Ill. Admin. Code tit. 74 § 730.330

Current through Register Vol. 48, No. 45, November 8, 2024

Section 730.330 - Evidence

a) Except as otherwise provided in this Section, the rules of evidence and privilege applicable to all contested Administrative Hearings will be the rules of evidence that are applied in civil cases in the circuit courts of the State of Illinois. In addition, the Hearing Officer may receive material, relevant evidence that would be relied upon by a reasonably prudent person in the conduct of serious affairs [ 5 ILCS 100/10-40 ] that is reasonably reliable and reasonably necessary to a resolution of the issue for which it is offered.

b) The Hearing Officer shall exclude immaterial, irrelevant and repetitious evidence.

c) The Hearing Officer shall use discretion in admitting or denying the admission of evidence.

d) Hearsay is not admissible except when exceptions to the hearsay rule exist under Illinois law, or when a statement has circumstantial guarantees or trustworthiness, and if the probative value of the statement outweighs any prejudice resulting from an inability to cross-examine the declarant.

Ill. Admin. Code tit. 74, § 730.330

Adopted at 42 Ill. Reg. 9587, effective 5/23/2018.