Section 2725.250  Conduct of Hearing

a)         The Director's representative will control the hearing, which will be confined to the relevant factual and/or legal issues.

b)         At the hearing, the petitioning employer must produce testimony, argument or other evidence to establish that the Director's order or Determination and Assessment is incorrect.

c)         Following the testimony of each witness, the witness may be questioned and cross-examined by the opposing party, if any, and then may be questioned and cross-examined by the Director's representative or any other employee of the Department as the Director may designate.

d)         It is the duty of the Director's representative to ensure that the party or parties, as appropriate, have full opportunity to present all evidence relevant to the issues before the Director's representative.

e)         If any person becomes disruptive or abusive, the Director's representative shall exclude that person from the hearing and the hearing will continue without the participation of the excluded individual.  The Director's representative shall render a decision based on all evidence in the record.

f)         The Director shall prohibit any person from representing a party in any proceeding under this Part if the Director finds that the person is or has been guilty of violating the Code of Professional Responsibility or Article 8 of the Rules of the Illinois Supreme Court, or has intentionally disregarded the provisions of the Act, rules promulgated under the Act, or written instructions of the Director.  The prohibition shall be in writing and shall be applicable for a period not to exceed 120 days after the date the decision is mailed to the party.

(Source:  Amended at 43 Ill. Reg. 1537, effective January 15, 2019)