Section 2605.390  Administrative Record

a)         A full and complete record shall be kept of all proceedings.  The record shall consist of the following:

1)         All pleadings (including, but not limited to, the Petition for Hearing or Notice of Charges and any Answers);

2)         Motions, briefs, arguments, affidavits, exhibits, documents, and records;

3)         All evidence received;

4)         All discovery responses;

5)         A transcript of the hearing as well as any transcript of any proceeding applicable for appeal or for administrative review;

6)         A statement of matters officially noticed;

7)         Offers of proof, objections, and rulings;

8)         Any proposed findings and exceptions;

9)         Any order, decision, opinion, or report by the Hearing Officer;

10)         All staff memoranda or data submitted to the Hearing Officer of the case;

11)         Any communication prohibited by Section 10-60 of the IAPA or Section 2605.230 of this Part.

b)         Oral proceedings or any part thereof shall be recorded stenographically or by other means that will adequately insure the preservation of the testimony or oral proceedings and shall be transcribed at the request of any party.  The parties shall agree to the method of recording and shall share such costs equally.

c)         Findings of Fact shall be based exclusively on the evidence and on matters officially noticed. [5 ILCS 100/10-35]

d)         The record shall not contain the following, unless a party requests that the documents be included in the record.

1)         Cover Letters;

2)         Notices of Filing;

3)         Proofs of Service of Regular Mail;

4)         Notices of Deposition; or

5)         Discovery Requests.

e)         The Department shall be the official custodian of the Administrative Record of the Administrative Hearing proceedings held before the Department.