220 ILCS 5/13-515
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XIII - Telecommunications

(Section scheduled to be repealed on December 31, 2026)Sec. 13-515. Enforcement.(a) The following expedited procedures shall be used  to enforce the provisions of Section 13-514 of this  Act, provided that, for a violation of paragraph (8) of  Section 13-514 to qualify for the expedited procedures of this Section, the violation must be in a manner that unreasonably delays, increases the cost, or impedes the availability of telecommunications services to consumers.  However, the  Commission, the complainant, and the respondent may mutually agree to adjust  the  procedures established in this Section.(b) (Blank).(c) No complaint may be filed under this Section until the  complainant has first notified the respondent of the alleged  violation and offered the respondent  48 hours to correct the situation.  Provision of notice and the  opportunity to correct the situation creates a rebuttable presumption of  knowledge under Section 13-514.  After the filing of a complaint under this Section, the parties may agree to  follow the mediation process under Section 10-101.1 of this Act.  The time  periods specified in subdivision (d)(7) of this Section shall be tolled  during the time  spent in mediation under Section 10-101.1.(d) A telecommunications carrier may file a complaint with the  Commission alleging a violation of Section 13-514 in  accordance with this subsection:(1) The complaint shall be filed with the Chief Clerk     of the Commission and shall be served in hand upon the respondent, the executive director, and the general counsel of the Commission at the time of the filing.(2) A complaint filed under this subsection shall     include a statement that the requirements of subsection (c) have been fulfilled and that the respondent did not correct the situation as requested.(3) Reasonable discovery specific to the issue of the     complaint may commence upon filing of the complaint. Requests for discovery must be served in hand and responses to discovery must be provided in hand to the requester within 14 days after a request for discovery is made.(4) An answer and any other responsive pleading to     the complaint shall be filed with the Commission and served in hand at the same time upon the complainant, the executive director, and the general counsel of the Commission within 7 days after the date on which the complaint is filed.(5) If the answer or responsive pleading raises the     issue that the complaint violates subsection (i) of this Section, the complainant may file a reply to such allegation within 3 days after actual service of such answer or responsive pleading.  Within 4 days after the time for filing a reply has expired, the hearing officer or arbitrator shall either issue a written decision dismissing the complaint as frivolous in violation of subsection (i) of this Section including the reasons for such disposition or shall issue an order directing that the complaint shall proceed.(6) A pre-hearing conference shall be held within 14     days after the date on which the complaint is filed.(7) The hearing shall commence within 30 days of the     date on which the complaint is filed.  The hearing may be conducted by an administrative law judge or by an arbitrator.  Parties and the Commission staff shall be entitled to present evidence and legal argument in oral or written form as deemed appropriate by the administrative law judge or arbitrator. The administrative law judge or arbitrator shall issue a written decision within 60 days after the date on which the complaint is filed.  The decision shall include reasons for the disposition of the complaint and, if a violation of Section 13-514 is found, directions and a deadline for correction of the violation.(8) Any party may file a petition requesting the     Commission to review the decision of the administrative law judge or arbitrator within 5 days of such decision.  Any party may file a response to a petition for review within 3 business days after actual service of the petition.  After the time for filing of the petition for review, but no later than 15 days after the decision of the administrative law judge  or arbitrator, the Commission shall decide to adopt the decision of the administrative law judge or arbitrator or shall issue its own final order.(e) If the alleged violation has a substantial adverse effect  on the ability of the complainant to provide service to  customers, the complainant may include in its complaint a  request for an order for emergency relief.  The  Commission, acting through its designated administrative law judge or arbitrator, shall act upon such a request  within 2 business days of the filing of the complaint.  An order for  emergency relief may be granted, without an evidentiary  hearing, upon a verified factual showing that the party  seeking relief will likely succeed on the merits, that the  party will suffer irreparable harm in its ability to serve  customers if emergency relief is not granted, and that the  order is in the public interest.  An order for emergency  relief shall include a finding that the requirements of this  subsection have been fulfilled and shall specify the  directives that must be fulfilled by the respondent and  deadlines for meeting those directives.  The decision of  the administrative law judge or arbitrator to grant or deny  emergency relief shall be considered an order of the  Commission unless the Commission enters its own order within 2 calendar days of  the decision of the administrative law judge or arbitrator.  The order for emergency  relief may require  the responding party to act or refrain from acting so as to  protect the provision of competitive service offerings to  customers.  Any action required by an emergency relief  order must be technically feasible and economically reasonable and the  respondent  must be given a reasonable period of time to comply with  the order.(f) The Commission is authorized to obtain outside resources  including, but not limited to, arbitrators and consultants for  the purposes of the hearings authorized by this Section.  Any arbitrator or consultant obtained by the Commission  shall be approved by both parties to the hearing.  The cost of such outside resources including, but not limited to, arbitrators  and consultants shall be borne by the parties.  The Commission shall review  the bill for reasonableness and assess the parties for reasonable costs  dividing the costs according to the resolution of the complaint brought under  this Section.  Such costs shall be paid by the parties directly to the  arbitrators, consultants, and other providers of outside resources within 60  days after receiving notice of the assessments from the Commission.  Interest  at the statutory rate shall accrue after expiration of the 60-day period.  The  Commission, arbitrators, consultants, or other providers of outside  resources may apply to a court of competent jurisdiction for an order  requiring payment.(g) The Commission shall assess the parties under this subsection for  all of the  Commission's costs of investigation and conduct of the  proceedings brought under this Section including, but not limited to, the  prorated salaries of staff, attorneys, administrative law judges, and support  personnel and including any travel and per diem, directly attributable to the  complaint brought pursuant to this Section, but excluding those costs provided  for in subsection (f), dividing the costs according to the resolution of  the complaint brought under this Section.  All  assessments made under this subsection shall be paid into the Public  Utility Fund within  60 days after receiving notice of the assessments from the  Commission.  Interest at the statutory rate shall accrue after  the expiration of the 60 day period.  The Commission is  authorized to apply to a court of competent jurisdiction for an  order requiring payment.(h) If the Commission determines that there is an imminent  threat to competition or to the public interest, the  Commission may, notwithstanding any other provision of this Act, seek  temporary, preliminary, or permanent  injunctive relief from a court of competent jurisdiction either  prior to or after the hearing.(i) A party shall not bring or defend a proceeding brought under  this Section or assert or controvert an issue in a proceeding brought under  this Section, unless  there is a non-frivolous basis for doing so.  By presenting a  pleading, written motion, or other paper in complaint or  defense of the actions or inaction of a party under this  Section, a party is certifying to the Commission that to the  best of that party's knowledge, information, and belief,  formed after a reasonable inquiry of the subject matter of the  complaint or defense, that the complaint or defense is well  grounded in law and fact, and under the circumstances:(1) it is not being presented to harass the other     party, cause unnecessary delay in the provision of competitive telecommunications services to consumers, or create needless increases in the cost of litigation; and(2) the allegations and other factual contentions     have evidentiary support or, if specifically so identified, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery as defined herein.(j) If, after notice and a reasonable opportunity to respond,  the Commission determines that subsection (i) has been  violated, the Commission shall impose appropriate  sanctions upon the party or parties that have violated  subsection (i) or are responsible for the violation.  The  sanctions shall be not more than $30,000, plus the  amount of expenses accrued by the Commission for  conducting the hearing.  Payment of sanctions imposed under this subsection  shall be made to the Common School Fund within 30 days of  imposition of such sanctions.(k) An appeal of a Commission Order made pursuant to this  Section shall not effectuate a stay of the Order unless a court  of competent jurisdiction specifically finds that the party  seeking the stay will likely succeed on the merits, that the party  will suffer irreparable harm without the stay, and that the stay is  in the public interest.  (Source: P.A. 100-20, eff. 7-1-17; 100-840, eff. 8-13-18.)