Section 204.100  Evidence

a)         All witnesses testifying at hearings shall testify upon oath or affirmation.

b)         The Board shall consider all relevant evidence.

c)         The Board shall not be bound by technical rules of evidence.

d)         The hearing officer shall have the authority to rule upon motions and objections, exclude inadmissible evidence, and in all other ways monitor the hearing.

e)         Exhibits shall be plainly marked and identified. The record shall reflect the identity of the party offering an exhibit and shall indicate whether it was admitted into evidence.

f)         The hearing officer and the Board may take official notice of:

1)         the customs, usages and traditions of horse racing;

2)         matters within its specialized knowledge and expertise;

3)         all matters of which the Circuit Courts of the State of Illinois may take judicial notice.

g)         If a party has acted in bad faith or for purposes of delay at any point in the hearing process, or has acted to impede the Board in the discharge of its functions, that party may be liable for a civil penalty pursuant to Section 9(1) of the Act.

(Source:  Amended at 26 Ill. Reg. 10806, effective July 1, 2002)