Section 125.252  Scope of Preliminary Hearing – Procedures – Evidence

The closed preliminary hearing is not an adjudication, but shall be an inquiry to elicit evidence on the question whether the complaint was filed on justifiable grounds, and having some basis in fact and law.

a)         The closed preliminary hearing shall be conducted by the Examiner.

b)         Minutes of the closed preliminary hearing shall be kept by the Board staff and signed by the Examiner. A party may record the proceedings by employing his or her own court reporter, or otherwise recording the hearing. Minutes of the closed preliminary hearing shall be made available to any party upon request.

c)         The closed preliminary hearing need not be strictly adversarial in nature;

1)         Any person offering evidence, written or oral shall affirm to the Examiner that his or her evidence is true to the best of his or her information and belief;

2)         Evidence may be submitted in narrative form;

3)         The Examiner shall not be bound to follow rules of evidence acceptable in an Illinois court of record, but may admit and rely upon for his or her recommendation such evidence or information of a type commonly relied upon by reasonably prudent men in the conduct of their affairs as provided by Section 12 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1987, ch. 127, par. 1012);

4)         The complainant bears the burden of introducing such evidence or information sufficient under subsection (c)(3), for the Board to conclude that the complaint has been filed on justifiable grounds;

5)         The complainant will ordinarily present evidence or information supporting its complaint first in order. The complainant will present his case first except when convenience to the Examiner or the respondent requires the respondent to proceed first. The consent, in such cases, of the complainant will be required. The respondent may then present any information or evidence; and

6)         The Examiner may ask the complainant or respondent any questions relevant to the charges of the complaint. Any question is relevant if it has the possibility of eliciting an answer which tends to make the ultimate fact of justifiable grounds more or less likely.

d)         At the close of the hearing the Examiner shall summarize his or her conclusions concerning the evidence and information represented and draft a recommendation to the Board addressing the questions whether the complaint was filed on justifiable grounds. The Examiner shall also attach to the minutes any documents tendered to the Board during the hearing, and submit his recommendation and the minutes to the Board for their consideration. He shall send a copy to the General Counsel.

e)         The Examiner shall have no authority to rule on any questions of law raised by the complainant or respondent, but shall note in the minutes all such matters for the Board's disposition.

f)          At any time before the Examiner submits his recommendation and minutes, the complainant and respondent may settle the matters between them, subject to the approval of the Board. If the Board or a member of its staff is the complainant, the Examiner shall have the authority to enter into a stipulation for settlement pursuant to Section 125.254 of this Part, which stipulation shall be subject to Board approval.

(Source:  Amended at 14 Ill. Reg. 10832, effective June 22, 1990)