Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS
Subpart B - CONTESTED CASE PERMIT HEARINGS
Section 166.295 - Sanctions

Universal Citation: 35 IL Admin Code ยง 166.295

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

a) If a party refuses to comply with any provision of this Subpart B or fails to comply with any order entered under these rules, the Hearing Officer shall enter any of the following orders when necessary to obtain compliance without prejudicing the rights of any other party:

1) That further proceedings be stayed until there is compliance with the order or rules;

2) That the offending party be debarred from filing any other pleading relating to any issue to which the refusal or failure relates;

3) That the offending party be debarred from maintaining any particular claim or defense relating to that issue;

4) That a witness be barred from testifying concerning that issue; and

5) That any portion of the offending party's pleadings relating to that issue be stricken.

b) If a party or person refuses to answer any question propounded at deposition, the deposition shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on notice to all persons affected thereby, the proponent may move the Hearing Officer for an order compelling an answer. The Hearing Officer shall then issue an order compelling an answer if the party continues to refuse to answer.

c) If a party fails to answer any interrogatory or request to admit served upon it, the proponent of the interrogatory or request to admit may on notice move for an order compelling an answer. If the Hearing Officer finds that the refusal or failure was without substantial justification, such as the inability to answer due to illness or lack of information or the information requested in irrelevant or privileged, the Hearing Officer shall required the party or person to answer.

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