Section 120.400  Prehearing Conferences

a)         Upon the Administrative Law Judge's own motion or the motion of a party, the Administrative Law Judge may direct the parties or their counsel to meet with the Administrative Law Judge for a conference to consider:

1)         Simplification of the issues;

2)         Necessity or desirability of amending documents for purposes of clarification, simplification or limitation;

3)         Stipulations and admissions of fact and of contents and authenticity of documents;

4)         Limitation of the number of witnesses;

5)         Propriety of prior mutual exchange between and among the parties who have prepared testimony or exhibits; and

6)         Such other matters as may tend to expedite the disposition of the proceedings and to assure a just conclusion.

b)         After the prehearing conference, the results of the prehearing conference will be set out in the transcript of proceeding.  All parties are permitted to voice any objections to a prehearing order in the transcript of proceeding or in writing by a time certain set by the Administrative Law Judge.  A party's failure to object will constitute a waiver of objection to the prehearing order or any part of that order.

c)         The Administrative Law Judge shall make an order that recites the action taken at the conference, the amendments allowed to any pleadings that have been filed, and the agreements made between the parties as to any of the matters considered and that limits the issues for hearings to those not disposed of by admissions or agreements.  The order, when entered, controls the subsequent course of the hearing unless modified at the hearing to prevent manifest injustice.

(Source:  Amended at 30 Ill. Reg. 10424, effective May 24, 2006)