220 ILCS 5/10-108
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. 10-108)Sec. 10-108.     Complaints; notice; parties.     Complaint may be made by the  Commission, of its own motion  or by any person or corporation, chamber of commerce, board of trade, or  any industrial, commercial, mercantile, agricultural or manufacturing  society, or any body politic or municipal corporation by petition or  complaint in writing, setting forth any act or things done or omitted to  be done in violation, or claimed to be in violation, of any provision of  this Act, or of any order or rule of the Commission. In the discretion  of the Commission, matters presented by one complaint may be ordered  separated, and matters upon which complaint may be founded may be  joined. No objection shall be sustained to a separation merely because  the matters separated are under the ownership, control or management of  the same persons or corporation. No complaint shall be dismissed because  of the absence of direct damage to the complainant.Upon the filing of a complaint the Commission shall cause a copy  thereof to be served upon the person or corporation complained of which  shall be accompanied by a notice requiring that the complaint be  satisfied and answered within a reasonable time to be specified by the  Commission or within the discretion of the Commission, by a notice  fixing a time when and place where a hearing will be had upon such  complaint. Notice of the time and place shall also be given to the  complainant and to such other persons as the Commission shall deem  necessary. The Commission shall have authority to hear and investigate  any complaint notwithstanding the fact that the person or corporation  complained of may have satisfied the complaint.The time fixed for such hearing shall not be less than ten days after  the date of the service of such notice and complaint except as herein  provided. Service in all hearings, investigations, and proceedings  before the Commission may be made upon any person upon whom a summons  may be served in accordance with the provisions of the Civil Practice  Law and all existing and future amendments thereto and modifications thereof  and the Supreme Court Rules now or hereafter adopted in relation to that Law,  and may be made personally, by electronic means, or by mailing same in the  United States mail in a  sealed envelope with postage prepaid. The provisions of this section as  to notice shall apply to all hearings held by the Commission or under  its authority.Any public utility shall have a right to complain on any of the  grounds upon which complaints are allowed to be filed by other parties,  and the same procedure shall be adopted and followed as in other cases.All cities shall have power to appear as complainants or to make  application before the Illinois Commerce Commission for an inquiry,  investigation or hearing relating to the rates or other charges or  services of public utilities within such city; and in case of any  inquiry, investigation or hearing by or before the Illinois Commerce  Commission on any matter relating to the rates or other charges or  services within any city, the city shall receive written notice not less  than ten days before such inquiry, investigation or hearing, and shall  be entitled to appear and present evidence relating to the  subject matter of such inquiry, investigation or hearing. Such notice  shall be served upon the city clerk.Whenever there shall be filed a complaint under Article IX of this Act  regarding the rates, charges,  classifications or services of a public utility, the Commission shall make  and render findings concerning the subject matter and facts complained of  and enter its order based thereon not later than one year after the filing  of such complaint unless all parties to  the complaint proceeding under  Article IX agree to a period of greater than one year, provided that any  agreement to extend the one year period must be in writing and must be for  a specified period of time not exceeding 60 days.  The parties may enter  into more than one agreement to extend time.In the event that the Commission fails to enter its order within one  year after the filing of the complaint or upon the expiration of the last  agreement to extend time, any party may file a complaint in the circuit  court for an emergency order of mandamus to direct and compel the  Commission to enter its order within 60 days of the expiration of the one  year period or within 60 days of the expiration of the last agreement to  extend time, and the court shall set a schedule to enable the Commission to  complete the case and enter an order within the time frame specified  herein.  Summons upon the complaint shall be returnable within 5 days.  The  complaint for an order of mandamus shall be brought in the circuit in which  the subject matter of the complaint is situated or, if the subject matter  of the hearing is situated in more than one circuit, then in any one of those  circuits.    (Source: P.A. 91-341, eff. 7-29-99.)