Section 1650.650  Hearing Procedure

a)         All administrative review hearings shall be recorded by a court reporter.

b)         The Presiding Hearing Officer of the Claims Hearing Committee shall preside over the hearing and shall assure that the proceedings are consistent with any agreements or rulings on issues, evidence, witnesses or hearing format established prior to the hearing.

1)         All agreed to or stipulated issues, facts, documents or exhibits shall be considered as evidence in the proceeding.

2)         Witnesses, exhibits, evidence, issues or legal arguments not disclosed prior to the hearing shall be barred unless good cause is shown for the failure to provide such information to the other party.  At the discretion of the Presiding Hearing Officer, the hearing may be postponed in order to allow a party time to investigate and prepare to respond to the new information.

c)         The Presiding Hearing Officer shall make the necessary and appropriate procedural and evidentiary rulings to assure that the proceedings remain focused on the issues to be resolved by the Committee.

d)         The rules of evidence shall not be strictly applied; however, the Presiding Hearing Officer shall apply the rules of evidence to assure production of relevant and material evidence and shall further assure that testimony is subjected to such examination and cross-examination as is necessary for a full and fair disclosure of the facts.

1)         Irrelevant or unduly repetitious evidence shall be excluded.

2)         All individuals testifying at the hearing shall be sworn.

3)         Originals of documents may be introduced into evidence with leave to substitute copies.

e)         Order of Presentation. Unless otherwise agreed to by the parties:

1)         The petitioner or his or her attorney will present the petitioner's position and supporting evidence subject to cross-examination and legal challenge.

2)         The System's legal counsel will present the System's position and supporting evidence subject to cross-examination and legal challenge.

3)         The parties may make closing arguments if they so desire.

4)         Following the presentations of both the System and the petitioner, any member of the Committee may ask questions necessary to clarify the Committee's understanding of the facts or law.

f)         Upon conclusion of all arguments, the Committee shall decide, in private executive-session deliberations, on a recommendation as to the disposition of the appeal, which recommendation shall be communicated to the Board at its next regular meeting. The Executive Director of the System may be present during the Committee's deliberations.

g)         The Committee shall arrive at one of three decisions regarding a recommendation to the Board:

1)         A recommendation to affirm the administrative action.

2)         A recommendation to reverse the administrative action.

3)         A recommendation to remand the proceedings back to the administrative staff for further consideration.

h)         The Committee shall direct that a Recommended Decision reflecting the Committee's decision be prepared for consideration by the Board and the parties.

i)          Any party adversely affected by the Committee's Recommended Decision shall have 15 days from receipt of the Recommended Decision to file with the Board exceptions and a brief in support of their exceptions.

j)          At its next regular meeting following the time for filing exceptions, the Board of Trustees shall act on the Recommended Decision by either:

1)         Adopting the Recommended Decision; or

2)         Rejecting, in whole or in part, the Recommended Decision and directing that:

A)        A revised Recommended Decision be prepared to reflect the Board's decision;

B)        The matter be remanded to the Committee for further consideration; or

C)        The matter be remanded to the System staff for further consideration.

k)         The decision of the Board of Trustees shall be a final administrative decision for purposes of the Illinois Administrative Review Law [735 ILCS 5/Art. III].

l)          The decision of the Board of Trustees shall be communicated to the petitioner in writing within 30 days after the meeting at which the recommendation of the Committee was acted upon.

m)        The Board of Trustees may grant a re-hearing or further written appeal for the purpose of considering new or additional evidence not previously available.  The procedures set forth in this Section shall apply to such proceedings.

(Source:  Amended at 32 Ill. Reg. 13534, effective August 6, 2008)