Section 910.10  Applicability

 

This Part shall apply to administrative hearings conducted by the Illinois Export Development Authority pursuant to the provisions of the Illinois Export Development Act of 1983 (Ill. Rev. Stat. 1985, ch. 127, pars. 2501 et seq., as now or hereafter amended), and 14 Ill. Adm. Code 900.20(a)(7).

 

Section 910.20  Definitions

 

As used in this Part, the following words or terms mean:

 

a)         "Act", "Authority", "banking organization", "Board", "executive director", "participating bank", and "Staff" shall have the same meaning as set forth in 14 Ill. Adm. Code 900.10.

 

b)         "Appellant":  A banking organization, which, pursuant to 14 Ill. Adm. Code 900.20(a)(5), has received a notice of denial of eligibility to participate in the programs of the Authority, or a participating bank which, pursuant to 14 Ill. Adm. Code 900.20(a)(5), has received a notice of intent to revoke eligibility, and which banking organization or participating bank has delivered a notice of appeal to the Authority in manner and within the time set forth in 14 Ill. Adm. Code 900.20(a)(6).

 

c)         "hearing":  The proceeding conducted by a hearing officer pursuant to 14 Ill. Adm. Code 900.20(a)(7).

 

d)         "hearing officer":  The person appointed by the Board to conduct a hearing officer pursuant to 14 Ill. Adm. Code 900.20(a)(7).

 

e)         "Party":  The Appellant and the Staff.

 

Section 910.30  Hearings:  Purpose; Notice; Location; Procedures

 

a)         Subsequent to the timely delivery by the Appellant to the Authority of the notice of appeal pursuant to 14 Ill. Adm. Code 900.20(a)(6), and the designation of the hearing officer by the Board pursuant to 14 Ill. Adm. Code 900.20(a)(7), a hearing shall be conducted for the purpose of reviewing the basis for the Staff's denial of eligibility of an applicant banking organization to participate in the programs of the Authority, or the basis for the Staff's issuance to a participating bank of the notice of intent to revoke such eligibility, and the basis for the appeal as set forth by the Appellant.

 

b)         The hearing shall be initiated by the issuance of a notice of hearing by the hearing officer.  Said notice shall be given to the Appellant and the executive director not less than five (5) days prior to the scheduled date of the hearing.

 

c)         The notice of hearing shall be a written statement setting forth, but not limited to, the following information:

 

1)         The name and address of the Appellant;

 

2)         The date, time and place of the hearing;

 

3)         A clear and concise statement of the matters to be addressed at the hearing, along with a reference to the section of the Act and the Authority's rules involved; and

 

4)         The name and address of the hearing officer.

 

d)         The hearing officer shall establish the date, time and place of the hearing and shall endeavor to do so upon consultation with Appellant and the executive director.  The hearing shall commence within ninety (90) days after receipt by the Authority of the notice of appeal, unless continued to a later date pursuant to Section 910.60 of this Part.  If the hearing is not so commenced by such date, the appeal shall be deemed denied as of the last date such hearing could have been conducted hereunder.

 

e)         The hearing shall be presided over and conducted by the hearing officer.  The executive director, or his designee, shall be the representative of the Staff at the hearing and shall appear and participate at the hearing in such capacity.

 

f)         Appearances by and participation of Appellants at the hearing shall be subject to the following:

 

1)         An Appellant who files a notice of appeal need not be represented by an attorney at the hearing;

 

2)         No one may appear and participate at the hearing in a representative capacity on behalf of the Appellant unless licensed to practice law;

 

3)         A partnership Appellant may appear and participate at the hearing pro se by a partner; and

 

4)         A corporate Appellant may appear and participate at the hearing pro se by an officer  or director.

 

g)         If a partnership or corporate Appellant does not offer the testimony of a partner, officer or director at the hearing, the representative or the Staff may call such partner, officer or director of such Appellant who may be examined as if under cross-examination.

 

h)         The hearing shall be recorded by a suitable electronic method, unless Appellant furnishes, at its own expense, a certified shorthand or court reporter.

 

i)          Within ninety (90) days of the completion of the hearing, the hearing officer shall submit a written recommendation, together with proposed findings of fact and conclusions of law, to the Board pursuant to 14 Ill. Adm. code 900.20(a)(7), and the Board shall thereupon render a decision in the manner and within the time set forth in 14 Ill. Adm. Code 900.20(a)(7).  Such decision shall constitute the final administrative decision of the Authority for purposes of judicial review as set forth in Section 910.70 of this Part.

 

Section 910.40  Powers of Hearing Officer

 

The hearing officer shall have, but not be limited to, the following powers:

 

a)         The authority to administer oaths;

 

b)         The authority to examine witnesses; and

 

c)         The authority to rule upon the admissibility of evidence.

 

Section 910.50  Rules of Evidence

 

The hearing need not be conducted according to the technical rules of evidence.  However, notwithstanding the foregoing, Section 12 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1985, ch. 127, par. 1012) will apply.  Any relevant evidence may be admitted in a hearing held pursuant hereto if it is of the type relied upon by reasonable, prudent persons in the conduct of their affairs, regardless of the existence of any common law or statutory rule which would render it inadmissable over objection in civil actions.  The rules pertaining to privileged communications shall be recognized in these hearings to the same extent as they are recognized in civil actions.  Irrelevant and unduly repetitious evidence shall be excluded.

 

Section 910.60  Continuances

 

a)         The Appellant may, for good cause, request a continuance of the hearing.  Said request shall be in writing and shall set forth the grounds alleged therefore.  Oral requests will not be considered, unless made at the hearing for good cause shown.

 

b)         If good cause is shown, the hearing will be rescheduled and all parties notified by the hearing officer.

 

c)         Good cause is shown when it is demonstrated that a party or party's attorney has a real and compelling need for additional time; for example, in the case of serious illness or family death.

 

Section 910.70  Judicial Review

 

The provisions of the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, pars. 3-101 et seq.) and all amendments thereto, shall apply to and govern the judicial review of the final administrative decision of the Board entered hereunder.

 

Section 910.80  Invalidity

 

If any part of these rules shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts hereof.