Section 1110.140  Subpoenas

a)         Upon request by the Respondent or Petitioner, the Chief Administrative Law Judge, or another Administrative Law Judge designated by the Chief, will issue subpoenas for the attendance of witnesses or production of books, records, documents, or other evidence.

b)         Any Respondent or Petitioner seeking issuance of a subpoena shall submit a request in writing to the Chief Administrative Law Judge and notify the assigned Department prosecutor of the request.

1)         The request shall set forth facts to demonstrate that the documents or testimony sought are relevant to the issues contained in the Complaint, Notice of Intent to Deny, Notice of Intent to Refuse to Renew, or Petition pending before the Division and are not otherwise excludable by law or by rule.

2)         A request for subpoena may be denied if insufficient information is provided in the request to make such a determination.

3)         If the opposing party objects to any component of the subpoena request, a written response specifying the objections shall be filed within seven days after the date the subpoena request was filed.

4)         Upon refusal by an Administrative Law Judge to issue any subpoena, the Respondent or Petitioner will be entitled to a hearing before another Administrative Law Judge, to be conducted as a matter of record.  The Respondent or Petitioner shall be responsible for the court reporter's attendance.

c)         Except for Division investigators, examiners, and profession coordinators who participated in the investigation of the case, the Chief Administrative Law Judge shall not generally issue subpoenas for the testimony of Department or Division officers or employees or members of any Division Board.

d)         Service of subpoenas and payment of witness fees and expenses shall be as provided in Section 2105-105 of the DFPR Law. 

(Source:  Amended at 50 Ill. Reg. 10826, effective July 13, 2026)