Section 3000.1140  Proceedings

a)         The licensee bears the burden of rebutting the charges contained in the complaint by clear and convincing evidence.

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

c)         Both parties may present an opening statement on the merits.  The Board proceeds first.

d)         The Board shall then present its case.

e)         Upon conclusion of the Board's case, the licensee may move for a directed finding.  The hearing officer may hear arguments on the motion or may grant, deny or reserve decision thereon, without argument.

f)         If no motion of directed finding is made, or if such motion is denied or decision reserved thereon, the licensee may present its case.

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

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

i)          If the Board presents rebuttal evidence, the licensee may present additional, non-cumulative, evidence in surrebuttal.

j)          Both parties may present closing argument.  The licensee proceeds first, then the Board and thereafter the licensee may present rebuttal argument.

(Source:  Added at 17 Ill. Reg. 11510, effective July 9, 1993)