HR1248 93RD GENERAL ASSEMBLY

HR1248 LRB093 23463 RCE 53467 r

HOUSE QUALIFICATIONS CHALLENGE COMMITTEE RESOLUTION _____

RESOLVED, BY THE HOUSE QUALIFICATIONS CHALLENGE COMMITTEE, pursuant to House Rule 83(e) of the Ninety-Third General Assembly of the State of Illinois, and to supplement Article X of the House Rules, that the following are adopted as Rules of Procedure of the Committee:

HOUSE QUALIFICATIONS CHALLENGE COMMITTEE

RULES OF PROCEDURE

1. Representation by Counsel. The complainant and the respondent may each be represented by counsel in proceedings before the Committee. Upon conclusion of the proceedings, each party may file a motion seeking reimbursement by the House of Representatives of reasonable attorney's fees and expenses. Each party shall be responsible for all attorney's fees and expenses not approved for reimbursement.

2. Motions.

(a) At the initial meeting of the Committee in response to a complaint, the Chairperson shall determine whether any preliminary or dispositive motions will be considered. The Chairperson shall then establish a briefing and hearing schedule on such motions, as necessary. The Chairperson may defer or limit, as appropriate, the taking of discovery pending resolution of any such motion.

(b) Unless made orally on the record during a hearing with the consent of the Chairperson, all motions shall be in writing and shall briefly state the order or relief requested and the specific grounds upon which relief is sought. Motions based on a matter that does not appear on the record shall be supported by affidavit.

3. Discovery.

(a) A party seeking deposition testimony of any party or witness, or production of relevant documents by any party or witness, shall file a motion with the Committee seeking approval of such discovery requests. The Committee in its discretion may approve such motions or limit discovery as necessary.

(b) The Committee in its discretion may issue subpoenas for the appearance of witnesses or production of documents. Subpoenas may be issued upon written request of the complainant, respondent, or member of the Committee if: (i) the request is reasonably designed to produce or lead to the production of evidence related to the alleged violation, (ii) the terms of compliance are reasonable given the time frames and other circumstances, and (iii) the subpoena is properly prepared and presented for signature. Witnesses may be subpoenaed to give sworn evidentiary depositions, subject to cross-examination, if and only if they are unable to attend the meeting or hearing. Subpoenas issued under this Rule must be signed by the Chairperson and must comply with House Rule 4(c)(9).

4. Evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. However, evidence not admissible under those rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be ruled upon by the Chairperson and noted in the record.

5. Burden of Proof. The complainant shall have the burden of proof to establish the matter asserted by clear and convincing evidence.

6. Stipulations. The Committee encourages stipulations of fact whenever possible. The parties may agree on the facts or any part thereof involved in the proceeding by stipulation. Stipulations may be filed in writing or entered orally into the record.

7. Notice of Witnesses and Documents. Notwithstanding any law or rule to the contrary, at least 7 calendar days prior to an evidentiary hearing, each party must furnish to the Committee and to the other party:

(1) A list of names, addresses, and phone numbers of the witnesses the party proposes to call.

(2) All documents the party proposes to offer.

(3) All written or recorded statements of the party's witnesses, regardless of their admissibility.

8. Conduct of Evidentiary Hearings. The following rules shall apply to all evidentiary hearings.

(1) The Chairperson shall open the evidentiary hearing by explaining the procedure to be followed in the hearing.

(2) Preliminary matters such as objections to charges, disputes involving discovery, stipulations of facts and documents, and scheduling of witnesses may be resolved. Upon motion of either party or at the discretion of the Chairperson, any or all witnesses may be sequestered.

(3) Each party shall be given the opportunity to make a brief opening statement identifying the issues and indicating what is to be proven. Subject to the Chairperson's approval, each party may call witnesses to testify on his or her own behalf and present documentary and demonstrative evidence. All witnesses shall testify under oath or affirmation.

(4) The parties may cross-examine opposing witnesses. The members of the Committee may also examine the witnesses.

(5) Before closing the evidentiary hearing, each party shall be given the opportunity to make a brief closing statement.

9. Filing and Form of Papers. The original of all documents and a certificate of service shall be filed with the Clerk of the House on or before the established due date. Copies of all filed documents shall be served on all parties and on each member of the Committee at the member's legislative district office or other designated address. Service may be by U.S. Mail or, if agreed by the parties, by facsimile.

10. Failure to Comply with Orders or Rules. If a party, or any person at the instance of or in collusion with a party, unreasonably refuses or fails to comply with these Rules, or with any order of the Chairperson or the Committee, the Committee may enter an adverse finding, order, or decision as may be necessary to ensure just disposition of the matter.