Section 454.420  Hearings

a)         When a hearing is requested and scheduled under 92 Ill. Adm. Code 454.400, a presiding officer designated by the Secretary convenes and presides over the hearing. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.

b)         The presiding officer may:

1)         Administer oaths and affirmation;

2)         Adopt procedures for the submission of evidence in written form;

3)         Rule on offers of proof and receive relevant evidence;

4)         Examine witnesses at the hearing;

5)         Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;

6)         Hold conferences for settlement, simplification of the issues, or any other proper purpose; and

7)         Take any other action authorized by or consistent with the provisions of this Part and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.

c)         The petitioner has the burden of proving the facts alleged in Petition for Approval of Disallowed Rate, or Petition for Approval of rate change, including proof that the disallowed rate(s) is just and reasonable.

d)         The petitioner may offer such relevant information and testimony may be necessary to fully inform the presiding officer as to the matter concerned, and conduct such cross-examination as may be required for a full disclosure of the facts.

(Source:  Amended at 5 Ill. Reg. 12989, effective November 16, 1981)