Illinois Compiled Statutes 35 ILCS 1010 Illinois Independent Tax Tribunal Act of 2012. Section 1-65

    (35 ILCS 1010/1-65)

    Sec. 1-65. Hearings.

    (a) Proceedings before the Tax Tribunal shall be tried de novo.

    (b) Except as set forth in this Act or otherwise precluded by law, the Tax Tribunal shall take evidence, conduct hearings, rule on motions, and issue final decisions.

    (c) Hearings shall be open to the public. Taxpayers may petition the Tax Tribunal to close portions of the hearing for good cause shown. Taxpayers may also petition the Tax Tribunal to require that certain pleadings or portions thereof be filed, or that certain evidence or portions thereof be admitted, under seal in order to prevent economic or other harm to the taxpayer. Original tax return documents, schedules, or other attachments and any copies thereof shall not be made available to the public for inspection or copying. Nothing in this Section shall operate to restrict the transmission of records to the appellate court.

    (d) Hearings shall be conducted in accordance with such rules of practice and procedure as the Tax Tribunal shall promulgate.

    (e) The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed.

    (f) Subject to the evidentiary requirements of subsection (e) of this Section, a party may conduct cross examination required for a full and fair disclosure of the facts.

    (g) Notice may be taken by the Tax Tribunal of matters of which the circuit courts of this State may take judicial notice. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

    (h) Testimony may be given only on oath or affirmation.

    (i) The petition and other pleadings in the proceeding shall be deemed to conform to the proof presented at the hearing, unless a party satisfies the Tax Tribunal that presentation of the evidence would unfairly prejudice the party in maintaining its position on the merits or unless deeming the taxpayer's petition to conform to the proof would confer jurisdiction on the Tax Tribunal over a matter that would not otherwise come within its jurisdiction.

    (j) In the case of an issue of fact, the taxpayer shall have the burden of persuasion by a preponderance of the evidence.

(Source: P.A. 97-1129, eff. 8-28-12.)

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Last modified: February 18, 2015