Title 56 IDES RULES Part 2725
R-63 (05/11)
b) Nothing shall prevent the Director's Representative from communicating ex parte about routine matters such as
requests for continuances or opportunities to inspect the file, as long as all parties are informed of the substance of
the ex parte communication. The date and type of communication, the persons involved and the results of such
routine communications shall be part of the record.
Section 2725.230 Subpoenas
a) The Director's Representative may issue a subpoena to compel the attendance of a witness or the production of
documents when such witness or document has or contains relevant evidence but is not being presented by the party,
witness or holder of a document. A party may also request the Director's Representative to issue a subpoena to
compel the attendance of a witness or the production of documents. The request shall be either in writing or on the
record and shall:
1) Identify the witness or document sought;
2) State the facts that will be proven by each witness and/or document sought.
b) The Director's Representative shall grant or deny the request, either in writing or on the record. If the Request for
Subpoena is granted, the Director's Representative shall, if necessary, reschedule the hearing to a specific date. The
Request for Subpoena shall be denied only if the Director's Representative finds that the evidence sought is
immaterial, irrelevant or cumulative. If the Request for Subpoena is denied, the Director's Representative shall
proceed to conduct the hearing, and the specific reasons for denial of the Request for Subpoena shall be made part of
the record on appeal.
c) If a witness fails to obey a subpoena, the party seeking enforcement of the subpoena shall prepare an application to
the circuit court of the county in which the subpoenaed witness resides requesting enforcement of the subpoena
pursuant to Section 1002 of the Act and shall present the application to the Director's Representative. If satisfied that
the subpoena was properly served and that the application is in proper form, the Director's Representative shall sign
the application and the party seeking enforcement of the subpoena, or its attorney, may then file and prosecute the
application to the circuit court. In such instance, the matter shall be continued pending the outcome of enforcement
of the subpoena.
Section 2725.232 Depositions
a) Where any hearing is pending under this Part, the Director's Representative shall order the taking of a person's
deposition, specifying the subject matter to be covered, under oral examination or written questions for use as
evidence at the hearing if:
1) It appears to the Director's Representative that the deposition of such person is necessary for the preservation of
relevant testimony because of a substantial possibility it would be unavailable at the time of the hearing (i.e.
potential witness is moving out of state, incarcerated, etc.); and,
2) Such request is made by a motion of a party who gives notice of this motion to any other parties to the issue and
to the Office of Legal Counsel of the Agency.
b) The taking of depositions shall be in accordance with the rules for the taking of depositions in civil cases, and the
order for the taking of a deposition may provide that any designated books, papers, documents or tangible objects,
not privileged, be produced at the same time and place.
c) Any other parties and the Agency shall have the right to confront and cross-examine any witness whose deposition
is taken. The other parties and the Agency may waive such right in writing, filed with the Director's Representative.
d) Depositions shall be taken in the county of residence or of employment of the witness, as specified in Rule 203 of
the Rules of the Illinois Supreme Court, unless the witness waives such right in writing.
e) Failure to obey an order for deposition shall result in the same sanctions as provided in Section 2725.230 for failure
to comply with a subpoena.
