time of the act, transaction, occurrence, or event, or within a reasonable time afterwards.  All other circumstances of the making of the writing or record, including lack of personal knowledge by the entrant or maker, may be admitted to affect the weight of the evidence, but will not affect admissibility.  The term "business," as used in this subsection (e), includes businesses, professions, occupations, and callings of every kind.

f)         Prior Inconsistent Statements.  Prior statements made under oath may be admitted to impeach a witness if the statement is inconsistent with the witness' testimony at hearing.

g)         Oral and Written Statements.  Oral and written statements from participants may be taken at hearing under Section 101.628.

(Source:  Amended at 44 Ill. Reg. 14867, effective September 4, 2020)