Ill. Admin. Code tit. 38, § 1050.1660 - Prehearing Conferences

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

a) Upon written notice by the hearing officer in any proceeding, or upon written request by any party, the hearing officer may direct parties or their attorneys to appear at a specified time and place for a conference, prior to or during the course of hearing, for the purpose of formulating issues and considering:
1) The simplification of issues;
2) The necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;
3) The possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record to avoid unnecessary introduction of proof;
4) The limitation of the number of witnesses;
5) The propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits; and
6) Other matters as may aid in the simplification of the evidence and disposition of the proceeding.
b) Opportunity shall be afforded to dispose of the case by stipulation, agreed settlement or consent order, unless otherwise precluded by law. Any stipulation, agreed settlement, or consent order reached before a final determination by the Division, shall be submitted in writing to the hearing officer and shall become effective only if approved by the hearing officer. The hearing officer shall consider, but is not limited to, the following factors in approving or disapproving a stipulation, agreed settlement or consent order:
1) The nature of the disposition relative to the administrative decision originally issued;
2) The severity of the violation of law or rule and the party's history of past violations of law or unsafe and unsound business practices. A conclusion that an activity is unsafe and unsound shall be supported by documentation gathered from examination and reports, books and records of a licensee showing that the practice could lead to:
A) dissipation of the licensee's assets or those of a licensee's customers, business associates or affiliates; or
B) insolvency.
c) Only if all parties to a proceeding agree, a record of the prehearing conference shall be kept and be certified to by the parties.

Notes

Ill. Admin. Code tit. 38, § 1050.1660

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

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