Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS
Subpart C - MISCELLANEOUS PROVISIONS
Section 168.400 - Sanctions

Universal Citation: 35 IL Admin Code ยง 168.400

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

a) If a party or any person refuses to comply with any provision of these rules or fails to comply with any order entered under these rules, the Hearing Officer shall enter such orders as are just including, among others, the following:

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.

c) If a party fails to answer any interrogatory served upon him, the proponent of the interrogatory may on notice move for an order compelling an answer. If the Hearing Officer finds that the refusal or failure was without substantial justification, the Hearing Officer shall require the party or person to answer.

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