Illinois Administrative Code
Title 80 - PUBLIC OFFICIALS AND EMPLOYEES
Part 1240 - POLICE OFFICER DECERTIFICATION PROCEEDINGS
Section 1240.80 - Authority of Administrative Law Judges
Current through Register Vol. 48, No. 38, September 20, 2024
The Administrative Law Judge (ALJ) shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order and to ensure development of a clear and complete record. The ALJ shall have all powers necessary to achieve these ends, including, but not limited to, the discretionary authority to:
a) Require the parties to participate in a pre-hearing conference before proceeding with a hearing;
b) Require all parties to submit pre-hearing information, including, but not limited to, a detailed written statement of the issue to be resolved at hearing and its position; a list of witnesses each party intends to call, the nature of their testimony, the estimated time for each witness' testimony, and the estimated time for the party's case in chief; a list of exhibits to be offered by each party in its case in chief and a copy of each exhibit; and all other information the ALJ requests;
c) Regulate the proceedings of the case and the conduct of the parties and their counsel;
d) Administer oaths and affirmations;
e) Receive relevant testimony and evidence;
f) Establish reasonable limits on the frequency and duration of the testimony of any witness and limit repetitious or cumulative testimony;
g) Examine witnesses and direct witnesses to testify; however, this provision does not lessen any party's burden of proof;
h) Issue subpoenas and rule upon motions to revoke subpoenas;
i) Take administrative notice of generally recognized facts of which Illinois courts may take judicial notice and of other facts within the specialized knowledge and experience of the Board;
j) Rule on objections, motions and questions of procedure;
k) Authorize the submission of briefs and set the time for their filing;
l) Hear closing argument;
m) Order a hearing reopened prior to the issuance of the ALJ's recommended decision;
n) Render and serve the recommended decision on the parties to the proceeding;
o) Carry out the duties of ALJs as provided or otherwise authorized by this Part, 80 Ill. Adm. Code 1200, 1210, 1220 or 1230, or Section 6.1 of the Act.
