Ill. Admin. Code tit. 35, § 101.618 - Admissions

a) General. All requests to admit must be served upon a party no later than 35 days before hearing. All answers or objections to requests to admit must be served upon the party requesting the admission within 28 days after the service of the request.

b) Extension of Time. Under Sections 101.522 and 101.610, the hearing officer may extend the time for filing any request, answer, or objection either before or after the expiration of time.

c) Request to Admit. Any party serving a request to admit under subsection (d) or (e) must include the following language in the first paragraph of the request: "Failure to respond to the following requests to admit within 28 days may have severe consequences. If you fail to respond to the following requests, you will be considered to have admitted that all the facts requested are true for this proceeding. If you have any questions about this procedure, you should contact the hearing officer assigned to this proceeding or an attorney."

d) Request for Admission of Fact. A party may serve a written request for admission of the truth of specific statements of fact on any other party.

e) Request for Admission of Genuineness of Document. A party may serve a written request for admission of the genuineness of documents on any other party. Copies of the document must be served unless the document has already been furnished in the present proceeding.

f) Admitted If Not Denied. Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 28 days after service, the party to whom the request is directed serves upon the party requesting the admission either a sworn statement denying specifically the matters of which admission is requested or stating in detail the reasons why the party cannot truthfully admit or deny those matters, or written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part. If written objections to a part of the request are made, the remainder of the request must be answered within the period designated in the request. A denial must fairly address the substance of the requested admission.

g) Partial Denial or Qualification. If good faith requires that a party deny a part of a matter for which an admission is requested, or if a part requires qualification, the party must specify the part that is denied or qualified and admit only the remainder.

h) Objection. Any objection to a request or to any answer must be stated with specificity, and will be heard by the hearing officer upon notice and motion of the party making the request.

i) Effect of Admission. Any admission made by a party to a request under this Section is for the pending proceeding only. It is not an admission by the party for any other purpose and must not be used against him or her in any other proceeding.

Notes

Ill. Admin. Code tit. 35, § 101.618

Amended at 41 Ill. Reg. 9930, effective 7/5/2017 Amended at 43 Ill. Reg. 9674, effective 8/22/2019