Illinois Administrative Code
Title 62 - MINING
Part 1848 - GENERAL RULES RELATING TO PROCEDURE AND PRACTICE
Section 1848.15 - Rules of Evidence; Official Notice

Current through Register Vol. 48, No. 12, March 22, 2024

a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent men 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.

b) Subject to the evidentiary requirements of subsection (a) above, a party may conduct cross-examination required for a full and fair disclosure of the facts.

c) Official notice may be taken of the public records of the Department and of any matters of which the circuit courts of Illinois 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 of the material noticed either before or during the hearing, and they shall be afforded an opportunity to contest the material so noticed. The Department's experience, technical competence and specialized knowledge may be used in the evaluation of the evidence.

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