Illinois Administrative Code
Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
Part 1700 - LOTTERY HEARINGS
Section 1700.150 - Evidence at Hearings
Universal Citation: 11 IL Admin Code ยง 1700.150
Current through Register Vol. 48, No. 12, March 22, 2024
a) Evidence at hearings shall be governed by Section 10-40 of the Illinois Administrative Procedure Act.
1)
Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. The rules of evidence and privilege as applied in civil cases in
Illinois circuit courts shall be followed (see Supreme Court of
Illinois Rules of Evidence). Evidence not admissible under those rules
of evidence may be admitted, (except where precluded by statute)
if it is of a type commonly relied upon by reasonably prudent persons
in the conduct of their affairs. Objections to evidentiary offers may be made
and shall be noted in the record. Subject to these requirements, when a hearing
will be expedited and the interests of the parties will not be prejudiced, any
part of the evidence may be received in written form.
2)
Subject to the evidentiary
requirements of subsection (a)(1), a party may conduct
cross-examination required for a full and fair disclosure of the
facts.
3)
Notice
may be taken of matters of which the circuit courts of this State may take
judicial notice. In addition, notice may be taken of generally recognized
technical or scientific facts within the Department's
specialized knowledge. Parties shall be notified either before or
during the hearing, or by reference in preliminary reports or otherwise, of the
material noticed, including any staff memoranda or data, and they shall be
afforded an opportunity to contest the material so noticed. The
Department's experience, technical competence, and specialized
knowledge may be utilized in the evaluation of the evidence.
[5 ILCS
100/10-40 ].
4) All exhibits for any party shall be
clearly marked for identification. A sufficient number of copies shall be made
prior to the commencement of the hearing and when admitted into evidence by the
Administrative Law Judge.
5) The
ALJ may, on the ALJ's own initiative or at the request of any party or witness,
enter a protective order to prevent exposure in the public domain of records or
other information that is of a sensitive or confidential nature.
b) Parties may, by stipulation, agree upon any facts involved in the proceeding. The facts stipulated shall be considered as evidence in the proceeding, provided that the ALJ may require proof of any fact necessary to adjudicate the facts at issue.
c) Unless otherwise provided by law or stated in this Part, the standard of proof in any contested case hearing conducted under the Lottery Law shall be the preponderance of the evidence as required by Section 10-15 of the Illinois Administrative Procedure Act.
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