§101.610. Duties and Authority of the Hearing Officer

The hearing officer has the duty to manage proceedings assigned, to set hearings, to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear, complete, and concise record for timely transmission to the Board.  The hearing officer has all powers necessary to these ends, including the authority to:

 

a)         Require parties to proceed to hearing and establish a schedule for, and notice and service of, any prefiled submission of testimony and written exhibits;

 

b)         Administer oaths and affirmations;

 

c)         Allow for the examination of or examine witnesses to ensure a clear and complete record;

 

d)         Regulate the course of the hearing, including controlling the order of proceedings;

 

e)         Establish reasonable time limits on the testimony and questioning of any witness, and limit repetitive or cumulative testimony and questioning;

 

f)         Determine that a witness is adverse, hostile, or unwilling under Section 101.624;

 

g)         Issue an order compelling the answers to interrogatories or responses to other discovery requests;

 

h)         Order the production of evidence under Section 101.614;

 

i)          Order the filing of any required Agency record, OSFM record, local siting authority record, or recommendation in a manner that provides for a timely review and development of issues prior to the hearing and consistent with any statutory decision deadline;

 

j)          Initiate, schedule, and conduct a pre-hearing conference;

 

k)         Order a briefing and comment schedule and exclude late-filed briefs and comments from the record;

 

l)          Rule upon objections and evidentiary questions;

 

m)        Order discovery under Sections 101.614 and 101.616;

 

n)         Rule on any motion directed to the hearing officer or deferred to the hearing officer by the Board consistent with Section 101.502;

 

o)         Set status report schedules;

 

p)         Require all participants in a rulemaking or TLWQS proceeding to state their positions regarding the proposal or petition, as applicable; and

 

q)         Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence.

 

(Source:  Amended at 44 Ill. Reg. 14867, effective September 4, 2020)