Ill. Admin. Code tit. 86, § 1910.73 - Pre-hearing Conference - Formal Settlement Conference
a) The Board may on its own motion or on the
motion of any party to the appeal set a pre-hearing conference. The Board's
decision whether to conduct a pre-hearing conference will be based on the
complexity of the appeal, the issues in controversy and the potential for
settlement.
b) The purpose of the
pre-hearing conference shall be to:
1)
ascertain the positions of the parties;
2) promote the narrowing of issues;
3) allow for the admissions of fact and/or
stipulate to the admissibility of evidence;
4) exchange witness lists;
5) aid in the simplification of the evidence
and disposition of the proceedings; or
6) reach a compromise settlement agreeable to
the parties.
c) In all
cases where the contesting party is seeking a change in assessed valuation of
$100,000 or more, the Board may require or any party may request a court
reporter be present to record and transcribe the conference. When the Board on
its own motion sets a pre-hearing conference and requires the presence of a
court reporter, the contesting party shall provide for the court reporter at
his own expense. However, if any party requests a court reporter be present
such expense shall be borne by the party requesting transcription. If a court
reporter is not required at the pre-hearing conference, an electronic recording
device will be used by the Board to record the proceeding.
d) The Board shall issue a pre-hearing
conference order setting forth the matters agreed to and rulings as to disputed
matters. The order shall be served concurrently upon all parties and shall
control the subsequent course of the proceeding.
e) At any stage of the appeal, the Board or
any of its designated Hearing Officers may order a formal settlement conference
and require the participation of the parties. The Board's determination will be
based on the complexity of the appeal and the amount in controversy. Within 15
days after the formal settlement conference, the parties shall inform the Board
in writing whether a settlement regarding the correct assessment of the subject
property was reached. No court reporter nor any electronic recording device is
required at the formal settlement conference.
Notes
Amended at 29 Ill. Reg. 13574, effective August 19, 2005
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