Ill. Admin. Code tit. 38, § 1050.1670 - Discovery

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

a) The following discovery procedures may be ordered by the hearing officer upon the hearing officer's initiative or upon the written request of any party when necessary to expedite the proceedings, to ensure a clear or concise record, to ensure a fair opportunity to prepare for the hearing, or to avoid surprise at the hearing. The hearing officer shall so order when he or she makes a finding that this is necessary: in order to expedite the proceedings; to create an accurate and fair record; to verify authenticity of items or documents; or to minimize surprise or delay.
1) Production of documents or things;
2) Depositions;
3) Interrogatories.
b) The hearing officer may order the following discovery upon written request of any party:
1) List of persons who may have knowledge of facts concerning the subjects of inquiry at the hearing;
2) Reasonable inspection of books, accounts, records and documents by experts.
c) Any person, including a party, who is deposed, interrogated or required to submit documents or things under this Subpart may be examined regarding any matter, not privileged, which is relevant to the subject matter of the hearing, or that may lead to the discovery of relevant information.
d) All depositions and interrogatories taken pursuant to this Subpart shall be for purposes of discovery only, except as provided in this Section. Depositions and interrogatories may be used for purposes of impeachment and as admissions of the deposed or interrogated party. Upon application to the hearing officer, either before or after the taking of the deposition or interrogatories and upon a showing that, at the time of the hearing, the party deposed or interrogated will not be available to participate in the hearing because of death, age, sickness, infirmity, absence from the country or other exceptional circumstances, the hearing officer may order that the deposition or interrogatories be used as evidence in the hearing.

Notes

Ill. Admin. Code tit. 38, § 1050.1670

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

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