Section 2520.740  Hearings Format

a)         Each toll violation shall be considered an individual violation.

b)         The Authority may be represented by an employee or duly authorized agent at the hearing or may proceed on the Notice of Violation.  The hearing officer shall not present any evidence on behalf of the Authority; provided, however, that the Notice of Violation may be placed into the record by the hearing officer.  A respondent may represent himself or herself or be represented by a duly authorized agent. 

c)         The Authority and the respondent may introduce into evidence, and the hearing officer may consider, all video or photo surveillance evidence relating to the alleged violations, the evidentiary foundation for which shall be presumed valid subject to rebuttal.  A Notice of Violation or facsimile of the notice, sworn or affirmed to or certified by a duly authorized agent of the Authority based upon an inspection of photographs, microphotographs, videotape, or other recorded images produced by a video or photo surveillance system, shall be admitted as prima facie evidence of the correctness of the facts contained in the Notice of Violation. 

d)         Each party to the hearing may make an opening statement, call, examine and cross-examine witnesses, and offer evidence for the record.  Evidence may be written or oral.

e)         Each party may make a closing argument at the conclusion of the hearing. 

f)         No testimony shall be given or received at the hearing relating to discussions, offers, counter offers, rejections or admissions at any settlement conferences that may have occurred.

g)         Any written stipulations of the parties may be introduced as evidence at the hearing.  These stipulations shall be introduced at the beginning of the hearing and shall become part of the record of the hearing.

h)         The Authority may, at its sole discretion, establish a process in which respondents may contest alleged violations by a telephonic hearing or mail-in hearing as opposed to an in-person hearing.

i)          The hearing officer shall have full authority to conduct and control the procedure at the hearing.  The hearing officer shall not be bound by the strict rules of evidence applicable to the courts; irrelevant, immaterial, or unduly repetitious evidence shall be excluded.  Evidence not admissible under the rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.  Objections to evidentiary offers may be made, shall be ruled upon by the hearing officer, and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.  Oral testimony in in-person or telephonic hearings may be recorded by audio or electronic means, provided that, in the event of a recording loss or malfunction, the hearing officer may prepare a written summary of the oral testimony for purposes of administrative review.

j)          The hearing officer shall apply a preponderance of the evidence standard to determine respondent's liability for the alleged violations.

k)         Upon completion of a hearing on the merits, the hearing officer shall issue a final order setting forth his or her findings as to liability or non-liability of the respondent.  If the hearing officer finds for the Authority, the final order of liability shall assess the tolls, fines and fees that the respondent owes to the Authority.  The final order of liability shall state that an additional fine of $50 per violation will be assessed, by operation of law and without further notice or order, if respondent fails to pay the proper toll, fine and/or fee to the Authority within 30 calendar days after the issuance of a final order of liability.  A final order of liability shall inform the parties of their right to seek judicial review under the Administrative Review Law and include a statement that failure to satisfy any toll, fine or fee imposed by the final order of liability may result in the Secretary of State suspending the driving privileges, vehicle registration, or both of the registered vehicle owner.

(Source:  Amended at 38 Ill. Reg. 19780, effective September 25, 2014)