TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER a: ADMINISTRATIVE RULES
PART 1110 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 1110.220 EVIDENCE


 

Section 1110.220  Evidence

 

a)         Except as otherwise provided herein the rules of evidence applicable to all contested cases will be the rules of evidence which are applicable in civil cases in the State of Illinois.

 

b)         Hearsay is not admissible.  In addition to any other exceptions to the hearsay rule which exists in Illinois, a statement may be admitted if it has circumstantial guarantees of trustworthiness, and if the probative value of the statement outweighs any prejudice resulting from an inability to cross-examine the declarant.

 

c)         Statements which are not hearsay;

 

1)         Prior statement by witness.  The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:

 

A)        inconsistent with his testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; or

 

B)        consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive; or

 

C)        one of identification of a person made after perceiving him; or

 

2)         Admission by party-opponent.  The statement is offered against a party and is

 

A)        his own statement in either his individual or a representative capacity; or

 

B)        a statement of which he has manifested his adoption or belief in its truth; or

 

C)        a statement by a person authorized by him to make a statement concerning the subject; or

 

D)        a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship; or

 

E)        a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.