2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 5/ - Public Utilities Act. › Article X - Proceedings Before The Commission And The Courts

(220 ILCS 5/Art. X heading)
ARTICLE X.  
		PROCEEDINGS BEFORE
THE COMMISSION AND THE COURTS
(220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
Sec. 10-101. 
The Commission, or any commissioner or administrative law judge 
designated by the Commission, shall have power to hold investigations,
inquiries and hearings concerning any matters covered by the provisions
of this Act, or by any other Acts relating to public utilities subject
to such rules and regulations as the Commission may establish.  In the
conduct of any investigation, inquiry or hearing the provisions of the
Illinois Administrative Procedure Act, including but not limited to Sections
10-25 and 10-35 of that Act, shall be applicable and the
Commission's rules shall be consistent therewith.  Complaint cases initiated
pursuant to any Section of this Act, investigative proceedings and  ratemaking
cases shall be considered "contested cases" as defined in Section 1-30 of the Illinois Administrative Procedure Act, any contrary provision
therein notwithstanding.  Any proceeding intended to lead to the establishment
of policies, practices, rules or programs applicable to more than
one utility may, in the Commission's discretion, be conducted pursuant to
either rulemaking or contested case provisions, provided such choice is clearly
indicated at the beginning of such proceeding and subsequently adhered to.  No
violation of this Section or the Illinois Administrative Procedure Act and no
informality in any proceeding or in the manner of taking testimony before the
Commission, any commissioner or administrative law judge of the Commission shall
invalidate any order, decision, rule or regulation made, approved, or confirmed
by the Commission in the absence of prejudice.  All hearings conducted by the
Commission shall be open to the public.
Each commissioner and every administrative law judge of the Commission designated by
it to hold any inquiry, investigation or hearing, shall have the power to
administer oaths and affirmations, certify to all official acts, issue
subpoenas, compel the attendance and testimony of witnesses, and the production
of papers, books, accounts and documents.
Hearings shall be held either by the Commission or by one or more
commissioners or administrative law judges.
When any attorney who is not admitted to the practice of law in Illinois by unlimited or conditional admission, but who is licensed in another state,
territory, or commonwealth of the United States, the District of Columbia, or a foreign country may desire to appear before the Commission, such
attorney shall be allowed to appear before the Commission as provided in Supreme Court Rule 707.
All evidence presented at hearings held by the Commission or under its
authority shall become a part of the records of the Commission.  In all cases
in which the Commission bases any action on reports of investigation or
inquiries not conducted as hearings, such reports shall be made a part of the
records of the Commission. All proceedings of the Commission and all documents
and records in its possession shall be public records, except as in this Act
otherwise provided.
To the extent consistent with this Section and the Illinois Administrative
Procedure Act, the Commission may adopt reasonable and proper rules and
regulations relative to the exercise of its powers, and proper rules to govern
its proceedings, and regulate the mode and manner of all investigations and
hearings, and alter and amend the same.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-101.1)
Sec. 10-101.1. Mediation; arbitration; case management.
(a) It is the intent of the General Assembly that proceedings before the
Commission shall be concluded as expeditiously as is possible consistent with
the right of the parties to the due process of law and protection of
the
public interest. It is further the intent of the General Assembly to permit and
encourage voluntary mediation and voluntary binding arbitration of disputes
arising under this Act.
(b) Nothing in this Act shall prevent parties to contested cases brought
before the Commission from resolving those cases, or other disputes arising
under this Act, in part or in their entirety, by agreement of all parties, by
compromise and settlement, or by voluntary mediation; provided, however, that
nothing in this Section shall limit the Commission's authority to conduct such
investigations and enter such orders as it shall deem necessary to enforce the
provisions of this Act or otherwise protect the public interest. Evidence of
conduct or statements made by a party in furtherance of voluntary mediation or
in compromise negotiations is not admissible as evidence should the matter
subsequently be heard by the Commission; provided, however that evidence
otherwise discoverable is not excluded or deemed inadmissible merely because
it is presented in the course of voluntary mediation or compromise
negotiations.
No civil penalty shall be imposed upon parties that reach an agreement pursuant
to the mediation procedures in this Section.
(c) The Commission shall prescribe by rule such procedures and facilities
as are necessary to permit parties to resolve disputes through voluntary
mediation prior to the filing of, or at any point during, the pendency of a
contested matter. Parties to disputes arising under this Act are encouraged to
submit disputes to the Commission for voluntary mediation, which shall not
be binding upon the parties. Submission of a dispute to voluntary mediation
shall
not compromise the right of any party to bring action under this Act.
(d) In any contested case before the Commission, at the Commission's or administrative law judge's
 direction or on motion of any party, a case management
conference may be held at such time in the proceeding prior to evidentiary
hearing as the administrative law judge deems proper. Prior to the conference, when
directed to do so, all parties shall file a case management memorandum that
addresses items (1) through (9) as directed by the administrative law judge.
 At the conference, the following shall be considered:
(1) the identification and simplification of the     issues; provided, however, that the identification of issues by a party shall not foreclose that party from raising such other meritorious issues as that party might subsequently identify;
(2) amendments to the pleadings;
(3) the possibility of obtaining admissions of fact     and of documents which will avoid unnecessary proof;
(4) limitations on discovery including:
(A) the area of expertise and the number of         witnesses who will likely be called;  provided, however, that the identification of witnesses by a party shall not foreclose that party from producing such other witnesses as that party might subsequently identify; and
(B) schedules for responses to and completion of         discovery; provided, however, that such responses shall under no circumstances be provided later than 28 days after such discovery or requests are served, unless the administrative law judge  shall order or the parties agree to some other time period for response;
(5) the possibility of settlement and scheduling of a     settlement conference;
(6) the advisability of alternative dispute     resolution including, but not limited to, mediation or arbitration;
(7) the date on which the matter should be ready for     evidentiary hearing and the likely duration of the hearing;
(8) the advisability of holding subsequent case     management conferences; and
(9) any other matters that may aid in the disposition     of the action.
(e) The Commission is hereby authorized, if requested by all parties to
any complaint brought under this Act, to arbitrate the complaint and to enter a
binding arbitration award disposing of the complaint. The Commission shall
prescribe by rule procedures for arbitration.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-102) (from Ch. 111 2/3, par. 10-102)
Sec. 10-102. 
All meetings of the Commission shall be conducted pursuant
to the provisions of the Open Meetings Act. Whenever the Commission holds an open meeting or,
pursuant to such Act, closes any meeting, or portion of any meeting, it
shall arrange for all discussions, deliberations and meetings to
be transcribed verbatim by a certified court reporter. The transcripts may be provided in an electronic format only. The Commission shall review and approve all such transcripts within 30 days
of the date of the meeting, but at least 10 days prior to the expiration of the time within which an application for rehearing is due in any proceeding that is the subject of the meeting. When, in the Commission's judgment, the exception of
the Open Meetings Act relied upon for authorizing the closing of a meeting,
as recorded pursuant to Section 2a of the Open Meetings Act, is no longer
applicable, such transcripts shall be made available to the public.
Any party to a Commission proceeding shall be given access to the
transcript of any closed meeting pertaining to such proceeding at least 10 days prior to the
expiration of the time within which his application for rehearing must be
filed, upon the signing of an appropriate protective agreement. Transcripts of open Commission meetings shall be electronically posted in the relevant docket on the same day that the transcript is approved by the Commission.
(Source: P.A. 96-33, eff. 7-10-09.)
(220 ILCS 5/10-103) (from Ch. 111 2/3, par. 10-103)
Sec. 10-103. In all proceedings, investigations or hearings conducted by
the Commission, except in the disposition of matters which the Commission
is authorized to entertain or dispose of on an ex parte basis, any finding,
decision or order made by the Commission shall be based exclusively on the
record for decision in the case, which shall include only the transcript of
testimony and exhibits together with all papers and requests filed in the
proceeding, including, in contested cases, the documents and information
described in Section 10-35 of the Illinois Administrative Procedure Act.
The provisions of Section 10-60 of the Illinois Administrative
Procedure Act shall apply in full to Commission proceedings, including
ratemaking cases, any provision of the Illinois Administrative Procedure Act to
the contrary notwithstanding.
The provisions of Section 10-60 shall
not apply, however, to communications between Commission employees who are
engaged in investigatory, prosecutorial or advocacy functions and other parties
to the proceeding, provided that such Commission employees are still prohibited
from communicating on an ex parte basis, as designated in Section 10-60,
directly or indirectly, with members of the Commission, any administrative law judge in
the proceeding, or any Commission employee who is or may reasonably be expected
to be involved in the decisional process of the proceeding. Any commissioner, administrative law judge, or other person who is
or may reasonably be expected to be involved in the decisional process of a
proceeding, who receives, or who makes or knowingly causes to be made, a
communication prohibited by this Section or Section 10-60 of the Illinois
Administrative Procedure Act as modified by this Section, shall place on the
public record of the proceeding (1) any and all such written communications;
(2) memoranda stating the substance of any and all such oral communications;
and (3) any and all written responses and memoranda stating the substance
of any and all oral responses to the materials described in clauses (1)
and (2).
The Commission, or any commissioner or administrative law judge presiding over
the proceeding, shall in the event of a violation of this Section, take
whatever action is necessary to ensure that such violation does not
prejudice any party or adversely affect the fairness of the proceedings, including dismissing the affected matter.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-104) (from Ch. 111 2/3, par. 10-104)
Sec. 10-104. 
All hearings before the Commission or any commissioner or administrative law judge
 shall be held within the county in which the subject
matter of the hearing is situated, or if the subject matter of the hearing
is situated in more than one county, then at a place or places designated
by the Commission, or agreed upon by the parties in interest, within one or
more such counties, or at the place which in the judgment of the Commission
shall be most convenient to the parties to be heard.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-105) (from Ch. 111 2/3, par. 10-105)
Sec. 10-105. 
No person shall be excused from testifying or from producing any
papers, books, accounts or documents in any investigation or inquiry or
upon any hearing ordered by the Commission, when ordered to do so by the
Commission or any commissioner or administrative law judge,
upon the ground that the testimony or evidence, documentary or
otherwise, may tend to incriminate him or subject him to a penalty or
forfeiture. But no person shall be prosecuted or subjected to any penalty
or forfeiture for or on account of any transaction, matter or thing
concerning which he may testify or produce evidence, documentary or
otherwise, before the Commission or a commissioner or administrative law judge:
Provided, that such immunity shall extend only to a natural person, who in
obedience to a subpoena, gives testimony under oath or produces evidence,
documentary or otherwise under oath. No person so testifying shall be
exempt from prosecution and punishment for perjury committed in so testifying.
The Commission or a commissioner or administrative law judge
 may, on the motion of a party or on its own
motion, strike, in whole or in part, the testimony of a person who is not
reasonably
prepared to respond to questions under cross-examination intending to elicit
information directly related to matters raised by that person in his
testimony.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-106) (from Ch. 111 2/3, par. 10-106)
Sec. 10-106. 
All subpoenas issued under the terms of this Act may be served
by any person of full age.  The fees of witnesses for attendance and travel
shall be the same as fees of witnesses before the circuit courts of this
State, such fees to be paid when the witness is excused from further
attendance, when the witness is subpoenaed at the instance of the
Commission, or any commissioner or administrative law judge; and the
disbursements made in the payment of such fees shall be audited and paid in
the same manner as are other expenses of the Commission.  Whenever a
subpoena is issued at the instance of a complainant, respondent, or other
party to any proceeding before the Commission, the Commission may require
that the cost of service thereof and the fee of the witness shall be borne
by the party at whose instance the witness is summoned, and the Commission
shall have power, in its discretion, to require a deposit to cover the cost
of such service and witness fees and the payment of the legal witness fee
and mileage to the witness when served with subpoena.  A subpoena issued as
aforesaid shall be served in the same manner as a subpoena issued out of a
court.
Any person who shall be served with a subpoena to appear and testify, or
to produce books, papers, accounts or documents, issued by the Commission
or by any commissioner or administrative law judge, in the course of an inquiry,
investigation or hearing conducted under any of the provisions of this Act,
and who refuse or neglect to appear, or to testify, or to produce books,
papers, accounts and documents relevant to said inquiry, investigation or
hearing as commanded in such subpoena, shall be guilty of a Class A misdemeanor.
Any circuit court of this State, upon application
of the Commission, or a commissioner or administrative law judge, may, in its
discretion, compel the attendance of witnesses, the production of
books, papers, accounts and documents, and the giving of testimony before
the Commission, or before any such commissioner or administrative law judge, by
an attachment for contempt or otherwise, in the same manner as production
of evidence may be compelled before the court.
The Commission or a commissioner or administrative law judge or any party may in
any investigation or hearing before the Commission, cause the deposition
of witnesses residing within or without the State to be taken in the manner
prescribed by law for like depositions in civil actions in the courts of
this State and to that end may compel the attendance of witnesses and the
production of papers, books, accounts and documents.
The Commission may require, by order served on any public utility in the
manner provided herein for the service of orders, the production within
this State at such time and place as it may designate, of any books,
accounts, papers or documents kept by any public utility operating within
this State in any office or place without this State, or, at its option,
verified copies in lieu thereof, so that an examination thereof may be made
by the Commission or under its direction.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-107) (from Ch. 111 2/3, par. 10-107)
Sec. 10-107. 
The Commission, each commissioner and each
employee of the Commission properly authorized thereby shall
have the right, at any and all times to inspect the papers, books, accounts
and documents, plant, equipment or other property of any public utility, and
the Commission, each commissioner and any administrative law judge of the Commission
authorized to administer oaths shall have the power
to examine under oath any officer, agent or employee of such public utility
in relation to any matter within the jurisdiction of the Commission.  A
person other than a commissioner or administrative law judge demanding such
inspection shall produce under the seal of the Commission his authority to
make such inspection.  A written record of the testimony or statement so
given under oath shall be made and filed with the Commission.  Information
so obtained shall not be admitted in evidence or used in any proceeding
except in proceedings provided for in this Act.
Any party to a proceeding before the Commission shall have the right to
inspect the records of all hearings, investigations or inquiries conducted
by or under the authority of the Commission, which may relate to the issues
involved in such proceeding; and to submit suggestions as to other matters
to be investigated or as to questions to be propounded.  If the Commission
is satisfied that such suggested investigation should be made or such
suggested questions answered, and that the information desired is within
the power of either party to furnish, it shall enter an order requiring the
investigation to be made or the questions to be answered, and upon failure
or refusal to comply with such order, the Commission shall either refuse to
grant the relief prayed for by the party refusing to comply, or may grant the
relief prayed for by the opposing party against the party refusing to comply.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-108) (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.)
(220 ILCS 5/10-109) (from Ch. 111 2/3, par. 10-109)
Sec. 10-109. 
		
		The Commission shall have power to receive complaints regarding
loss or damage occasioned by a public utility, and to make inquiry as to the
methods of adjusting such claims. All claims against any public utility
for loss of, or damage to property, or for any other loss or damage, in
connection with a public utility service, not covered by the preceding
paragraphs of this section, if not acted upon within 90 days from
the date of the filing of the claim with the public utility, may be
investigated by the Commission, in its discretion, and the results of
such investigation shall be embodied in a special report which shall be
open to public inspection.
(Source: P.A. 84-617.)
(220 ILCS 5/10-110) (from Ch. 111 2/3, par. 10-110)
Sec. 10-110. 
At the time fixed for any hearing upon a complaint, the
complainant and the person or corporation complained of, and such persons
or corporations as the Commission may allow to intervene, shall be entitled
to be heard and to introduce evidence.  The Commission shall issue process
to enforce the attendance of all necessary witnesses.  At the conclusion of
such hearing the Commission shall make and render findings concerning the
subject matter and facts inquired into and enter its order based thereon.  A
copy of such order, certified under the seal of the Commission, shall be
served upon the person or corporation complained of, or his or its
attorney, which order shall, of its own force, take effect and become
operative twenty days after the service thereof, except as otherwise
provided, and shall continue in force either for a period which may be
designated therein or until changed or abrogated by the Commission.  Where
an order cannot, in the judgment of the Commission, be complied with within
twenty days, the Commission may prescribe such additional time as in its
judgment is reasonably necessary to comply with the order, and may, on
application and for good cause shown, extend the time for compliance fixed
in its order.  A full and complete record shall be preserved of all
proceedings had before the Commission, or any member thereof, or any administrative law judge, on any formal hearing had, and all testimony shall
be taken down by a stenographer appointed by the Commission, and the
parties shall be entitled to be heard in person or by attorney.
In any proceeding involving a public
utility in which the lawfulness of any of its rates or other charges shall
be called in question by any person or corporation furnishing a commodity
or service in competition with said public utility at prices or charges not
subject to regulation, the Commission may investigate the competitive
prices or other charges demanded or received by such person or corporation
for such commodity or service, including the rates or other charges
applicable to the transportation thereof.  The Commission may, on its own
motion or that of any party to such proceeding, issue subpoenas to secure
the appearance of witnesses or the production of books, papers, accounts
and documents necessary to ascertain the prices, rates or other charges for
such commodity or service or for the transportation thereof, and shall
dismiss from such proceeding any party failing to comply with a subpoena so
issued.
In case of an appeal from any order or decision of the Commission, under
the terms of Sections 10-201 and 10-202 of this Act, a transcript of such
testimony, together with all exhibits or copies thereof introduced and all
information secured by the Commission on its own initiative and considered
by it in rendering its order or decision (and required by this Act to be
made a part of its records) and of the pleadings, records and proceedings
in the case, including transcripts of Commission meetings prepared in accordance with Section 10-102 of this Act, shall constitute the record of the Commission: Provided, that
on appeal from an order or decision of the Commission, the person or
corporation taking the appeal and the Commission may stipulate that a
certain question or certain questions alone and a specified portion only of
the evidence shall be certified to the court for its judgment, whereupon
such stipulation and the question or questions and the evidence therein
specified shall constitute the record on appeal.
Copies of all official documents and orders filed or deposited according
to law in the office of the Commission, certified by the Chairman of
the Commission or his or her designee to be true
copies of the originals, under
the official seal of the Commission, shall be evidence in like manner as
the originals.
In any matter concerning which the Commission is authorized to hold a
hearing, upon complaint or application or upon its own motion, notice shall
be given to the public utility and to such other interested persons as the
Commission shall deem necessary in the manner provided in
Section 10-108, and the hearing shall be conducted in like manner as if
complaint
had been made to or by the Commission.  But nothing in this Act shall be
taken to limit or restrict the power of the Commission, summarily, of its
own motion, with or without notice, to conduct any investigations or
inquiries authorized by this Act, in such manner and by such means as it
may deem proper, and to take such action as it may deem necessary in
connection therewith.  With respect to any rules, regulations, decisions or
orders which the Commission is authorized to issue without a hearing, and
so issues, any public utility or other person or corporation affected
thereby and deeming such rules, regulations, decisions or orders, or any of
them, improper, unreasonable or contrary to law, may apply for a hearing
thereon, setting forth specifically in such application every ground of
objection which the applicant desires to urge against such rule,
regulation, decision or order.  The Commission may, in its discretion, grant
or deny the application, and a hearing, if had, shall be subject to the
provisions of this and the preceding Sections.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-111) (from Ch. 111 2/3, par. 10-111)
Sec. 10-111. 
In any hearing, proceeding, investigation, or rulemaking
conducted by the Commission, the Commission, commissioner, or administrative law judge 
presiding, shall, after the close of evidentiary hearings, prepare a
recommended or tentative decision, finding, or order, including a statement
of findings and conclusions and the reasons or basis therefore, on all the
material issues of fact, law, or discretion presented on the record. Such
recommended or tentative decision, finding, or order shall be served on all
parties who shall be entitled to a reasonable opportunity to respond
thereto, either in briefs or comments otherwise to be filed or separately.
The recommended or tentative decision, finding, or order and any responses
thereto shall be included in the record for decision.  This Section shall
not apply to any hearing, proceeding, or investigation conducted under Section
13-515.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)
Sec. 10-112. 
		Service of Commission orders. 
		Every order of the
Commission shall be served upon every person
or corporation to be affected thereby by personal delivery of a copy thereof, by mailing in the United States mail a
copy thereof in a sealed package with postage prepaid, or by electronic
means to the person to be
affected thereby or in the case of a corporation, to any officer or agent
thereof upon whom a summons of a circuit court may be
served in a civil action.  Where such persons or corporations, or both,
exceed 3 in number, service as herein provided may be upon the attorneys or
representatives of record, if there be any; and in any event, mailing in
the United States mail as herein provided, shall constitute service,
without additional proof of a receipt of such copy or copies of
such
order.   Within a time specified in the order
of the Commission every person and corporation upon whom it is served must,
if so required in the order, notify the Commission in like manner whether
the terms of the order are accepted and will be obeyed.
(Source: P.A. 91-341, eff. 7-29-99.)
(220 ILCS 5/10-113) (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.)
(220 ILCS 5/10-201) (from Ch. 111 2/3, par. 10-201)
Sec. 10-201.  (a) Jurisdiction. Within 35 days from the date that
a copy of the order or decision sought to be reviewed was served upon the party
affected by any order or decision of the Commission refusing an application for
a rehearing of any rule, regulation, order or decision of the Commission,
including any order granting or denying interim rate relief, or within 35 days
from the date that a copy of the order or decision sought to be reviewed was
served upon the party affected by any final order or decision of the Commission
upon and after a rehearing of any rule, regulation, order or decision of the
Commission, including any order granting or denying interim rate relief, any
person or corporation affected by such rule, regulation, order or decision, may
appeal to the appellate court of the judicial district in which the subject
matter of the hearing is situated, or if the subject matter of the hearing is
situated in more than one district, then of any one of such districts, for the
purpose of having the reasonableness or lawfulness of the rule, regulation,
order or decision inquired into and determined.
The court first acquiring jurisdiction of any appeal from any rule,
regulation, order or decision shall have and retain jurisdiction of such appeal
and of all further appeals from the same rule, regulation, order or decision
until such appeal is disposed of in such appellate court.
(b) Pleadings and record.  No proceeding to contest any rule,
regulation, decision or order which the Commission is authorized to issue
without a hearing and has so issued shall be brought in any court unless
application shall have been first made to the Commission for a hearing
thereon and until after such application has been acted upon by the
Commission, nor shall any person or corporation in any court urge or rely
upon any grounds not set forth in such application for a hearing before the
Commission, but the Commission shall decide the questions presented by the
application with all possible expedition consistent with the duties of the
Commission. The party taking such an appeal shall file with the Commission
written notice of the appeal. The Commission, upon the
filing of such notice of appeal, shall, within 5 days thereafter, file with
the clerk of the appellate court to which such appeal is taken a certified
copy of the order appealed. The Commission shall prepare a copy of the transcript
of the evidence, including exhibits and transcripts of Commission meetings prepared in accordance with Section 10-102 of this Act, or any portion of the record designated in a stipulation that only
certain questions are involved on appeal, which stipulation is to be
included in the record provided for in Section 10-110. The Commission shall
certify the record and file the same with the clerk of the appellate court to
which such appeal is taken within 35 days of the filing of the notice of appeal. The party serving such notice of appeal shall,
within 5 days after the service of such notice upon the Commission, file a
copy of the notice, with proof of service, with the clerk of the court to
which such appeal is taken, and thereupon the appellate court shall have
jurisdiction over the appeal. The appeal shall be heard according to the
rules governing other civil cases, so far as the same are applicable.
(c) No appellate court shall permit a
party affected by any rule, regulation, order or decision of the Commission
to intervene or become a party plaintiff or appellant in such court who has
not taken an appeal from such rule, regulation, order or decision in the
manner as herein provided.
(d) No new or additional evidence may be introduced in any
proceeding upon appeal from a rule, regulation, order or decision of the
Commission, issued or confirmed after a hearing, but the appeal shall be
heard on the record of the Commission as certified by it. The findings and
conclusions of the Commission on questions of fact shall be held prima
facie to be true and as found by the Commission; rules, regulations, orders
or decisions of the Commission shall be held to be prima facie reasonable,
and the burden of proof upon all issues raised by the appeal shall
be upon the person or corporation appealing from such rules, regulations,
orders or decisions.
(e) Powers and duties of reviewing court:
(i) An appellate court to which any such appeal is     taken shall have the power, and it shall be its duty, to hear and determine such appeal with all convenient speed. Any proceeding in any court in this State directly affecting a rule, regulation, order or decision of the Commission, or to which the Commission is a party, shall have priority in hearing and determination over all other civil proceedings pending in such court, excepting election contests.
(ii) If it appears that the Commission failed to     receive evidence properly proffered, on a hearing or a rehearing, or an application therefor, the court shall remand the case, in whole or in part, to the Commission with instructions to receive the testimony so proffered and rejected, and to enter a new order based upon the evidence theretofore taken, and such new evidence as it is directed to receive, unless it shall appear that such new evidence would not be controlling, in which case the court shall so find in its order. If the court remands only part of the Commission's rule, regulation, order or decision, it shall determine without delay the lawfulness and reasonableness of any independent portions of the rule, regulation, order or decision subject to appeal.
(iii) If the court determines that the Commission's     rule, regulation, order or decision does not contain findings or analysis sufficient to allow an informed judicial review thereof, the court shall remand the rule, regulation, order or decision, in whole or in part, with instructions to the Commission to make the necessary findings or analysis.
(iv) The court shall reverse a Commission rule,     regulation, order or decision, in whole or in part, if it finds that:
A. The findings of the Commission are not         supported by substantial evidence based on the entire record of evidence presented to or before the Commission for and against such rule, regulation, order or decision; or
B. The rule, regulation, order or decision is         without the jurisdiction of the Commission; or
C. The rule, regulation, order or decision is in         violation of the State or federal constitution or laws; or
D. The proceedings or manner by which the         Commission considered and decided its rule, regulation, order or decision were in violation of the State or federal constitution or laws, to the prejudice of the appellant.
(v) The court may affirm or reverse the rule,     regulation, order or decision of the Commission in whole or in part, or remand the decision in whole or in part where a hearing has been held before the Commission, and state the questions requiring further hearings or proceedings and  give such other instructions as may be proper.
(vi) When the court remands a rule, regulation, order     or decision of the Commission, in whole or in part, the Commission shall enter its final order with respect to the remanded rule, regulation, order or decision no later than 6 months after the date of issuance of the court's mandate.  The Commission shall enter its final order, with respect to any remanded matter pending before it on the effective date of this amendatory Act of 1988, no later than 6 months after the effective date of this amendatory Act of 1988. However, when the court mandates, or grants an extension of time which the court determines to be necessary for, the taking of additional evidence, the Commission shall enter an interim order within 6 months after the issuance of the mandate (or within 6 months after the effective date of this amendatory Act of 1988 in the case of a remanded matter pending before it on the effective date of this amendatory Act of 1988), and the Commission shall enter its final order within 5 months after the date the interim order was entered.
(f) When no appeal is taken from a rule, regulation, order or decision of
the Commission, as herein provided, parties affected by such rule,
regulation, order or decision, shall be deemed to have waived the right to
have the merits of the controversy reviewed by a court and there shall be
no trial of the merits of any controversy in which such rule, regulation,
order or decision was made, by any court to which application may be made
for the enforcement of the same, or in any other judicial proceedings.
(Source: P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/10-202) (from Ch. 111 2/3, par. 10-202)
Sec. 10-202. 
		
		Appeals from all final orders and judgments entered by the
appellate court, in review of rules, regulations, orders or decisions of the
Commission, may be taken to the Illinois Supreme Court as in other civil cases.
(Source: P.A. 84-617.)
(220 ILCS 5/10-203) (from Ch. 111 2/3, par. 10-203)
Sec. 10-203. 
		
		In all appeals from the orders and decisions of the Commission,
it shall be the duty of the Attorney General to represent the Commission
and defend its orders and decisions.
(Source: P.A. 84-617.)
(220 ILCS 5/10-204) (from Ch. 111 2/3, par. 10-204)
Sec. 10-204. 
(a) The pendency of an appeal shall not of itself stay or
suspend the operation of the rule, regulation, order or decision of the
Commission, but during the pendency of the appeal the reviewing court may
in its discretion stay or suspend, in whole or in part, the operation of
the Commission's rule, regulation, order or decision.
Any stocks or stock certificates, bonds, notes, or other evidence of
indebtedness issued pursuant to and in accordance with an order of the
Commission shall be valid and binding in accordance with their terms
notwithstanding such order of the Commission is later vacated, modified, or
otherwise held to be wholly or partly invalid unless operation of such order
of the Commission has been stayed or suspended by the
reviewing court prior to such issuance.
(b) No order so staying or suspending a rule, regulation, order or decision
of the Commission shall be made by the court otherwise than upon 3 days'
notice to the Commission and after a hearing, and if the rule, regulation,
order or decision of the Commission is suspended, the order suspending the
same shall contain a specific finding based upon evidence submitted to the
court, and identified by reference thereto, that great or irreparable
damage would otherwise result to the petitioner, and specifying the nature
of the damage.
(c) In case the rule, regulation, order or decision of the Commission is
stayed or suspended, the order of the court shall not become effective
until a suspending bond shall first have been executed and filed with, and
approved by the Commission (or approved, on review, by the court) payable
to the people of the State of Illinois, and sufficient in amount and
security to insure the prompt payment, by the party petitioning for the
review, of all damages caused by the delay in the enforcement of the rule,
regulation, order or decision of the Commission, and of all moneys which
any person or corporation may be compelled to pay, pending the review
proceedings, for transportation, transmission, product, commodity or
service in excess of the charges fixed by the rule, regulation, order or
decision of the Commission, in case said rule, regulation, order or
decision is sustained. However, no bond shall be required in the case of
any stay or suspension granted on application of the State or people of the
State, represented by the Attorney General or Public Counsel, or of any
city or other governmental body. The court in case it stays or suspends the
rule, regulation, order or
decision of the Commission in any manner affecting rates or other charges or
classifications, may in its discretion, also by order direct the public
utility affected to pay into court, from time to time thereto to be
impounded until the final decision of the case or into some bank or trust
company paying interest on deposits, under such conditions as the court may
prescribe, all sums of money which it may collect from any corporation or
person in excess of the sum such corporation or person would have been
compelled to pay if the rule, regulation, order or decision of the
Commission had not been stayed or suspended.
(d) When any rate or other charge has been in force for any length of time
exceeding one year, and that rate or other charge is advanced by the public
utility and the order of the Commission reinstates that prior rate or
other charge, in whole or in part, no suspending order shall be allowed in
any case from the reinstating order pending the final determination of the
case in the reviewing court, pending the final determination
by such reviewing court.
(Source: P.A. 100-840, eff. 8-13-18.)