Chapter 6. Pre-Hearing Matters.

6.1 Pre-Hearing Settlement Conferences.

A party and the issuing City department, through its representative or legal counsel, may enter into a settlement and/or stipulation of the issues or case and present the same to the administrative law officer when the matter is called. The administrative law officer shall have the discretion to approve or reject a settlement proposal presented by the parties.

6.2 Pre-Hearing Motions.

Pre-hearing motions should be limited to motions for leave to request discovery (6.3), subpoenas (6.4) and continuances (6.5) under these rules and regulations. In matters where discovery is allowed by an administrative law officer, discovery related motions may also be allowed.

6.3 Discovery.

The Department of Administrative Hearings hereby adopts and incorporates Illinois Supreme Court Rule 201(h), except for proceedings under chapter 3-4 of the Municipal Code of Chicago. By adoption, no discovery procedure shall be used in proceedings before the Department of Administrative Hearings except by leave of an administrative law officer.

6.4 Subpoenas of Witness and/or Documents.

Pursuant to section 2-14-080 of the Municipal Code of Chicago, a subpoena in proceedings before the Department of Administrative Hearings may only be issued by an administrative law officer. An administrative law officer may grant the issuance of a subpoena when he or she determines that said issuance is necessary. The manner of quashing a subpoena in a given proceeding is governed by section 2-14-080(d) of the Municipal Code of Chicago.

6.5 Continuances.

Pursuant to section 2-14-076(d) of the Municipal Code of Chicago, a continuance may be granted only upon a finding of good cause. lack of preparation shall not be grounds for a continuance.