Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS
Section 1240.110 - Subpoenas
Universal Citation: 80 IL Admin Code ยง 1240.110
Current through Register Vol. 48, No. 38, September 20, 2024
The Board, upon the request of an Administrative Law Judge (ALJ) or upon the written application of a party, shall have the power to issue subpoenas for witnesses and subpoenas for documents.
a) Subpoenas for Witnesses
1) A party's written application for
subpoenas for witnesses must be directed to the ALJ, and must contain the
following information:
A) the title and case
number of the proceeding;
B) the
name, address and phone number of the party requesting the subpoena and its
representative;
C) the name of the
person to be subpoenaed; and
D) the
date, time and place of the appearance to be commanded.
2) Applications must be filed with the Board
and served on the other parties to the case at least 10 days before the
hearing. The requested subpoenas may be picked up at the Board's office where
the hearing will be held or at the office specified by the applicant in the
subpoena request. Upon request, the Board will mail the subpoenas to the
applicant.
3) The party requesting
the subpoenas shall be responsible for serving the subpoenas on the witnesses
at least 5 days before the hearing date. The party requesting the subpoenas
shall also be responsible for payment of the witness fees for attendance,
subsistence and mileage at the time the subpoena is served. Witnesses appearing
at a hearing pursuant to subpoena are entitled to the same fees and mileage as
are allowed witnesses in civil cases in the courts of the State of Illinois,
pursuant to Section
4.3 of the Circuit
Court Act [705 ILCS
35/4.3] . The requesting party must tender all fees
with the subpoena. A witness appearing at the request of the Board shall submit
the subpoena with a voucher when claiming reimbursement.
4) Board employees shall not be subpoenaed to
testify regarding matters that occurred during their employment with the
Board.
5) Subpoenas shall remain in
effect throughout the course of the proceedings.
b) Subpoenas for Documents (Subpoena Duces Tecum)
1) A party's written application for
subpoenas for documents must be directed to the ALJ and must contain the
following information:
A) the title and case
number of the proceeding;
B) the
name, address and phone number of the party requesting the subpoena and its
representative;
C) a detailed
description of the books, papers, documents or other objects to be produced
pursuant to the subpoena;
D) the
name of the person to be served with the subpoena; and
E) the date, time and place of production to
be commanded.
2)
Applications must be filed with the Board and served on the other parties to
the case at least 10 days before the hearing and 10 days before the date on
which the documents are to be produced. The date and time for production of
documents may be prior to the hearing. The requested subpoenas may be picked up
at the Board's office where the hearing will be held or at the office specified
by the applicant in the subpoena request. Upon request, the Board will mail the
subpoenas to the applicant.
3) The
party requesting the subpoenas shall be responsible for serving the subpoenas
at least 5 days before the hearing date and 5 days before the date on which the
documents are to be produced.
4)
Confidential Board documents as defined in 2 Ill. Adm. Code
2501.20(c)
shall not be subpoenaed.
c) Motions to Revoke Subpoenas
A person objecting to the subpoena may file a motion to revoke the subpoena. The motion must be filed at least 3 days prior to the hearing and shall be filed with the ALJ assigned to the case. Grounds for revocation shall include irrelevance, undue burden and privilege.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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