Section 120.610  Record in Contested Cases

a)         A full and complete record shall be kept of all proceedings. The record shall consist of the following:

1)         All pleadings, including all notices and responses to those pleadings;

2)         A transcript of the hearing, if any, and all evidence received;

3)         A statement of matters officially noticed;

4)         Any offers of proof, objections to that proof, and rulings on that proof;

5)         Any proposed findings and acceptance;

6)         Any decision, opinion or report by the ALJ;

7)         All staff memoranda or data submitted to the ALJ or employees of the Department in connection with their consideration of the case; and

8)         Any ex parte communication prohibited by Section 10-60 of the IAPA, but those communications shall not form the basis for any finding of fact.

b)         The record shall also contain the following:

1)         Subpoenas;

2)         Requests for Subpoenas;

3)         Cover letters;

4)         Notices of Filing; and

5)         Certificates of mailing for regular mail and return receipts for certified mail.

c)         The Department shall be the official custodian of the records of administrative hearings held by the Department.

(Source:  Amended at 38 Ill. Reg. 17631, effective August 15, 2014)