220 ILCS 5/10-113
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article X - Proceedings Before The Commission And The Courts

 (from Ch. 111 2/3, par. 10-113)Sec. 10-113.     Rescission or hearing of order.(a) Anything in this Act to the contrary notwithstanding, the  Commission may at any time, upon notice to the public utility affected, and  after opportunity to be heard as provided in the case of complaints,  rescind, alter or amend any rule, regulation, order or decision made by it.  Any order rescinding, altering or amending a prior rule, regulation, order  or decision shall, when served upon the public utility affected, have the  same effect as is herein provided for original rules, regulations, orders  or decisions. Within 30 days after the service of any rule or regulation,  order or decision of the Commission any party to the action or proceeding  may apply for a rehearing in respect to any matter determined in said  action or proceeding and specified in the application for rehearing. The  Commission shall receive and consider such application and shall grant or  deny such application in whole or in part within 20 days from the date of  the receipt thereof by the Commission. In case the application for  rehearing is granted in whole or in part the Commission shall proceed as  promptly as possible to consider such rehearing as allowed. No appeal shall  be allowed from any rule, regulation, order or decision of the Commission  unless and until an application for a rehearing thereof shall first have  been filed with and finally disposed of by the Commission: provided,  however, that in case the Commission shall fail to grant or deny an  application for a rehearing in whole or in part within 20 days from the  date of the receipt thereof, or shall fail to enter a final order upon  rehearing within 150 days after such rehearing is granted, the application  for rehearing shall be deemed to have been denied and finally disposed of,  and an order to that effect shall be deemed to have been served, for the  purpose of an appeal from the rule, regulation, order or decision covered  by such application. No person or corporation in any appeal shall urge or  rely upon any grounds not set forth in such application for a rehearing  before the Commission. An application for rehearing shall not excuse any  corporation or person from complying with and obeying any rule, regulation,  order or decision or any requirement of any rule, regulation, order or  decision of the Commission theretofore made, or operate in any manner to  stay or postpone the enforcement thereof, except in such cases and upon  such terms as the Commission may by order direct. If, after such rehearing  and consideration of all the facts, including those arising since the  making of the rule, regulation, order or decision, the Commission shall be  of the opinion that the original rule, regulation, order or decision or any  part thereof is in any respect unjust or unwarranted, or should be changed,  the Commission may rescind, alter or amend the same. A rule, regulation,  order or decision made after such rehearing, rescinding, altering or  amending the original rule, regulation, order or decision shall have the  same force and effect as an original rule, regulation, order or decision,  but shall not affect any right or the enforcement of any right arising from  or by virtue of the original rule, regulation, order or decision unless so  ordered by the Commission. Only one rehearing shall be granted by the  Commission; but this shall not be construed to prevent any party from  filing a petition setting up a new and different state of facts after 2  years, and invoking the action of the Commission thereon.(b) Notwithstanding any contrary or inconsistent provision in the Illinois  Administrative Procedure Act, the Commission may, in accordance with this  Section, make a change in a rule or regulation adopted or modified pursuant to  Section 5-40 of the Illinois Administrative Procedure Act, upon consideration  of an application for rehearing of the Commission's order directing that the  rule or regulation be filed with the Secretary of State and published in the  Illinois Register pursuant to subsection (d) of Section 5-40.  The Commission  shall provide the parties to the original hearing in which the rule was adopted  or modified no less than 7 days notice to provide responses to the change the  Commission proposes to make.  Any such change shall be based upon evidence  submitted in the record in the original hearing or in the rehearing.  If the  Commission makes such a substantive change in the rule or regulation pursuant  to this subsection, it shall provide notice of the amendment to the rule or  regulation to the Joint Committee on Administrative Rules in accordance with  subsection (c) of Section 5-40, and shall thereafter comply with the  requirements of subsection (d) of Section 5-40 with respect to the rule or  regulation as amended.  The running of the time period specified in subsection  (e) of Section 5-40 of the Illinois Administrative Procedure Act for completing  a rulemaking proceeding shall be tolled for the period of time necessary for  the Commission to receive and consider an application for rehearing and to  conduct any proceedings on rehearing, provided, that such tolling shall not  serve to extend any of the time periods provided for in subsection (a) of this  Section.    (Source: P.A. 90-561, eff. 12-16-97.)