Illinois Compiled Statutes 740 ILCS 45/13.1 – (a) A hearing before a Commissioner of the Court of Claims shall be …
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(a) A hearing before a Commissioner of the Court of Claims shall be held for those claims in which:
(1) the Court of Claims on its own motion sets a
(1) the Court of Claims on its own motion sets a
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hearing;
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(2) the Attorney General petitions the Court of
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Claims for a hearing;
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(3) a claim has been disposed of without a hearing
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and an applicant has been denied compensation or has been awarded compensation which he or she thinks is inadequate and he or she petitions the Court of Claims for a hearing within 30 days of the date of issuance of the determination sought to be reviewed. The petition shall set forth the reasons for which review is sought and a recitation of any additional evidence the applicant desires to present to the Court. A copy of the petition shall be provided to the Attorney General. Documentation to be presented at a hearing of the Court of Claims must be submitted to the Attorney General at least 10 working days before the hearing date. Failure to do so may result in a continuance of the hearing.
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(b) At hearings held under this Act before Commissioners of the Court of Claims, any statement, document, information or matter may be received in evidence if in the opinion of the Court or its Commissioner such evidence would contribute to reaching a decision on the claim, regardless of whether such evidence would be admissible in a court of law.
(c) Petition for rehearing.
(1) The Court of Claims may order a rehearing of a
Terms Used In Illinois Compiled Statutes 740 ILCS 45/13.1
- Continuance: Putting off of a hearing ot trial until a later time.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
(c) Petition for rehearing.
(1) The Court of Claims may order a rehearing of a
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matter decided after a hearing, if, in reaching its decision:
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(A) the court has overlooked, misapplied, or
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failed to consider a statute, decision, or directly controlling principle;
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(B) the court has overlooked or misconceived some
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material fact or proposition of law; or
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(C) the court has overlooked or misconceived a
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material question in the case.
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(2) A rehearing may not be granted if it is
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sought merely for the purpose of obtaining a reargument on and reconsideration of matters which have already been fully considered by the court.
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(3) The petition shall specify which of the grounds
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in paragraph (1) of this subsection (c) exists and shall specifically designate that portion of the opinion, or the record, or that particular authority, which the petitioner wishes the court to consider. A copy of the petition shall be served on the opposing party. No petition for rehearing shall exceed 10 typewritten pages. No memoranda or briefs in support of a petition for rehearing, and no response to a petition for rehearing, shall be received unless requested by the court.
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