Section 1700.195  Authority of Administrative Law Judge

An Administrative Law Judge presiding over a hearing shall have all powers necessary and appropriate to conduct a full, fair and impartial hearing, including the authority to:

a)         Administer oaths and affirmations;

b)         Rule upon offers of proof and receive relevant evidence;

c)         Issue subpoenas as provided in Section 1700.130;

d)         Rule on issues relating to document exchange;

e)         Regulate the course of the hearing and the conduct of the parties and their counsel:

1)         Contumacious conduct at any hearing before the ALJ shall be grounds for exclusion from the hearing; and

2)         If a witness or a party refuses to answer a question after being directed to do so or refuses to obey an order to provide documents, the ALJ may make orders with regard to the refusal that are just and appropriate, including, but not limited to, excluding the testimony of witnesses, entering an order of default, entering an order that certain facts are deemed admitted for purpose of the proceeding, or entering an order denying the application or complaint of a party;

f)         Consider and rule upon procedural requests;

g)         Hold conferences for the settlement or simplification of the issues;

h)         Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetition, irrelevant, unresponsive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify at deposition and/or hearing;

i)          Make or cause to be made an inspection of the retailer, or place of employment involved;

j)          Enter into Consent Decrees; and

k)         Make decisions in accordance with this Part, the Lottery Law and 11 Ill. Adm. Code 1770.

(Source:  Added at 47 Ill. Reg. 13886, effective September 18, 2023)