Section 100.18  Records of Proceedings

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

1)         all pleadings (including all notices and responses thereto), motions, and rulings;

2)         an audio recording or stenographic transcript of the hearing, if any, and all evidence received;

3)         a statement of matters officially noticed;

4)         any offers of proof, objections and rulings thereon;

5)         any proposed findings and exceptions;

6)         any decision, opinion, or report by the administrative law judge;

7)         all staff memoranda or data submitted to the administrative law judge or members of the Department in connection with their consideration of the case; and

8)         any communication prohibited by Section 10-60 of the IAPA.  No such communication shall form the basis for any finding of fact. (Section 10-35 of the IAPA)

b)         The record shall not contain the following unless a party requests that the document or documents be included in the record:

1)         Subpoenas;

2)         Requests for Subpoenas:

3)         Cover letters;

4)         Notices of Filing;

5)         Certificates of Mailing for regular mail; and

6)         Discovery Requests.

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

(Source:  Amended at 34 Ill. Reg. 11768, effective July 30, 2010)