Section 3100.210  Procedures for Hearing

a)         The technical rules of evidence shall not apply at any hearing involving any registration or denial, revocation or suspension thereof.  The parties shall be given an opportunity to present evidence and oral or written argument (or both) on any time issue of fact and law.

b)         The burden of proof in any proceeding shall be upon the complainant therein, except that, in the case of any new matter introduced in connection with any affirmative defense, the burden of proof with respect thereto shall be upon the party which alleges such new matter.  Any evidence having probative value in force, relevant and material to facts and issue, shall be admitted into the proceedings, subject only to the objections to the weight thereof as distinguished from admissibility, per se.  Immaterial, irrelevant and unduly repetitious evidence shall be excluded.  When the admissibility of evidence is in dispute and depends upon fairly arguable interpretations of law, such evidence shall be admitted.

c)         Any party may submit evidence in rebuttal of surrebuttal.

d)         A party may conduct examination or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination does not descend to sheer abuse or harassment of a witness and the examination or cross-examination can be shown to be necessary to full and fair disclosure of facts bearing upon matters in issue.

e)         If the Director or hearing officer presiding determines that a witness is hostile or unresponsive, he may authorize the examination by the party calling such witness as if under cross-examination.

f)         Any party may call any adverse party as a witness without vouching for his credibility and proceed to examine such adverse party as if under cross-examination.  Any party calling a witness, upon a showing that he called the witness in good faith and is surprised by his testimony, may impeach that witness by evidence of prior inconsistent statements.

g)         A deposition may be used in lieu of other evidence when taken in compliance with the Illinois Supreme Court rules governing evidence depositions in the Circuit Court of the State of Illinois.

h)         Anything herein to the contrary notwithstanding, effect shall be given to the rules of privilege recognized by law with respect to any evidence presented or attempted to be presented.