Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS
Subpart B - CONTESTED CASE PERMIT HEARINGS
Section 166.240 - Conduct of the Hearing

Universal Citation: 35 IL Admin Code ยง 166.240

Current through Register Vol. 48, No. 38, September 20, 2024

a) All testimony taken at hearings shall be under oath or affirmation.

b) All motions and objections made during a hearing shall be stated in writing or orally on the record, including the grounds for such objections. The Hearing Officer shall rule on said motions either in writing or orally on the record, and shall state the grounds for such ruling.

c) The parties shall proceed at all stages of the hearing including opening and closing statements, the offering of evidence, and examination of witnesses, in the order in which they appear in the pleadings unless otherwise agreed by the parties. In consolidated cases or where intervention has been granted the Hearing Officer shall designate the order.

d) The following shall be the order of the hearing.

1) Presentation, argument, and disposition of motions preliminary to a hearing on the merits of the matters raised in the complaint;

2) Presentation of opening statements;

3) Applicant's case in chief;

4) Objector/Respondent case in chief;

5) Statement from the public, if authorized by the Hearing Officer;

6) Objector's/Respondent's closing argument, which may include legal argument;

7) Applicant's closing argument, which may include legal argument;

8) Presentation and argument of all motions prior to submission of the transcript to the Hearing Officer; and

9) A schedule for submission of briefs to the Hearing Officer.

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