TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 200 THE ILLINOIS EXPLOSIVES ACT
SECTION 200.1020 HEARING OFFICER; POWERS AND DUTIES


 

Section 200.1020  Hearing Officer; Powers and Duties

 

The Illinois Code of Civil Procedure [735 ILCS 5] and the Illinois Supreme Court Rules apply to administrative hearings under this Part.

 

a)         The hearing officer designated to preside over a hearing shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing, including to:

 

1)         administer oaths and affirmations;

 

2)         receive relevant evidence;

 

3)         regulate the course of the hearing and the conduct of the parties and their counsel;

 

4)         consider and rule upon procedural requests;

 

5)         hold conferences for the settlement or simplification of the issues;

 

6)         examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify; and

 

7)         authorize reasonable discovery by a party.

 

b)         All participants in the hearing shall have the right to be represented by counsel, and corporations shall be represented by an attorney.  (See 705 ILCS 220.)

 

c)         The hearing officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

 

(Source:  Added at 37 Ill. Reg. 14090, effective August 26, 2013)