Section 1300.70  Hearing

a)         Considering the nature of the designation and the representatives of the parties, the ALJ will, insofar as practicable, apply the rules of evidence applicable in Illinois courts.  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, stipulations or affidavits.

b)         Any hearing conducted in accordance with this Part shall be recorded by stenographic or other means that adequately preserves the record.  The ALJ or the Board may order that the recording be transcribed.  Parties may order transcripts and shall bear the costs of any transcripts they order.

c)         Upon request, a party is entitled to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record.  Due to the nature of the proceedings at issue in this Part and the compressed timeline provided by Section 6.1 of the Act, the ALJ shall direct the filing of briefs only in extraordinary circumstances, when the filing is, in the opinion of the ALJ, warranted by the nature of the proceedings or the particular issues involved.   All briefs shall be no more than a total of 50 double-spaced pages with margins of at least ½ inch, including attachments.  All pages in excess of the 50 page limit will be rejected.  The Board's General Counsel may grant approval of exceptions and briefs containing more than 50 pages only in extraordinary circumstances.

d)         Except in extraordinary circumstances, hearings regarding designations shall be held within 14 days after receipt of objections by the Board and shall be limited in duration to one day of hearing.

e)         Designation hearings shall be non-adversarial in nature.  All parties may present evidence and make arguments, subject to the control of the ALJ.  In designation hearings, the objecting party shall present its evidence first.

f)         If the objecting party fails to appear after proper service of Notice of Hearing, the ALJ may recommend that the designation be certified by the Board.  If any party other than the objecting party fails to appear, the ALJ may proceed in its absence and issue a recommended decision and order.

g)         Pursuant to 80 Ill. Adm. Code 1200.40, the ALJ may schedule a pre-hearing conference when it appears to the ALJ that doing so would expedite the procedure.

h)         Intermediate rulings of the ALJ shall not be subject to interlocutory appeal.  Parties may raise objections to intermediate rulings in their exceptions to the ALJ's recommended decision.

i)          The ALJ shall file and serve on the parties a recommended decision and order as expeditiously as possible. Due to the nature of the proceedings at issue in this Part and the compressed timeline provided by Section 6.1 of the Act, the ALJ may issue a recommended decision and order before completion of a transcript of the proceedings.

j)          All exceptions to the ALJ's recommended decision and order shall be filed and served in accordance with Sections 1300.90 and 1300.130.