reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.221 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except for exhibits, documents shall be typewritten or printed.
b) Except for exhibits, documents shall be
				cut or folded so as not to exceed a width of 81/2 inches and a length of 11
				inches. Whenever practical, all exhibits of a documentary character shall
				conform to these requirements.
c)
				Documents shall clearly show the file or docket number of the proceeding and
				shall clearly describe their nature, e.g., "Motion," "Appearance,"
				etc.
d) Pleadings, written motions,
				and appearances shall be dated and signed and shall contain the name, address
				and telephone number of the party filing the document or, if represented by an
				attorney, the name, business address and phone number of such
				attorney.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.222 - Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				documents required to be filed with the Hearing Officer shall be addressed to
				the Hearing Officer at the following address:
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Attention: Agency Hearing Officer
b) The date that a document is filed for the
				record is the date the document is mailed to or personally served upon the
				Hearing Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.223 - Service of Documents and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of pleadings, motions or other
				documents shall be made by personal delivery or by certified mail. One copy
				shall be served to each party who has filed an appearance and to the Hearing
				Officer with proof of service.
b)
				Proof of service shall be filed with the Hearing Officer before action will be
				taken on any pleading.
c) The proof
				of service shall show the date, time and manner of service any may be by
				written acknowledgement of service, by certificate of the person effecting the
				service, or by certified mail with a return receipt.
d) Service by certified mail is complete upon
				receipt or returned as refused. The time for any response shall commonce seven
				(7) days after receipt or refusal.
e) The Hearing Officer shall maintain a
				service list of the names and addresses of all parties and interested
				persons.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.224 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless made
				during a hearing or a pre-hearing conference, motions shall be made in writing,
				and shall set forth the relief or order sought and shall be served on all other
				parties of record. Motions based on a matter which does not appear on record
				shall be suppported by affidavit. Motions shall be ruled upon the day of such
				hearing or prior to such hearing after the period of response in subsection
				(a).
b) Written motions shall be
				titled as to the party making the motion and the nature of the relief sought.
				Such title shall be in capital letters and shall be placed either below the
				caption or to the right of the caption beneath the docket number.
c) Amendments to all pleadings and motions
				shall be allowed upon proper motion in accordance with subsection (a) at any
				time during the proceeding.
d) Any
				party to a hearing may respond to any motion. Responses shall be in writing and
				shall be filed within ten (10) days of service of the motion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.225 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Computation of time shall begin with the first business day
				  following the day on which the act, event or development initiating such period
				  of time occurs. Time shall run until the end of the last day or the next
				  following business day if the last day is Saturday, Sunday or legal holiday.
				  Where the period of time is five days or less, Saturdays, Sundays and legal
				  holidays shall always be excluded in the computation of time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.226 - Pre-Hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				pre-hearing conference may be scheduled at the Hearing Officer's discretion or
				at the request of any party whenever any of the purposes listed below would be
				effectuated. This conference shall be for the purpose of considering:
1) The setting of the date, time and location
				of the hearing.
2) The
				simplification of issues of fact and law;
3) The necessity or desirability of amending
				pleadings or documents for the purpose of clarification, amplification, or
				limitation;
4) The possibility of
				making admissions of fact or stipulations concerning the foundation for
				testimony or exhibits or use of matters of public record, to avoid unnecessary
				introduction of proof;
5) The
				limitation of the number of witnesses, including experts;
6) The usefulness of prior mutual exchange
				between or among parties of prepared testimony and exhibits; and
7) Such other matters as may aid in the
				simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.227 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Regarding any
				matter not privileged under Sections 7 and 7.1 of the Environmental Protection
				Act (Ill. Rev. Stat. 1985, ch. 1111/2, pars. 1007 and 1007.1 ), the Hearing
				Officer shall order discovery upon written request of any party. Subject to the
				requirements of this section, the Hearing Officer may order:
1) The production of the names and addresses
				of persons having knowledge of relevant facts;
2) The production of the names and addresses
				of all witnesses whom the party intends to call at the hearing and the subject
				matter of their expected testimony;
3) The taking of a deposition of any witness,
				including expert witnesses, expected to testify at the hearing;
4) The answering of the interrogatory or
				request to admit of any party; and
5) The production of evidence within the
				control or possession of any party for the purposes of inspection, copying or
				duplication.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.228 - Admissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 21 days
				prior to a hearing, a party may serve on any other party a written request for
				the admission of the truth of any specified relevant fact or for admission of
				the genuineness of any relevant documents described in the request. Copies of
				the documents shall be served with the request unless copies have already been
				furnished.
b) Each of the matters
				of fact and the genuineness of each document of which admission is requested is
				admitted unless, within 7 days after service thereof, the party to whom the
				request is directed serves upon the party requesting the admission either:
1) A sworn statement denying specifically the
				matters of which admission is requested or setting forth in detail the reasons
				why those matters cannot be truthfully admitted or denied; or
2) Written objections on the ground that some
				or all of the requested admissions are privileged or irrelevant or that the
				request is otherwise improper in whole or in part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.230 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer shall be designated by the Director of the Agency.
b) The Hearing Officer shall have all
				authority necessary to conduct a fair and orderly hearing including, but not
				limited to, the power to:
1) Schedule the
				hearing, depositions and prehearing conferences;
2) Rule on motions and requests;
3) Administer oaths and
				affirmations;
4) Rule or reserve
				ruling on the admissibility of evidence offered and amendments to
				pleadings;
5) Establish the time
				for making written submissions and closure of the record; and
6) Impose sanctions in accordance with
				Section166.295 of this
				Subpart.
7) The Hearing Officer may
				ask any questions of the parties to assure a full and complete
				record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.235 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person
				desiring to intervene shall file with the Hearing Officer a petition to
				intervene, accompanied by any pleadings or motions the person may wish to file
				at the same time. The petition shall be served on all parties at least 15 days
				prior to the hearing, unless a different time period is allowed by the Hearing
				Officer, but in no case shall intervention be allowed less than seven days
				prior to the hearing.
b)
				Intervention shall be allowed when:
1) The
				petitioner can show an interest which may not be adequately represented by the
				parties to the proceedings; or
2)
				The petition may adversely affected by the Agency's final administrative
				decision; or
3) The petition is
				another agency or department of the United States or the State of Illinois
				which has an interest in the subject of the hearing before the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.240 - Conduct of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				testimony taken at hearings shall be under oath or affirmation.
b) All motions and objections made during a
				hearing shall be stated in writing or orally on the record, including the
				grounds for such objections. The Hearing Officer shall rule on said motions
				either in writing or orally on the record, and shall state the grounds for such
				ruling.
c) The parties shall
				proceed at all stages of the hearing including opening and closing statements,
				the offering of evidence, and examination of witnesses, in the order in which
				they appear in the pleadings unless otherwise agreed by the parties. In
				consolidated cases or where intervention has been granted the Hearing Officer
				shall designate the order.
d) The
				following shall be the order of the hearing.
1) Presentation, argument, and disposition of
				motions preliminary to a hearing on the merits of the matters raised in the
				complaint;
2) Presentation of
				opening statements;
3) Applicant's
				case in chief;
4)
				Objector/Respondent case in chief;
5) Statement from the public, if authorized
				by the Hearing Officer;
6)
				Objector's/Respondent's closing argument, which may include legal
				argument;
7) Applicant's closing
				argument, which may include legal argument;
8) Presentation and argument of all motions
				prior to submission of the transcript to the Hearing Officer; and
9) A schedule for submission of briefs to the
				Hearing Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.250 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The
				rules of evidence and privilege as applied in civil cases in the circuit courts
				of Illinois shall be followed. However, evidence not admissible under such
				rules of evidence may be admitted, (except where precluded by statute), if it
				is of a type commonly relied upon by reasonably prudent persons in the conduct
				of their affairs.
b) Objections to
				evidentiary offers may be made and shall be noted in the record.
c) When a hearing is expedited and the
				interests of the parties will not be prejudiced, any part of the evidence may
				be received in written form. (Section 10-40(a) IAPA)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.255 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				proponent of any matter asserted shall have the burden of proof to establish by
				a preponderance of evidence that the matter asserted is more probably true then
				not true.
b) When a party has the
				burden of proof and establishes the matter asserted by the quantum of evidence
				required in Section
				166.255(a)
				of this Subpart, the party has made a prima facie case, and the burden of
				disproving the matter asserted goes to the opposing party; by the same quantum
				required in Section
				166.255(a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.260 - Testimony and Cross-Examination of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a) All parties may cross-examine any other
				party's witness. The scope of cross-examination shall be defined by the scope
				of direct examination.
b) Employees
				of one party required by order of the Hearing Officer to attend a hearing may
				be examined as if under cross-examination.
c) If the Hearing Officer determines that a
				witness is hostile or unwilling, the party calling the witness may examine the
				witness as if under cross-examination.
d) Questions calling for an opinion of an
				expert witness need not be hypothetical in form.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.265 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notice may be taken of matters of which the circuit courts of this State may
				take judicial notice.
b) Notice may
				also be taken of generally recognized technical or scientific facts within the
				Agency's specialized knowledge.
c)
				Parties shall be notified either before or during the hearing, or by reference
				in preliminary reports or otherwise, of the material officially noticed,
				including any staff memoranda or data, and they shall be afforded an
				opportunity to contest the material so noticed. (Section 12(c) IAPA)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.270 - Records in Other Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Officer shall order the
				record, or any part thereof, of any relevant proceeding before the Agency of
				governmental department or subdivision, incorporated into the record of the
				present proceeding.
b) When a party
				or intervenor desires to offer in evidence any portion of the record in any
				other proceeding, such portion shall be offered in the form of an
				exhibit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.275 - Documentary Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Relevant scientific or technical articles, treatises, or materials may be
				introduced into evidence by stipulation of the parties, or subject to
				qualification of the author and subject to refutation or disputation through
				any introduction of comparable documentary evidence or expert
				testimony.
b) Any writing or record
				made as a memorandum of any act, transaction, occurrence or event shall be
				admissible as evidence of the act, transaction, occurrence or event provided it
				was made in the regular course of the business to make such a memorandum or
				record at the time of such an act, transaction, occurrence or event or within a
				reasonable time thereafter.
c) All
				other circumstances of the making of the writing or record, including lack of
				personal knowledge by the maker, may be shown to affect its weight but shall
				not affect its admissibility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.276 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Proposed
				exhibits shall be reviewed or exchanged at the pre-hearing conference or
				otherwise prior to the hearing if the Hearing Officer so requires in order to
				expedite the proceeding.
b) The
				exhibits shall be marked for identification in accordance with the following
				standard markings:
1) P = Permit Applicant or
				Petitioner;
2) R = Respondent or
				Objector
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.280 - Transcript of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the transcript is received from the court reporter, the Hearing Officer
				will send copies of the transcript to the parties. Suggested corrections to the
				transcript of record may be offered within 10 days after the transcript is
				received by the parties.
b) Any
				person may inspect and copy the hearing record pursuant to Access to
				Information of the Illinois Environmental Protection Agency (35 Ill. Adm. Code
				160).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.285 - Proposed Finds of Fact and Conclusions of Law

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Hearing Officer finds it necessary
				in order to render a decision due to the complexity of the case, the Hearing
				Officer shall require and establish a schedule for the filing of briefs,
				proposed findings of fact and conclusions of law.
b) All proposed findings of fact and
				conclusions of law shall:
1) Be in writing and
				served upon all other parties;
2)
				Be accompanied by a supporting statement or brief; and
3) State specifically all matters officially
				noticed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.290 - Proposal for Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After the hearing is concluded, the Hearing Officer or when the Hearing Officer
				is incapacitated or otherwise unable to prepare a proposal for decision a
				designated Agency employee who has read the record shall file with the Director
				or the Director's designee and serve upon the parties a proposal for decision
				based exclusively on:
1) Evidence and
				arguments presented during the course of the hearing or otherwise made a part
				of the record;
2) Stipulations of
				fact; and
3) Matters officially
				noticed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.291 - Contents of the Record

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing record shall include:
a) A copy of the permit
				application;
b) A copy of all
				notices issued pursuant to the permit review process;
c) A copy of the draft permit, if
				any;
d) A copy of the fact sheet,
				if any;
e) A copy of the Record of
				any previous informational hearing held by the Agency on the matter.
f) All pleadings (including all notices and
				responses thereto), motions, and rulings;
g) The hearing record;
h) Evidence received;
i) A statement of matters officially noticed
				pursuant to Section
				166.265;
j) Offers of proof, objections and rulings
				theron;
k) Proposed findings and
				exceptions;
l) All staff memoranda
				or data submitted to the Hearing Officer or members of the Agency in connection
				with their consideration of the case;
m) Any stipulations, settlement agreements,
				or consent orders entered into by any of the parties prior to the
				hearing;
n) Any communication
				prohibited by Section 10-60 of the IAPA but such communications shall not form
				the basis for any finding of fact;
o) Proposed finding of fact and conclusions
				of law;
p) Proposal for decision;
				and
q) Director's Final
				Order.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.292 - Decision in Contested Case

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within ten (10) days after service of the proposal for decision, the parties
				may file with the Director exceptions and proposed findings of fact and may
				present a brief to the Director; the Director thereafter shall issue a Final
				Decision or Order.
b) The
				Director's Final Decision or Order adverse to a party in a contested case shall
				be in writing or state in the record;
1) The
				final decision shall include findings of fact and conclusions of law,
				separately stated;
2) Findings of
				fact, if set forth in statutory language, shall be accompanied by a concise and
				explicit statement of the underlying facts supporting the findings.
3) If, in accordance with Section
				166.285,
				a party submitted proposed findings of fact, the decision shall include a
				ruling upon each proposed finding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.295 - Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a party
				refuses to comply with any provision of this Subpart B or fails to comply with
				any order entered under these rules, the Hearing Officer shall enter any of the
				following orders when necessary to obtain compliance without prejudicing the
				rights of any other party:
1) That further
				proceedings be stayed until there is compliance with the order or
				rules;
2) That the offending party
				be debarred from filing any other pleading relating to any issue to which the
				refusal or failure relates;
3) That
				the offending party be debarred from maintaining any particular claim or
				defense relating to that issue;
4)
				That a witness be barred from testifying concerning that issue; and
5) That any portion of the offending party's
				pleadings relating to that issue be stricken.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.296 - Ex parte Consultations

Current through Register Vol. 48, No. 28, July 12, 2024
Agency Hearing Officers and staff shall observe the
				  requirements of Section 10+60 of the IAPA as follows:
Neither agency members, employees nor hearing examiners
				  shall, after notice of hearing in a contested case or licensing to which the
				  procedures of a contested case apply under this Act, communicate, directly or
				  indirectly, in connection with any issue of fact, with any person or party, or
				  in connection with any other issue with any party or his representative, except
				  upon notice and opportunity for all parties to participate. However, an agency
				  member may communicate with other members of the agency, and an agency member
				  or hearing examiner may have the aid and advice of one or more personal
				  assistants. (Section 10-60 IAPA)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 166 - PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS › Subpart B - CONTESTED CASE PERMIT HEARINGS › Section 166.297 - Right to Legal Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				party may appear and be heard through an attorney at law authorized to practice
				in the State of Illinois.
b) In any
				proceeding before the Agency, a natural person may appear and be heard on his
				own behalf.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart A - INTRODUCTION › Section 168.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This part shall apply to all hearings held by the Agency in
				  contested cases. This part shall be construed to secure just determinations,
				  simplicity in procedure, fairness in administration and the elimination of
				  unjustifiable expense and delay. In the absence of a dispositive rule, a
				  Hearing Officer shall proceed in any manner compatible with these
				  purposes.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart A - INTRODUCTION › Section 168.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Agency" is the Illinois Environmental Protection
				  Agency.
"APA" means the Illinois Administrative Procedure Act, (Ill.
				  Rev. Stat. 1991, ch. 127, par. 1001 et seq.), [5 ILCS
				  100/1-1 et seq.].
"Business" includes business, profession, occupation, and/or
				  calling of every king.
"Complainant" is a person who initiates an action requiring a
				  contested case hearing.
"Contested Case" means an adjudicatory proceeding, not
				  including rate making, rule-making, quasi-legislative, information or similar
				  proceedings, in which the individual legal rights, duties or privileges of a
				  party are required by law to be determined by an agency only after an
				  opportunity for a hearing. (Ill. Rev. Stat. 1983, ch. 127, par. 1003-02),
				  [5 ILCS
				  100/1-30 ]. This does not include Agency procedures
				  for permit hearings held pursuant to 35 Ill. Adm. Code 166.
"Director" is the Director of the Illinois Environmental
				  Protection Agency.
"Hearing" is a hearing held after notice to interested
				  persons or parties, which testimony is taken by oath or affirmation and a
				  verbatim record of all testimony is kept.
"Hearing Officer" is a person duly designated as a Hearing
				  Officer by the Director to preside over the hearing.
"Interested person" is any person who may be adversely
				  affected by the outcome of a hearing.
"Intervenor" is a person who is permitted to intervene as
				  provided for under Section
				  168.230 of these
				  rules.
"Party" may be a complainant, respondent, or
				  intervenor.
"Person" is any individual, partnership, co-partnership,
				  firm, company, corporation, association, joint stock company, trust, estate,
				  political subdivision, federal or state agency, or other legal entity, or their
				  legal representative, agent or assigns.
"Respondent" is a person against whom a statement of
				  noncompliance is filed or Notice directed.
"State" is the State of Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.200 - Commencement of an Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				complainant may commence a contested case by serving on all parties a statement
				of noncompliance which shall state allegations of noncompliance, set forth
				facts which constitute alleged violations of a statute or Agency rules, and
				which are the basis of the complainant's action.
b) Written response to the statement of
				noncompliance may be filed by a respondent and must be served on all parties
				within 21 days after service of the statement of noncompliance. If a respondent
				fails to respond, each alleged violation of a statute or Agency rule by the
				respondent shall be deemed to have been denied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.205 - Notice of Contested Case Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Complainant shall serve on all parties and the Hearing
				  Officer a notice of contested case hearing which shall contain:
a) A statement of the nature of the hearing
				including a reference to the particular law or regulation involved;
b) A statement of the legal authority and
				jurisdiction under which the hearing is to be held;
c) A statement of the date, time and place of
				the hearing and, if a pre-hearing conference is scheduled by the Agency, the
				date, time and place of that conference.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.210 - Appearances and Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person entitled to participate in
				hearings may appear as follows:
1) Natural
				persons may appear on their own behalf or by an attorney admitted to practice
				in the State of Illinois.
2) A
				business, non-profit or government organization may appear by any officer,
				employee or representative or may be represented by an attorney admitted to
				practice in the State of Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.215 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except for exhibits, documents shall be typewritten or printed.
b) Except for exhibits, documents shall be
				cut or folded so as not to exceed a width of 8-1/2 inches and a length of 11
				inches. Whenever practical, all exhibits of a documentary character shall
				conform to these requirements.
c)
				Documents shall clearly show the file or docket number of the proceeding and
				shall clearly describe their nature, e.g., "Petition to Intervene," "Motion,"
				"Appearance," etc.
d) Pleadings,
				written motions, and appearances shall be dated and signed and shall contain
				the name, address and telephone number of the party filing the document or, if
				represented by an attorney, the name, business address and phone number of such
				attorney.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.220 - Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
All documents required to be filed with the Hearing Officer
				  shall be addressed to the Hearing Officer at the following address:
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Attention: Agency Hearing Officer
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.225 - Service of Documents and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of pleadings, motions or other
				documents shall be made by personal delivery or by depositing in the United
				States mail, first class postage prepaid, properly addressed to the last known
				address of the party or the party's representative upon whom service is to be
				made. One copy shall be served to each other party who has filed an appearance
				and to the Hearing Officer with proof of service.
b) Proof of service shall be filed with the
				Hearing Officer before action will be taken on any pleading.
1) The proof of service shall show the date,
				time and manner of service, and may be by written acknowledgement of service,
				by certificate of the person effecting the service, or by certified mail with a
				return receipt.
2) The Hearing
				Officer shall allow the proof of service to be amended or supplied at any time
				before action is taken unless to do so would result in material prejudice to a
				party.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.230 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person
				desiring to intervene shall file with the Hearing Officer a petition to
				intervene, accompanied by any pleadings or motions the person may wish to file
				at the same time. The petition shall be served on all parties at least 15 days
				prior to the hearing, unless a different time period is allowed by the Hearing
				Officer, but in no case shall intervention be allowed less than seven days
				prior to the hearing.
b)
				Intervention shall be allowed when:
1) The
				petitioner can show an interest which may not be adequately represented by the
				parties to the proceedings; or
2)
				The petitioner may be adversely affected by the Agency's final administrative
				decision; or
3) The petitioner is
				another agency or department of the United States or the State of Illinois
				which has an interest in the subject of the hearing before the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.235 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless made
				during a hearing or the pre-hearing conference, motions shall be made in
				writing, and shall set forth the relief or order sought. Motions based on a
				matter which does not appear on record shall be supported by affidavit. Motions
				shall be ruled upon the day of such hearing or prior to such hearing after
				notice to all parties and opportunity to be heard on such motion.
b) Written motions shall be titled as to the
				party making the motion and the nature of the relief sought. Such title shall
				be in capital letters and shall be placed either below the caption or to the
				right of the caption beneath the docket number.
c) Amendments to all pleadings and motions
				and petition to intervene shall be allowed upon proper motion at any time
				during the proceeding.
d) Any party
				to a hearing may respond to any motion. Responses shall be in writing and shall
				be filed within ten (10) days of service of the motion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.240 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Computation of time shall begin with the first business day
				  following the day on which the act, event or development initiating such period
				  of time occurs. Time shall run until the end of the last day or the next
				  following business day if the last day is a Saturday, Sunday or legal holiday.
				  Where the period of time is five days or less, Saturdays, Sundays and legal
				  holidays shall always be excluded in the computation of time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.245 - Pre-Hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				pre-hearing conference may be scheduled at the Hearing Officer's discretion or
				as a result of a request by any party. This conference shall be for the purpose
				of considering:
1) The simplification of
				issues of fact and law;
2) The
				necessity or desirability of amending pleadings or documents for the purpose of
				clarification, amplification, or limitation;
3) The possibility of making admissions of
				fact or stipulations concerning the foundation for testimony or exhibits or use
				of matters of public record, to avoid unnecessary introduction of
				proof;
4) The limitation of the
				number of witnesses, including experts;
5) The usefulness of prior mutual exchange
				between or among parties of prepared testimony and exhibits; and
6) Such other matters as may aid in the
				simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.250 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Regarding any
				matter not privileged under Section 7 and 7.1 of the Environmental Protection
				Act (Ill. Rev. Stat. 1983, ch. 1111/2, pars. 1007 and 1007.1 ), the Hearing
				Officer shall order discovery upon written request of any party when the
				parties cannot agree on the legitimate scope of discovery, if the Hearing
				Officer determines that the disputed matters are relevant to the subject matter
				involved in the case. Subject to the requirements of this section, the Hearing
				Officer may order:
1) The production of the
				names and addresses of persons having knowledge of relevant facts;
2) The production of the names and addresses
				of all witnesses whom the party intends to call at the hearing and the subject
				matter of their expected testimony;
3) The taking of a deposition of any witness,
				including expert witnesses, expected to testify at the hearing;
4) The answering of the interrogatory of any
				party; and
5) The production of
				evidence within the control or possession of any party for the purposes of
				inspection, copying or duplication. This shall include the right of reasonable
				inspection of premises of any party, with protection for the party whose
				premises are to be inspected with regard to confidentiality of business
				process, manufacturing or other information held to be confidential or
				protected.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.255 - Admissions

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 21 days
				prior to a hearing, a party or the Hearing Officer, on his own motion, may
				serve on any other party a written request for the admission of the truth of
				any specified relevant fact or for admission of the genuineness of any relevant
				documents described in the request. Copies of the documents shall be served
				with the request unless copies have already been furnished.
b) Each of the matters of fact and the
				genuineness of each document of which admission is requested is admitted
				unless, within 21 days after service thereof, the party to whom the request is
				directed serves upon the party requesting the admission either:
1) A sworn statement denying specifically the
				matters of which admission is requested or setting forth in detail the reasons
				why those matters cannot be truthfully admitted or denied; or
2) Written objections on the ground that some
				or all of the requested admissions are privileged or irrelevant or that the
				request is otherwise improper in whole or in part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.260 - Authority of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Hearing Officer shall conduct a fair and impartial hearing, take all
				necessary action to avoid undue delay, maintain order, and ensure development
				of a clear and complete record.
b)
				The Hearing Officer shall have all powers necessary to these ends, including,
				but not limited to the authority to:
1)
				Direct parties and interested persons to enter their appearances on the
				record;
2) Conduct prehearing
				conferences;
3) Require oaths and
				affirmations;
4) Require production
				of documents;
5) Require attendance
				of employees of a party at a hearing upon motion and a showing by the moving
				party that employees possess knowledge of material facts;
6) Examine witnesses and interested parties
				and direct witnesses to testify;
7)
				Limit the number of times any witness or interested party may testify, limit
				repetitious or cumulative testimony;
8) The Hearing Officer on his own motion, or
				on the motion of a party, shall exclude witnesses from the hearing room until
				they are called to testify if the presence of the witnesses would be
				prejudicial to either party;
9)
				Rule or reserve ruling on the admissibility of evidence and amendments to
				pleadings;
10) Continue a hearing
				from day to day or adjourn it to a later date by announcement at the hearing or
				by written or oral notice to all parties and interested persons;
11) Impose sanctions in accordance with
				Section
				168.400; and
12) The Hearing Officer on his own motion, or
				on the motion of a party may order an expedited hearing if a showing is made
				that irreparable harm would occur and that all discovery had been
				completed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.265 - Conduct of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				testimony taken at hearings shall be under oath or affirmation.
b) All motions and objections made during a
				hearing shall be stated in writing or orally on the record, including the
				grounds for such objections. The Hearing Officer shall rule on said motions
				either in writing or orally on the record, and shall state the grounds for such
				ruling.
c) The parties shall
				proceed at all stages of the hearing including opening and closing statements,
				the offering of evidence, and examination of witnesses, in the order in which
				they appear in the pleadings unless otherwise agreed by the parties or ordered
				by the Hearing Officer pursuant to the Hearing Officer's authority under
				Section
				168.260(a).
				In consolidated cases or where intervention has been granted the Hearing
				Officer shall designate the order.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.266 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The Complainant has the burden to prove by the preponderance
				  of the evidence its allegations against the respondent.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.267 - Order of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The following shall be the order of the hearing subject to
				  modification by the Hearing Officer if the Hearing Officer determines that such
				  modification would avoid undue delay and would not prejudice the rights of any
				  party.
a) Presentation, argument, and
				disposition of motions preliminary to a hearing on the merits of the matters
				raised in the complaint;
b)
				Presentation of opening statements;
c) Complainant's case in chief;
d) Respondent's case in chief;
e) Intervenor's case in chief;
f) Complainant's case in rebuttal;
g) Complainant's opening argument, which may
				include legal argument;
h)
				Respondent's closing argument, which may include legal argument;
i) Intervenor's closing argument, which may
				include legal argument;
j)
				Complainant's closing argument, which may include legal argument;
k) Presentation and argument of all motions
				prior to submission of the transcript to the Hearing Officer; and
l) A schedule for submission of briefs to the
				Hearing Officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.270 - Rules of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The
				rules of evidence and privilege as applied in civil cases in the circuit courts
				of Illinois shall be followed. However, evidence not admissible under such
				rules of evidence may be admitted, except where precluded by statute, if it is
				of a type commonly relied upon by reasonably prudent persons in the conduct of
				their affairs.
b) Objections to
				evidentiary offers may be made and shall be noted in the record.
c) When a Hearing is expedited and the
				interests of the parties will not be prejudiced, any part of the evidence may
				be received in written form.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 168 - PROCEDURES FOR CONTESTED CASE HEARINGS › Subpart B - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 168.275 - Testimony and Cross-Examination of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written narrative testimony may be
				introduced by a party in a hearing only if provided to all other parties of
				record prior to the date of the hearing and only after the opposing parties
				have had an opportunity to object to all or portions of the written testimony
				and to obtain a ruling on said objections prior to its introduction. The person
				whose testimony is submitted shall be available at the hearing for
				cross-examination.
b) All parties
				may cross-examine any other party's witness. The scope of cross-examination
				shall be defined by the scope of direct examination.
c) Employees of one party required by order
				of the Hearing Officer to attend a hearing may be examined as if under
				cross-examination.
d) If the
				Hearing Officer determines that a witness is hostile or unwilling, the party
				calling the witness may examine the witness as if under
				cross-examination.
e) Questions
				calling for an opinion of an expert witness need not be hypothetical in
				form.