Section 1800.650  Proceedings

a)         The burden of proof is at all times on the petitioner.  The petitioner shall have the affirmative responsibility of establishing by clear and convincing evidence that the petitioner is suitable for licensing or that enforcement of a security interest is warranted. 

b)         All testimony shall be given under oath or affirmation.

c)         Both parties may present opening statements.  Petitioner proceeds first.

d)         The petitioner shall then present his, her or its case-in-chief.

e)         Upon the conclusion of the petitioner's case-in chief, the Board may move for a directed finding.  The Administrative Law Judge may hear arguments on the motion or may grant, deny or reserve decision, without argument.

f)         If no motion for directed finding is made, or if the motion is denied or decision reserved, the Board may present its case.

g)         Each party may conduct cross-examination of adverse witnesses.

h)         Upon the conclusion of the Board's case, the petitioner may present evidence in rebuttal.

i)          Both parties may present closing arguments.  The petitioner proceeds first, then the Board, and thereafter the petitioner may present rebuttal argument.

(Source:  Amended at 35 Ill. Reg. 1369, effective January 5, 2011)