(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
Sec. 10-40. Rules of evidence; official notice. In contested cases:
(a) Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. The rules of evidence and privilege as applied in civil cases
in the circuit courts of this State shall be followed. Evidence not
admissible under those rules of evidence may be admitted, however, (except
where precluded by statute) if it is of a type commonly relied upon by
reasonably prudent men in the conduct of their affairs. Objections to
evidentiary offers may be made and shall be noted in the record. Subject
to these requirements, when a hearing will be expedited and the interests
of the parties will not be prejudiced, any part of the evidence may be
received in written form.
(b) Subject to the evidentiary requirements of subsection (a) of this
Section, a party may conduct cross-examination required for a full and fair
disclosure of the facts.
(c) Notice may be taken of matters of which the circuit courts of this
State may take judicial notice. In addition, notice may be taken of
generally recognized technical or scientific facts within the agency's
specialized knowledge. Parties shall be notified either before or during
the hearing, or by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and they shall be
afforded an opportunity to contest the material so noticed. The agency's
experience, technical competence, and specialized knowledge may be utilized
in the evaluation of the evidence.
(Source: P.A. 99-78, eff. 7-20-15.)
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