Ill. Admin. Code tit. 74 § 730.380

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

Section 730.380 - Administrative Record

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

1) All pleadings (including, but not limited to, the Petition for Hearing/Notice of Hearing and any Answers);

2) Motions, briefs, arguments, affidavits, exhibits, documents and records;

3) All evidence received;

4) All discovery responses;

5) A transcript of the hearing, as well as any transcript of any proceeding applicable for appeal or for administrative review;

6) A statement of matters officially noticed;

7) Offers of proof, objections and rulings;

8) Any proposed findings and exceptions;

9) Any order, decision, opinion or report by the Hearing Officer;

10) All staff memoranda or data submitted to the Hearing Officer of the case; and

11) Any communication prohibited by Section 10-60 of the IAPA or the rules concerning ex parte communications.

b)Findings of fact shall be based exclusively on the evidence and on matters officially noticed. [ 5 ILCS 100/10-35 ]

c) The record shall not contain the following, unless a Party requests that the documents be included in the record.

1) Cover Letters;

2) Notices of Filing;

3) Proofs of Service of Regular Mail;

4) Notices of Deposition; or

5) Discovery Requests.

d) The Treasurer shall be the official custodian of the administrative record of the Administrative Hearing proceedings held before the Treasurer.

Ill. Admin. Code tit. 74, § 730.380

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