§205.80. Pre-Hearing Conference

a)         Upon written notice by the Board or its duly appointed hearing officer, the parties may be directed to appear at a specified date, time and place for a conference for the purposes of considering an agreement among applicants as to the award of racing dates (see 230 ILCS 5/21(b)).

 

b)         If an agreed dates schedule is not reached, the Board or the hearing officer shall enter an order addressing preliminary matters, including but not limited to:

 

1)         stipulation to matters not in dispute;

 

2)         procedural matters at the hearing;

 

3)         order of witnesses;

 

4)         deadline for mutual exchange between applicants of the same breed of prepared testimony or exhibits and applications;

 

5)         scheduling of pre-hearing motions; and

 

6)         any other matters to facilitate expeditious conduct of the License Hearing and disposition of the proceeding.

 

c)         The Board or hearing officer shall rule on pre-hearing motions in writing prior to the License Hearing.

 

d)        The pre-hearing conference may be adjourned and continued to a date selected by the Board or the hearing officer prior to the License Hearing.

 

e)         Pre-hearing conferences under this Section shall be open to the public, notice shall be given in the same manner as notice is given of meetings of the Board, and a transcript shall be kept and shall become a part of the record in the proceeding.

 

f)         Under no circumstance shall offers of settlement, offers of agreement, concessions or statements made at the pre-hearing conference be admissible in evidence for any purpose at the License Hearing.

 

(Source:  Amended at 29 Ill. Reg. 20033, effective November 28, 2005)