a) A full and complete record shall be kept of all proceedings. The record shall include the following:
- 1) all pleadings (including all notices and responses thereto), motions, and rulings;
- 2) an audio recording or stenographic transcript of the hearing, if any, and all evidence received;
- 3) a statement of matters officially noticed;
- 4) any offers of proof, objections and rulings thereon;
- 5) any proposed findings and exceptions;
- 6) any decision, opinion, or report by the administrative law judge;
- 7) all staff memoranda or data submitted to the administrative law judge or members of the Department in connection with their consideration of the case; and
- 8) any communication prohibited by Section 10-60 of the IAPA. No such communication shall form the basis for any finding of fact. (Section 10-35 of the IAPA)
b) The record shall not contain the following unless a party requests that the document or documents be included in the record:
- 1) Subpoenas;
- 2) Requests for Subpoenas:
- 3) Cover letters;
- 4) Notices of Filing;
- 5) Certificates of Mailing for regular mail; and
- 6) Discovery Requests.
- c) The Department shall be the official custodian of the records of administrative hearings held before the Department.
(Source: Amended at 34 Ill. Reg. 11768, effective July 30, 2010)