Section 125.350  Discovery Procedures

a)         Discovery procedures may be ordered by the Hearing Examiner upon the written request of any party, or upon his own motion, where necessary to expedite the preceedings, to insure a clear and concise record, to insure a fair opportunity to prepare for the hearing, or to avoid surprise at the hearing, and where the allowance of such discovery procedures will not interfere with or impair the time requirements applicable to the proceeding.  Discovery may consist of the following:

1)         production of documents or things;

2)         depositions;

3)         written interrogatories; and

4)         requests for admissions of fact.

            The Hearing Examiner may restrict or deny such discovery where necessary to prevent undue delay or harassment.

b)         The Hearing Examiner shall order the following discovery upon written request of any party:

1)         list of witnesses who are known to the party, and who have knowledge of relevant facts;

2)         a list of any expert witnesses who may be called at the hearing, which shall be submitted to all parties prior to the hearing.

c)         Any person, including a party, who is deposed, interrogated or required to submit documents or things under this Part may be examined regarding any matter, not privileged, which is relevant to the subject matter of the pending case, or which may lead to the discovery of such relevant information.

d)         Except as otherwise provided, all depositions and written interrogatories taken pursuant to this Section shall be for purposes of discovery only.  Such depositions and interrogatories may be used for purposes of impeachment, as admissions, or as any affidavit could be used. Upon application to the Hearing Examiner either before or after the taking of such deposition or the filing of written interrogatories and upon a showing that at the time of the hearing the party deposed or interrogated will not be available due to death, age, sickness, infirmity, absence from the country or other exceptional circumstances, the Hearing Examiner may order that the deposition or interrogatories be used as evidence in the hearing.

e)         Upon transcription of a deposition, it shall be made available to the deponent for examination, unless his signature is waived at the deposition. Any changes in form or substance which the deponent desires to make shall be entered upon the deposition by the officer taking the same with a statement of the reasons given by the deponent making them.  The deposition shall then be signed by the deponent unless he is ill or cannot be found or refuses to sign, in which event the officer's certificate shall state the reason for the omission of the signature.

(Source:  Amended at 24 Ill. Reg. 14203, effective September 11, 2000)