Section 100.12  Discovery

a)         Prior to or at the prehearing conference, the Department shall provide all parties with a copy of all the Department's inspection or investigative reports relating to the Allegations of Noncompliance.  If no pre-hearing conference is held, the Department shall provide copies of the investigative reports prior to the hearing.

b)         At least 21 days prior to the commencement of the hearing, each party shall provide all other parties with a copy of any document which it intends to offer into evidence.  This subsection shall not require any party to again provide copies of those documents already provided by the Department under subsection (a) above.

c)         At least 21 days prior to the commencement of the hearing, each party shall provide all other parties with a list containing the name and address of any witness who may be called to testify.

d)         All parties shall be entitled to any exculpatory evidence in the Department's possession which tends to support Respondent's position or which might impeach the credibility of a Department witness.

e)         Upon a written request by the Department, at any time after a notice or hearing request is filed, or at any stage of the hearing, the Respondent shall be required to produce within 7 days documents, books, records, or other evidence which relate directly to conduct of the business entity or other subject of the administrative hearing.

f)          All parties shall be under a continuing obligation to promptly update requested discovery until the hearing is concluded without the necessity for further or additional requests.

g)         There shall be no depositions for discovery purposes or interrogatories allowed in any proceedings brought pursuant to this Part, except as agreed to by the parties.

h)         Requests to Admit Facts and Genuineness of Documents shall be allowed in accordance with Supreme Court Rule 216.

i)          Nothing contained herein shall preclude the parties from agreeing to the voluntary exchange of more information than is required.

(Source:  Former Section 100.12 renumbered to Section 100.13; new Section 100.12 renumbered from Section 100.14 and amended at 21 Ill. Reg. 3208, effective March 3, 1997)