Ill. Admin. Code tit. 89, § 270.446 - Witness Testimony
a) The ALJ
may exercise reasonable control over the form of the examination and order of
witnesses so as to make the examination effective for gathering the facts,
avoiding delay, and protecting witnesses from harassment or undue
embarrassment. The ALJ may limit the examination of witnesses to prevent
cumulative or irrelevant evidence.
b) Before testifying, a witness shall declare
by oath or affirmation and under penalty of perjury that he or she will testify
truthfully.
c) Any individual is
competent to testify as a witness so long as he or she is capable of
understanding the nature of an oath or affirmation and giving an accurate
account of facts within the witness' personal knowledge. In the absence of
contrary evidence, a witness is presumed competent to testify. The ALJ
determines competency of a witness.
d) A witness may appear voluntarily to
testify or may testify under power of a subpoena issued by the Department /other
entity under Section
270.440.
e) A witness compelled to testify in response
to a subpoena may be accompanied and advised by an attorney.
f) A witness may testify as to facts within
the witness' personal knowledge. A witness not qualified as an expert pursuant
to Section 270.448 may only provide opinion testimony if the opinion is
rationally based on the perception of the witness and helpful to a clearer
understanding of the witness' testimony or a determination of the
issues.
g) Any party may request to
call any individual as a witness and conduct direct examination. Except for
preliminary matters and facts already in evidence, questions on direct
examination should be open-ended, non-leading questions.
h) The opposing party is entitled to
cross-examine any witness. A witness may be cross-examined on any matter
relevant to any issue in the case, including credibility. In the interests of
justice, the ALJ may limit testimony on cross-examination to subject matters
testified about on direct examination.
i) A party may be allowed to examine an
adverse witness as if under cross-examination.
j) The ALJ may question any witness pursuant
to Section 270.452(g)(6).
k) If a
witness uses a document to refresh memory for the purpose of testifying, either
while testifying or before testifying, the ALJ may have the witness show the
document to the opposing party and be cross-examined about the
document.
l) In the interests of
justice, at the request of a party , or an ALJ 's own motion, the ALJ may order
witnesses excluded so that they cannot hear the testimony of other
witnesses.
m) The ALJ may direct
that all excluded or non-excluded witnesses be kept separate until called and
may prevent them from communicating with one another until they have been
examined or the hearing is ended.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.