Section 1790.560  Rules of Evidence

a)         The Illinois Rules of Evidence shall apply to the extent practicable unless, by such application, the ALJ determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs.  The ALJ must state on the record his or her reasons for that determination.  Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally, accompanied by a short statement of the grounds for the objection, and included in the record. No objection shall be deemed waived by further participation in the hearing.

b)         The ALJ may at any time on his or her own initiative, or on motion of any party or witness, enter a protective order, as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression or to prevent exposure in the public domain of records or other information that is of a sensitive or confidential nature. As used in this subsection, "information that is of a sensitive or confidential nature" means information or facts expected and intended to be kept private or protected by an existing privilege in the Code of Civil Procedure.

c)         The ALJ may, upon proper objection, exclude evidence that is irrelevant, immaterial, or unduly repetitious. Evidence may be presented in the form of testimony, exhibits, or stipulations. Testimonial evidence shall be taken only on oath or affirmation.

d)         If the evidence is otherwise admissible pursuant to subsection (a):

1)         evidence of any misconduct is admissible for its bearing on any matter to which it is relevant, including the officer's history of conduct as described in 50 ILCS 705/6.3(b); and

2)         evidence from investigations shared by law enforcement agencies with the Board is admissible for its bearing on any matter to which it is relevant.  Such information that the law enforcement agency must share with the Board that may be admissible includes, but is not limited to, information obtained by subpoena, witness interviews, and reports concerning the officer and investigation.