Ill. Admin. Code tit. 11, § 1800.750 - Proceedings
a) All testimony
shall be given under oath or affirmation.
b) Both parties may present opening
statements. The Board will proceed first.
c) The Board shall then present its case. The
Board shall establish the charges contained in the notice of proposed
disciplinary action by a preponderance of the evidence.
d) Upon the conclusion of the Board's case,
the licensee may move for a directed finding. The Administrative Law Judge may
hear arguments on the motion or may grant, deny or reserve decision on the
motion, without argument.
e) If no
motion for directed finding is made, or if such motion is denied or decision
reserved, the licensee may present its case.
f) The licensee bears the burden of rebutting
the charges contained in the notice of proposed disciplinary action by clear
and convincing evidence.
g) Each
party may conduct cross-examination of adverse witnesses.
h) Upon the conclusion of the licensee's
case, the Board may present evidence in rebuttal.
i) If the Board presents rebuttal evidence,
the licensee may present additional, non-cumulative, evidence in
surrebuttal.
j) Both parties may
present closing arguments. The licensee proceeds first, then the Board and
thereafter the licensee may present rebuttal argument.
Notes
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