reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Commerce and Economic Opportunity recognizes
				that renewable fuels produced from Illinois agricultural products will enhance
				the economy of Illinois, expand rural economic development, reduce the nation's
				dependence on foreign oil supplies, and improve the environment by reducing
				harmful emissions from vehicles. In 2003, factors such as the electric blackout
				in the northeastern United States, the electricity crisis affecting California
				and other western states, instability in the Middle East, and extraordinarily
				high gasoline prices have created a situation in which renewable forms of
				energy must be utilized in order for both the Illinois economy and national
				economy to grow.
Reliable supplies of renewable fuels will be integral to the
				long term energy security of the United States [20 ILCS
				689/5 ]. Illinois is the largest producer of soybeans
				in the United States and ranks second in annual corn production. Illinois is
				also the leading producer of ethanol and biodiesel in the nation, with an
				ethanol production capacity of approximately 800 million gallons per year.
				Accordingly, the Illinois Department of Commerce and Economic Opportunity
				administers the Illinois Renewable Fuels Development Program, which will offer
				grants to new and existing ethanol and biodiesel production facilities in
				Illinois. Implementation of the Program is intended to reduce costs for ethanol
				production facilities, stimulate the agricultural sector of Illinois' economy,
				encourage the use of renewable fuels as alternatives to the nation's reliance
				on fossil fuels, and reduce global warming emissions. New and expanded
				renewable fuel production facilities will expand local economies, create
				permanent jobs, generate revenue for the State of Illinois, and increase
				revenue for local grain farmers.
When awarding public funds for public works projects, the State
				of Illinois has a compelling interest in ensuring that the highest standards of
				quality and efficiency are applied to the project. Project labor agreements
				provide the State of Illinois with a guarantee that specific public works
				projects will be completed with highly skilled workers, and also functions as a
				means to provide for peaceful, orderly and mutually binding procedures for
				resolving labor issues. Accordingly, recipients of renewable fuel development
				grants will be required to enter into project labor agreements establishing
				wages, benefits and other provisions pertaining to labor organization
				employees. This requirement does not prohibit the construction of renewable
				fuel production facilities in Illinois that are undertaken without a project
				labor agreement.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.30 - Allocation of Appropriations

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to appropriation, the Director is authorized to award
				grants for projects approved pursuant to this Part. An approved project is
				eligible for only one grant per fiscal year from the Renewable Fuels
				Development Program. A project means either the construction of a new facility
				where such production did not previously exist or an expansion to increase the
				capacity of an existing production facility, as described in the application
				approved and funded by the Department through this program. Further, a facility
				receiving a grant for new construction or a plant expansion in one fiscal year
				may be eligible for a grant for expansion of the capacity of that facility in
				another fiscal year.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.40 - Project Eligibility Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In order to be eligible for funding under the program, the
				proposed project must meet all of the following criteria:
a) the project must be physically located in
			 the State of Illinois;
b) the
			 project must be either a plant construction project or a plant expansion
			 project; new construction must consist of 30 million gallons or more;
c) the owner must commit to entering into a
			 Project Labor Agreement covering the project that is compliant with the
			 provisions of Section
			 130.60;
d) the owner must commit to securing all
			 financing (debt and equity) necessary to complete the project; and
e) The owner must commit to using Illinois
			 agricultural products as the primary source in the renewable fuels production
			 process.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.50 - Eligible Uses of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
Program grant proceeds may be expended solely for costs
				incurred, including labor and other bondable expenses, that are directly
				related to capital facilities consisting of buildings, structures and durable
				equipment in connection with an approved plant construction or plant expansion
				project. Grant funding may not be used for administrative expenditures,
				including labor such as architectural and engineering fees, that are not
				related to the project.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.60 - Project Labor Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 Project Labor Agreement for the plant construction or plant expansion to be
			 funded through the Renewable Fuels Development Program must include the
			 following:
1) provisions setting forth
			 established standard hourly wages for each class of labor organization
			 employee;
2) provisions setting
			 forth area standard benefits and other compensation for each class of labor
			 organization employee;
3)
			 provisions establishing that no strike, job interruption, or delay will be
			 engaged in by the covered employees;
4) provisions setting forth effective,
			 immediate, and mutually binding procedures for resolving jurisdictional labor
			 disputes and grievances arising before the completion of work;
5) provisions ensuring a reliable source of
			 skilled and experienced labor;
6)
			 provisions to further public policy objectives as to improved employment
			 opportunities for minorities and women in the construction industry to the
			 extent permitted by State and federal law;
7) provisions to permit the selection of the
			 most qualified lowest responsible bidder, without regard to union or non-union
			 status at other construction sites;
8) provisions to bind all contractors and
			 subcontractors on the project through the inclusion of appropriate bid
			 specifications in all relevant bid documents;
9) the names, addresses, and occupations of
			 the owner of the plant and the individuals representing the labor organization
			 employees participating in the Project Labor Agreement.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.70 - Form of Application

Current through Register Vol. 48, No. 28, July 12, 2024
The grant application package must include all of the following
				materials/information:
a) Application
			 cover page (Appendix A);
b)
			 Application form (Appendix B);
c)
			 Projected Energy Use by Type form (Appendix C);
d) Narrative description of the proposed
			 project, including:
1) Plant description. A
			 description of the proposed construction or expansion project, including a
			 description of the scope and nature of the plant, a description of equipment,
			 technologies and processes used; a description of the renewable fuels
			 production capacity; a description of the amounts, types and sources of
			 Illinois agricultural products used as feedstock in the project; a location map
			 showing project site and connections to existing transportation routes; and a
			 description of all permits, contracts or other agreements necessary to complete
			 the project. If the applicant does not have all relevant or necessary operating
			 permits, identification of the status of any permit applications and
			 anticipated date of permit issuance should be included in the narrative, in
			 addition to the date that any required contracts or agreements will be
			 executed.
2) Project benefits.
			 Economic justification for the project that includes a summary of the social or
			 economic benefits of the project to Illinois; identification of those
			 communities, businesses, and other entities likely to benefit from the project;
			 identification of employment impacts, such as number and type of permanent jobs
			 created or retained by the project itself (i.e., non-construction jobs) and
			 projected payrolls; and the existing and or new agricultural commodity and
			 renewable fuel markets that would be affected by the project.
3) Project costs and schedule. A project
			 budget and time schedule for completion of the project and for major project
			 components. Direct material and labor costs associated with construction must
			 be defined and itemized in the proposal. For instance, proposals should include
			 specific line item budget amounts for equipment such as fermenters,
			 grain-storage, dryer systems, tanks, and centrifuges, not simply reference to
			 broad categories such as structures, mechanical, electrical, etc.
4) Ownership disclosure. Identification by
			 name of those individuals or entities with 10% or more ownership of the plant
			 that is the subject of the project.
5) Performance disclosure. As asserted
			 against the owner, or any parent organization or holding company,
			 identification of all pending or unresolved violations of state or federal laws
			 or regulations that could result in legal or regulatory impact on the operation
			 of the project;
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.80 - Application Submittal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applications to the program for grant funds may be submitted to the Department
			 at any time in accordance with this Part, or pursuant to the time frame
			 specified in a formal Request for Proposals issued by the Department.
b) One original and five copies of each grant
			 application shall be submitted to Illinois Renewable Fuels Development Program,
			 Bureau of Energy and Recycling, Illinois Department of Commerce and Economic
			 Opportunity, 620 East Adams Street, CIPS-5, Springfield IL 62701-1615.
			 Applications submitted by e-mail or facsimile are not acceptable unless the
			 Department specifically requests additional information and/or materials to be
			 submitted by the applicant.
c) The
			 Department may require applications to be clarified or supplemented through
			 additional written submissions or oral presentations.
d) Information submitted that could
			 reasonably be considered to be proprietary, privileged, or confidential
			 commercial or financial information should be identified as such in the
			 application. The Department will maintain the confidentiality of that
			 information to the extent permitted by law.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.90 - Application Evaluation Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will evaluate complete
			 proposals in the following manner: proposals will be evaluated to determine
			 whether the proposed project meets the project eligibility criteria specified
			 in Section
			 130.40 and to
			 determine whether, based on the information supplied in the application
			 documentation, the proposal demonstrates that:
1) the project is economically
			 viable;
2) the project is
			 technically viable; and
3) the
			 Project will result in economic development benefits to the State.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.100 - Grant Award Evaluation Criteria and Funding Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
The Department staff shall utilize the following award
				evaluation criteria to determine the award amount for any grant to be
				recommended to the Director:
a)
			 General Award Evaluation Criteria.
1)
			 Cooperative ownership share of the project.
2) The size (total new biofuels production
			 capacity) of the project.
3) The
			 volume of usage of Illinois agricultural products in the production of
			 renewable fuels at the facility.
4)
			 The number of permanent new jobs created.
5) The local or regional economic need for
			 the project.
6) The current local
			 base prices for corn and soybeans in the project area.
7) The use of new process technologies, new
			 energy efficiency or energy production technologies, other new technologies
			 designed to reduce production costs or increase profitability of the facility,
			 or the production of new value-added by-products.
8) In addition to the criteria listed in this
			 subsection (a), the Department may consider one or more of the following
			 factors when evaluating an application, if the Department determines it to be
			 in the best interest of the State of Illinois:
A) the applicant is considering at least one
			 neighboring state for the project and could reasonably and efficiently locate
			 the project outside of Illinois;
B)
			 receipt of the award is a major factor in the applicant's decision to locate
			 the project in Illinois and that, without the award, the applicant likely would
			 not create new jobs in Illinois; or
C) approval of the award would support a
			 business with potential to generate additional growth in the area and create
			 jobs as a result of spin-off businesses.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.110 - General Program Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Reporting requirement. Recipients will be required to submit Monthly Progress
			 Reports to the Department during the grant term, including information on the
			 number of jobs created or retained. Recipients shall also be required to
			 provide production data/records for the performance period specified by the
			 Department. The grant term/performance period will be determined on a project
			 specific basis.
b) Disbursement of
			 grant funds. Notwithstanding selection for a grant award pursuant to this Part,
			 disbursement of grant funds is contingent upon the following requirements:
1) Submission of a fully executed grant
			 agreement;
2) Submission of a fully
			 executed Project Labor Agreement for the construction of the project;
3) Submission of evidence of a commitment
			 from a primary lender for all financing necessary to complete the project, or
			 evidence that the grantee has secured other means of financing.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.120 - Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 grant has been awarded, the grantee and the Department shall execute an
			 agreement. The agreement shall be executed between the grantee and the Director
			 or the Director's designee on behalf of the Department.
b) The agreement shall contain substantive
			 provisions, including, but not limited to, the following:
1) A recitation of legal authority pursuant
			 to which the agreement is made;
2)
			 An identification of the project scope and schedule and the work or services to
			 be performed or conducted by the grantee;
3) An identification of the grant
			 amount;
4) The conditions and
			 manner in which the Department shall pay the grant amount, subject at all times
			 to annual appropriation by the General Assembly;
5) A promise by the grantee not to assign or
			 transfer any of the rights, duties or obligations of the grantee without the
			 written consent of the Department;
6) A promise by the grantee not to amend the
			 agreement without the written consent of the Department. Failure to do so will
			 result in a cost disallowance. The project must be completed by the completion
			 date in the agreement unless a written request for an extension is submitted no
			 later than 30 days prior to the award completion date;
7) A covenant that the grantee shall expend
			 the grant amount and any accrued interest only for the purposes of the project
			 as stated in the agreement and approved by the Department; and
8) A covenant that the grantee shall refrain
			 from entering into any written or oral agreement or understanding with any
			 party that might be construed as an obligation of the State of Illinois or the
			 Department for the payment of any funds under the Act.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Section 130.130 - Administrative Requirements for Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Termination of grant. Grants shall be
			 terminated for the following reasons:
1)
			 Termination due to loss of funding. In the absence of State funding for a
			 fiscal year, all grants for that year will be terminated in full. In the event
			 of a partial loss of State funding, the Department will make proportionate cuts
			 to all grantees. In the event the Department suffers such a loss of funding in
			 full or part, the Department will give the grantee written notice setting forth
			 the effective date of full or partial termination or, if a change in funding is
			 required, setting forth the change in funding and changes in the approved
			 budget.
2) Termination for cause.
A) If the Department determines that the
			 grantee has failed to comply with the terms and conditions of the grant, the
			 Department shall terminate the grant in whole, or in part, at any time before
			 the date of completion. Circumstances that will result in the termination of a
			 grant include, but are not necessarily limited to, the following: consistent
			 failure to submit required reports; failure to maintain required records;
			 evidence of fraud and abuse; and consistent failure to meet performance
			 standards. These circumstances are explained in the agreement.
B) The Department shall notify the grantee in
			 writing, within 10 working days after the determination to terminate, of the
			 reasons for the termination and the effective date of the termination. Payments
			 made to the grantee or recoveries by the Department shall be made in accordance
			 with legal rights and liabilities expressed in the agreement.
3) Termination for convenience.
			 The Department may terminate the grant upon its determination that continuation
			 of the project is not in the best interest of the State such that it would
			 justify further expenditure of public funds. The grantee shall not incur new
			 obligations for the terminated portion after the effective date and shall
			 cancel as many outstanding obligations as possible. The Department shall allow
			 full credit to the grantee for the Department's share of the noncancelable
			 obligations properly incurred by the grantee prior to termination.
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Appendix A - Renewable Fuels Development Program Application Cover Sheet

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Department of Commerce &
				Economic Opportunity
Bureau of Energy & Recycling -
				Alternative Energy Development Section
Renewable Fuels Development
				Program
Application Cover Sheet
Applicant Name
FEIN No.
Applicant Address (including 9 digit zip code)
Project Address (if different from above)
County of Project
Project Manager (Please Type)
Phone
Fax
Type of Biofuels Project: New Construction Alteration
				Modification Retrofit
Legal Organizational Status
Owner of Sole Proprietorship
LLC
Partnership
Corporation
Cooperative
Other
Funding:
Total Grant Request:
$
Total Project Cost:
$
Applicant Certifications - The applicant certifies that:
* This project complies with all applicable State,
				federal, and local environmental and zoning laws, ordinances and regulations
				and that all required licenses, permits, etc., have either been obtained or
				will be obtained no later than 90 days following the grant award from
				DCEO;
* It is not in violation of the prohibitions against
				bribery of any officer or employee of the State of Illinois as set forth in 30
				ILCS 505/10.1;
* It has not been barred from contracting with a
				unit of State or local government as a result of a violation of Section 33E-3
				or 33E-4 of the Criminal Code of 1961 [720 ILCS 5/33E-3 and 33 E-4];
* It is not in violation of the Educational Loan
				Default Act [5 ILCS 385 ];
* As of the submittal date, the information provided
				in this application is accurate and the individuals signing below are
				authorized to submit this application;
* It will enter into a Project Labor Agreement
				covering the project that is compliant with the provisions of the Renewable
				Fuels Development Program;
* It will commit to securing all debt and equity
				financing necessary to complete the project; and It will commit to using
				Illinois agricultural products as the primary source in the renewable fuels
				production process.
________________________
________________________
Authorized Official (signature)
Title
________________________
________________________
Printed Name
Date
Illinois Administrative Code › Title 32 - ENERGY › Part 130 - ILLINOIS RENEWABLE FUELS DEVELOPMENT PROGRAM › Appendix C - Projected Energy Use By Type Information Form

Current through Register Vol. 48, No. 28, July 12, 2024
Projected Energy Use By Type Information
				Form
For plant expansions, include both current
				consumption and projected consumption per the proposed improvements
Electricity
Monthly Estimated Total Usage:
___________kWh
a. Estimated electricity to be
						  purchased:
%
b. Estimated electricity to be generated on
						  site:
%
c. Estimated electricity consumption per
						  gallon of biofuels production:
______
Natural Gas
Monthly Estimated Total Usage:
__________Therms
a. Estimated use for process heat:
__________Therms
b. Estimated use for electric power
						  generation:
__________Therms
c. Estimated gas consumption per gallon of
						  biofuels production:
__________
Coal
Monthly Estimated Total Usage:
__________Tons
a. Estimated use for process heat:
__________Tons
b. Estimated use for electric power
						  generation:
__________Tons
c. Estimated coal consumption per gallon of
						  biofuels production:
__________
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.10 - Scope and Nature of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority and Scope
1) Authority. This Part
			 is promulgated pursuant to Section 5-10(a) of the Illinois Administrative
			 Procedure Act (IAPA) [5 ILCS
			 100/5-10 ].
2) Scope. This Part shall govern the
			 proceedings of any adjudicatory administrative hearing of the Illinois
			 Emergency Management Agency (Agency), except as otherwise specifically provided
			 by statute or regulation.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.20 - Appearance - Right to Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Agency shall allow only attorneys licensed and registered to practice in this
			 State to appear before it in administrative hearings, except that a natural
			 person may appear on his or her own behalf. [420
			 ILCS 40/18 ]
b) Each party to a proceeding before the
			 Agency shall inform the Agency in writing of the name and address to which any
			 notice or other document should be served. Attorneys representing a party must
			 enter an appearance prior to the hearing.
c) All persons appearing in proceedings
			 before the Agency shall conform to the standards of conduct of attorneys before
			 the courts of the State of Illinois (RPC Rule 3.3 ). If a person fails to
			 conform to these standards, and the failure delays or disrupts the proceeding,
			 the Agency or the hearing officer shall have the authority to prohibit that
			 person from appearing in the proceeding.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.30 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties to
			 administrative hearings before the Agency are the Agency and the
			 Respondent.
b) A Respondent is a
			 person or entity against whom a Preliminary Order and Notice of Opportunity for
			 Hearing or a denial of licensure is issued by the Agency.
c) Misnomer of a party is not a ground for
			 dismissal. The name of any party may be corrected at any time.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.40 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
			 pleadings, motions or other documents filed in any proceeding shall be
			 typewritten. Copy shall be on one side of the paper and shall be double spaced,
			 except that quotations may be single spaced and indented. Reproductions of any
			 documents to be incorporated into the record may be made by any process that
			 produces legible black on white copies.
b) Written pleadings, motions or other
			 documents filed in any proceeding shall be cut or folded to a width of 81/2
			 inches and a length of 111/2 inches and shall have inside margins of no less
			 than one inch width.
c) Written
			 pleadings, motions, or other documents shall be signed in ink with the name and
			 address of the party filing the paper and, if represented by an attorney, the
			 name and address of the attorney.
d) Written pleadings, motions, affidavits,
			 and other documents shall be filed with the Agency and one copy shall be served
			 on each party to the proceeding.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.50 - Notice, Service and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The hearing officer and all parties to the proceedings shall be served all
			 pleadings, motions, notices and other documents filed by any party. Proof of
			 service on all parties shall be filed with the hearing officer.
b) Any Order or Notice issued by the Agency
			 shall either be served personally or by registered or certified mail on the
			 Respondent.
c) All other pleadings
			 and other documents shall be served personally or by first class United States
			 mail properly addressed, with postage prepaid, to each party to the
			 proceeding.
d) When any party or
			 parties have appeared by attorney, service upon the attorney shall be deemed
			 service upon the party or parties.
e) Proof of service of any paper shall be by
			 certificate of attorney, affidavit or acknowledgement, or certified or
			 registered mail receipt.
f)
			 Wherever notice or notification is indicated or required, it shall be effective
			 upon the date of mailing to the party's last address on file with the Agency.
			 Orders and notices sent by certified or registered mail to the party's last
			 address on file with the Agency that have been returned to the Agency as
			 unclaimed or refused by the addressee shall be considered served.
g) In addition to the methods provided for in
			 this Part, a Respondent may be served in any manner permitted by law.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.60 - Preliminary Order and Notice of Opportunity for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event that a person has violated or
			 is alleged to have violated the statutes, regulations or terms of licensure or
			 accreditation, the Agency shall commence administrative proceedings by the
			 service of a Preliminary Order and Notice of Opportunity for Hearing upon the
			 Respondent.
b) The Preliminary
			 Order and Notice of Opportunity for Hearing shall contain:
1) A statement of the legal authority and
			 jurisdiction under which a hearing would be held;
2) A reference to the provisions of the
			 statutes, regulations or terms of licensure or accreditation
			 involved;
3) A short and plain
			 statement of the matters asserted, including dates, location, events, nature,
			 extent, and duration, to advise the Respondent of the extent and nature of the
			 alleged violations;
4) A statement
			 of the right to request a hearing and the date that a request for a hearing is
			 to be submitted to the Agency, which shall be at least 10 days from the date of
			 the Preliminary Order;
5) The time,
			 date and location when the hearing will be held, if one is requested;
			 and
6) A statement of the actions
			 that will be taken by the Agency in the event that a hearing is not requested
			 by the Respondent.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.70 - Right to Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event
			 that the Respondent seeks a hearing pursuant to matters raised in a Preliminary
			 Order issued in accordance with Section
			 200.60,
			 the Respondent must submit a request for a hearing by the date specified in the
			 Preliminary Order. In the event that a person seeks a hearing pursuant to the
			 denial of an application for licensure or accreditation or the denial of
			 reinstatement of licensure or accreditation by the Agency, the person must
			 submit a request for a hearing within 30 days after the denial.
b) This request must be in writing and must
			 contain a brief statement of the basis upon which the Agency's Preliminary
			 Order or denial of licensure or accreditation is being challenged.
c) If the request is not submitted by the
			 date required in accordance with subsection (a), or if the request is submitted
			 but later withdrawn, the actions proposed by the Agency in the Preliminary
			 Order or denial of licensure or accreditation shall be a final and binding
			 administrative determination subject to the Administrative Review
			 Law.
d) Upon notice from the Agency
			 that a Respondent is required to have an attorney pursuant to
			 420
			 ILCS 40/18, the Respondent's attorney shall have 30
			 days to enter an appearance with the Agency. If no such appearance is filed,
			 the hearing request will be considered withdrawn and the Preliminary Order or
			 denial of licensure shall be a final and binding administrative determination
			 subject to the Administrative Review Law.
e) No final decision shall be made or action
			 taken by the Agency until the Respondent has had an opportunity to request a
			 hearing and, if requested, a hearing has been held, except that, in cases in
			 which there is an immediate threat to public health or safety, the Agency may
			 take action to immediately enjoin the threat pending a hearing. The hearing
			 shall be held within 30 days after the Agency's action [420
			 ILCS 40/38(a) ].
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.80 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing officer may allow oral motions and responses on
				emergency or purely procedural questions or for good cause shown. Emergency and
				procedural motions will be ruled upon when made. Other motions, such as motions
				to dismiss, etc., will not be ruled upon by the hearing officer but will be
				considered by the hearing officer in preparation of the written report and will
				be submitted to the Director for a decision.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.90 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
A party shall be granted one continuance of up to 14 days on
				request or as agreed to by all parties. Any other requests for a continuance
				will be granted only for good cause shown. In determining good cause, factors
				that the hearing officer may consider shall include the inability to produce a
				material witness or evidence, surprise, required attendance of legal counsel
				elsewhere, illness or death of a party or witness, and substitution of an
				attorney.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.100 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 Preliminary Order and Notice of Opportunity for Hearing is issued and a hearing
			 is requested, the Director of the Agency shall designate a hearing officer to
			 preside at the formal administrative hearing.
b) The appointed hearing officer shall not
			 have direct involvement with the case or have an interest in the decision to be
			 reached. Mere familiarity with the facts shall not disqualify a hearing
			 officer.
c) The hearing officer
			 shall have the duty to conduct a fair hearing, to maintain order, to ensure
			 development of a clear and complete record, and to submit a written report to
			 the Director for the Director's decision.
d) In addition to other authority provided in
			 this Part, the hearing officer shall have the authority to:
1) Direct the parties to meet in an informal
			 conference in accordance with Section
			 200.120;
2) Administer oaths;
3) Receive evidence and rule upon the
			 admissibility of oral testimony and other evidence;
4) Examine witnesses for the purpose of
			 clarifying the record;
5) Consider
			 and rule upon motions in accordance with Section
			 200.80.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.120 - Informal Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 request of any party or on the hearing officer's own motion, the hearing
			 officer shall have the authority to direct the parties to appear at a specified
			 time and place for a conference, prior to or during the course of the hearing,
			 for the purpose of:
1) simplifying the
			 issues;
2) amending the pleadings
			 for clarification, amplification, or limitation;
3) making admissions of fact or stipulating
			 to the admissibility of evidence;
4) limiting the number of
			 witnesses;
5) exchanging witness
			 lists and prepared testimony and exhibits;
6) aiding in the simplification of the
			 evidence and disposition of the proceedings; or
7) stipulation and settlement concerning
			 matters relating to confidential information, e.g. privileged medical records
			 and commercial trade secrets or financial information the disclosure of which
			 could cause competitive harm.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.130 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless
			 closing the hearing is necessary to preserve the confidentiality of medical
			 records, or the confidentiality of trade secrets or financial information the
			 disclosure of which could cause competitive harm, hearings shall be open to the
			 public. If matters of confidentiality are involved, the hearing officer shall
			 have the authority to close all or a portion of the hearing to the
			 public.
b) The hearing officer
			 shall direct all parties to enter their appearances on the record. All
			 witnesses shall be sworn.
c) The
			 hearing officer shall inquire fully into the matters at issue and shall receive
			 testimony of witnesses and any other evidence that is relevant and material to
			 the issues presented. The following shall be the usual order of administrative
			 hearings, unless the hearing officer decides otherwise:
1) presentation, argument, and disposition of
			 preliminary motions in accordance with Section
			 200.80;
2) presentation of opening
			 statements;
3) Agency's case in
			 chief;
4) Respondent's case in
			 chief;
5) Agency's case in
			 rebuttal;
6) Respondent's case in
			 rebuttal;
7) presentation of
			 closing arguments, including legal arguments.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.140 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to the hearing or before completion of the
				hearing, amendments shall be allowed for good cause shown to introduce any
				party who ought to have been joined, to dismiss any party, or to delete, modify
				or add allegations or defenses. In the event of a change in parties or a
				substantive amendment to the allegations or defenses immediately preceding or
				during the hearing, any remaining party may request that the hearing be
				suspended. Upon a request, the hearing officer shall suspend the hearing for up
				to 14 days or as agreed to by all parties to provide an opportunity for the
				parties to respond to the changes in parties or substantive amendments that are
				introduced immediately preceding or during the hearing.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.150 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The burden
			 of proof shall be on the Agency, unless the matter at issue is the denial of an
			 application for licensure or accreditation, or an application for reinstatement
			 of licensure or accreditation that has been previously revoked, suspended, or
			 otherwise terminated. In such cases, the burden of proof shall be on the
			 Respondent.
b) In the case of any
			 new matter introduced in connection with any affirmative defense, the burden of
			 proof shall be upon the party that alleges the new matter.
c) The standard of proof with respect to all
			 hearings conducted pursuant to this Part shall be a preponderance of the
			 evidence.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.160 - Witnesses at Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 hearing officer or the official reporter may administer oaths to
			 witnesses.
b) Both the hearing
			 officer and the parties or their representatives may examine
			 witnesses.
c) A party may conduct
			 examination and cross-examination that is shown to be necessary to a full and
			 fair disclosure of facts bearing upon matters in issue, provided that the
			 examination or cross-examination does not abuse or harass a witness.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.170 - Evidence at Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 the hearing results from the denial of an application for licensure or
			 accreditation, or denial of an application for reinstatement of licensure or
			 accreditation, the Respondent shall have the right to introduce evidence at the
			 hearing that was not made available to the Agency at the time the application
			 was denied. If the hearing officer determines that the additional evidence
			 could have affected the Agency's decision to deny the application, the hearing
			 officer shall suspend the hearing to enable appropriate representatives of the
			 Agency to consider this additional evidence and to decide whether the decision
			 to deny the application should be modified or reversed.
b) 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 this State shall be followed.
			 However, evidence not admissible under those rules of evidence may be admitted
			 (except where precluded by statute) if it is of the type commonly relied upon
			 by reasonably prudent persons in the conduct of their affairs. When the
			 admissibility of evidence is in dispute and depends upon fairly arguable
			 interpretations of law, the evidence shall be admitted. Objections to
			 evidentiary offers may be made and shall be noted in the record. Subject to
			 these requirements, when a hearing will be expedited and the interests of the
			 parties will not be prejudiced, any part of the evidence may be received in
			 written form. Any party may submit evidence in rebuttal.
c) Accurate summaries of voluminous documents
			 may be admitted into evidence. The document summarized need not itself be
			 admitted into evidence. Copies of the document need not be provided so long as
			 all parties are accorded a reasonable opportunity to inspect the document
			 summarized.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.180 - Cross-Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the
			 evidentiary requirements, a party may conduct cross-examination required for a
			 full and fair disclosure of the facts.
b) If the hearing officer determines that a
			 witness is hostile or unresponsive, the hearing officer shall authorize the
			 examination by the party calling the witness as if under
			 cross-examination.
c) Any party may
			 call any adverse party as a witness and proceed to examine that adverse party
			 as if under cross-examination except that, if the Respondent wants to call a
			 representative of the Agency as an adverse witness, he/she may do so only if
			 the representative was directly involved in the determinations that served as
			 the basis for the Agency's Preliminary Order under this Part.
d) Any party calling a witness, upon a
			 showing that he/she called the witness in good faith and is surprised by the
			 testimony of the witness, may impeach that witness by evidence of prior
			 inconsistent statements.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.190 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Official
			 notice may be taken of:
1) Matters of which
			 the Circuit Courts of this State may take judicial notice; and
2) Generally recognized technical or
			 scientific facts within the Agency's specialized knowledge.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.200 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
Except for good cause show, the failure of a party to appear on
				the date set for hearing or failure to proceed as ordered by the hearing
				officer or Director shall constitute a default. The Director shall thereafter
				enter such order as appropriate, in accordance with the Preliminary Order,
				pleadings and the evidence introduced at the hearing, if any.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.210 - Hearing Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency
			 shall designate an official reporter to make and transcribe a stenographic
			 record of the adjudicatory proceedings.
b) A complete record of the hearing shall
			 include:
1) all pleadings (including all
			 notices, responses, motions, and rulings);
2) evidence received;
3) a statement of matters officially
			 noticed;
4) offers of proof,
			 objections and rulings on objections;
5) proposed findings and
			 exceptions;
6) any recommended
			 decision, opinion or report by the hearing officer;
7) staff memoranda or data submitted to the
			 hearing officer or the Agency in connection with the consideration of the case;
			 and
8) any ex-parte communication
			 as defined by the Illinois Administrative Procedure Act. The communication
			 shall not form the basis for any finding of fact.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.220 - Hearing Officer's Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
			 soon as practicable after the close of a hearing, the hearing officer shall
			 prepare a written report of the case, which shall be based upon the evidence
			 adduced at the hearing or otherwise included in the record. The written report
			 shall contain findings of fact, a recommended decision and the reasons for the
			 decision.
b) This report shall be
			 submitted to the Director. The hearing officer shall also send a copy of the
			 report to the Respondent or his/her counsel and to the Agency's counsel. Both
			 the Respondent and the Agency's counsel may file written exceptions with the
			 Director within 10 days.
Illinois Administrative Code › Title 32 - ENERGY › Part 200 - ADMINISTRATIVE HEARINGS › Section 200.230 - Final Decision of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Director shall reach a final decision in each proceeding that shall be
			 specified in a written order including findings of fact and conclusions of law
			 separately stated. Findings of fact, if set forth in statute language, shall be
			 accompanied by a concise and explicit statement of the underlying facts
			 supporting the findings.
b) A copy
			 of the Final Decision of the Director shall be served personally or by
			 certified or registered mail upon all parties to the proceeding.
c) The decision of the Director shall be
			 considered a final and binding administrative order subject to the
			 Administrative Review Law.
Illinois Administrative Code › Title 32 - ENERGY › Part 310 - GENERAL PROVISIONS FOR RADIATION PROTECTION › Section 310.10 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise specifically provided, this Part applies to
				all persons who receive, possess, use, transfer, own or acquire any source of
				radiation within the State of Illinois; provided, however, that nothing in this
				Part or 32 Ill. Adm. Code 320, 326, 330, 331, 332, 335, 340, 341, 346, 350,
				351, 400, 401, 405 or 601 shall apply to any person to the extent such person
				is subject to regulation by the U.S. Nuclear Regulatory Commission
				(NRC).
AGENCY NOTE: Regulation by the State of source material,
				  byproduct material and special nuclear material in quantities not sufficient to
				  form a critical mass is subject to the provisions of an agreement between the
				  State and the NRC and to 10 CFR 150 of NRC's
				  regulations.
Illinois Administrative Code › Title 32 - ENERGY › Part 310 - GENERAL PROVISIONS FOR RADIATION PROTECTION › Section 310.15 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
All rules, standards and guidelines of agencies of the United
				States or nationally recognized organizations or associations that are
				incorporated by reference in this Part are incorporated as of the date
				specified in the reference and do not include any later amendments or editions.
				Copies of rules, standards and guidelines that have been incorporated by
				reference are available for public inspection and copying at the Illinois
				Emergency Management Agency, 1035 Outer Park Drive, Springfield,
				Illinois.