Ill. Admin. Code tit. 80 § 1240.80

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

Section 1240.80 - Authority of Administrative Law Judges

The Administrative Law Judge (ALJ) shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order and to ensure development of a clear and complete record. The ALJ shall have all powers necessary to achieve these ends, including, but not limited to, the discretionary authority to:

a) Require the parties to participate in a pre-hearing conference before proceeding with a hearing;

b) Require all parties to submit pre-hearing information, including, but not limited to, a detailed written statement of the issue to be resolved at hearing and its position; a list of witnesses each party intends to call, the nature of their testimony, the estimated time for each witness' testimony, and the estimated time for the party's case in chief; a list of exhibits to be offered by each party in its case in chief and a copy of each exhibit; and all other information the ALJ requests;

c) Regulate the proceedings of the case and the conduct of the parties and their counsel;

d) Administer oaths and affirmations;

e) Receive relevant testimony and evidence;

f) Establish reasonable limits on the frequency and duration of the testimony of any witness and limit repetitious or cumulative testimony;

g) Examine witnesses and direct witnesses to testify; however, this provision does not lessen any party's burden of proof;

h) Issue subpoenas and rule upon motions to revoke subpoenas;

i) Take administrative notice of generally recognized facts of which Illinois courts may take judicial notice and of other facts within the specialized knowledge and experience of the Board;

j) Rule on objections, motions and questions of procedure;

k) Authorize the submission of briefs and set the time for their filing;

l) Hear closing argument;

m) Order a hearing reopened prior to the issuance of the ALJ's recommended decision;

n) Render and serve the recommended decision on the parties to the proceeding;

o) Carry out the duties of ALJs as provided or otherwise authorized by this Part, 80 Ill. Adm. Code 1200, 1210, 1220 or 1230, or Section 6.1 of the Act.

Ill. Admin. Code tit. 80, § 1240.80