Ill. Admin. Code tit. 56, § 2605.270 - Discovery
a) Discovery shall
only commence after a preliminary Hearing . Discovery shall not be the subject
of motions presented to the Hearing Officer, except when a motion is made
alleging failure to comply with this Section and requesting relief in the form
of limitation of evidence, dismissal of the case, or a recommendation to the
Director based on the pleadings without a Hearing . The Hearing Officer, upon
finding that a party has not complied with this Section, may issue an order
providing for the foregoing remedies.
b) Upon written request served on the
opposing party , a party is entitled to:
1)
The name and business address of any witness who may be called to testify at
the Administrative Hearing and a description of the expected subject matter of
the potential witness' testimony;
2) Copies of any document that may be offered
as evidence at the Administrative Hearing ; and
3) A description of any other evidence that
may be offered at the Administrative Hearing .
c) A Recipient , at any time after a
preliminary Hearing and upon written request, will be required to produce
documents, books, records or other evidence that relates to the financial
assistance provided by the Department, including any records required to be
maintained or produced pursuant to an agreement with the Department.
d) The items set forth in subsections (b) and
(c) shall be provided within 28 days after service of a request, unless a
longer or shorter period is agreed upon by the parties or ordered by the
Hearing Officer.
e) The Hearing
Officer may restrict discovery when necessary to prevent undue delay or
harassment.
f) When a party obtains
or is in possession of exculpatory evidence, that party must turn over that
evidence to the opposing party within 28 days following the preliminary Hearing
or, if discovered after the preliminary Hearing , within 15 days after its
discovery and prior to a formal Hearing . Exculpatory evidence is any evidence
that tends to support the party's position or to call into question the
credibility of a witness.
g) A
party shall respond to any written discovery requests that were properly
served. Nothing in this Section shall prevent the parties in a contested case
from agreeing to a mutual exchange of information that is more extensive than
what is provided for in this Section. When the parties agree to the use of an
evidence deposition, that agreement shall be in writing and shall operate as a
waiver of any objection not made during the deposition, except for an objection
that the testimony of the witness is not relevant to the case.
h) The parties have a continuing obligation
to tender new information as it becomes available, as well as a continuing
obligation to supplement any disclosures or responses to discovery requests to
include information acquired after original submission.
Notes
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