Ill. Admin. Code tit. 38, § 1050.1600 - Motion and Answer

Current through Register Vol. 46, No. 15, April 8, 2022

a) Any party receiving a notice of hearing must file an answer not later than five days prior to the date of hearing. All answers to motions preliminary to a hearing shall be presented to the hearing officer at least five days prior to the date of hearing, or on such other date as the hearing officer shall designate, and shall be served personally or by registered or certified United States mail. Failure to file an answer at least five days prior to the hearing constitutes a default and the hearing officer may enter a default judgment. The hearing officer may require proof of the allegations of the pleadings upon which relief is sought prior to entering a default judgment.
b) Unless made orally on the record during a hearing, or unless the hearing officer directs otherwise, an answer to a motion shall be in writing and shall be accompanied by any affidavits or other evidence relied upon and, as appropriate, by a proposed order.
c) Within five days after service of a written motion, or other period as the hearing officer may prescribe, a party may file a response in support of or in opposition to the motion, accompanied by affidavits or other evidence. If no response is filed, the parties shall be deemed to have waived objection to the granting of the motion. The moving party shall have no right to reply, except as permitted by the hearing officer in order to provide a full and fair hearing.
d) No oral argument will be heard on a motion unless the hearing officer directs otherwise. A written brief may be filed with a motion or an answer to a motion, stating the arguments and authorities relied upon.
e) A written motion shall be disposed of by issuance of a written order and the order shall be effective when received by all parties or as specified in the order.
f) The hearing officer shall rule upon all motions, except that the hearing officer shall have no authority to dismiss or decide a hearing on the merits without granting all parties to the proceeding a right to be heard and to establish a record.
g) Unless otherwise ordered, the filing of an answer or motion shall not stay the proceeding or extend the time for the performance of any act.
h) A party may participate in the proceedings without forfeiting any jurisdictional objection, if such objection is raised at or before the time the party files an answer or motion, or, if no answer to motion is made, before the commencement of the hearing.

Notes

Ill. Admin. Code tit. 38, § 1050.1600

Amended at 29 Ill. Reg. 14808, effective September 26, 2005

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