reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"Act" means the Boiler and Pressure Vessel Repairer Regulation
				Act [ 225 ILCS 203 ].
"Board" means the Board of Boiler and Pressure Vessel
				Rules.
"Boiler and Pressure Vessel Repairer" means an organization
				performing any welding on boilers and pressure vessels that affects pressure
				retaining boundaries and includes, but is not limited to, repairs and
				alterations as defined in 41 Ill. Adm. Code 2120. However, an organization that
				performs welding to its own equipment and is authorized pursuant to 41 Ill.
				Adm. Code 2120.1010 is not required to have a license.
"Certificate of Registration" means a license issued under this
				Part prior to July 1, 2011.
"License" means the license issued to a qualified organization
				by OSFM pursuant to the Act.
"Managerial Control" means having authority to conduct the
				affairs of the organization and direct others in the conduct of the affairs or
				business of the organization.
"Organization" means a business or other entity, including, but
				not limited to, a sole proprietorship, partnership, corporation or association
				and includes units of local government and the State of Illinois.
"OSFM" means the Office of the State Fire
				Marshal.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.20 - Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 organization is a sole proprietorship, the owner of the organization or any
			 person exercising managerial control shall be considered an officer.
b) If the organization is a partnership, any
			 partner who has at least 10% ownership interest or any partner who exercises
			 managerial control shall be considered an officer.
c) If the organization is a corporation, any
			 officer or director of the corporation or any person who has at least 10%
			 ownership interest in the corporation or who exercises managerial control shall
			 be considered an officer.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.30 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 applications for a license as a boiler or pressure vessel repairer, whether
			 located in Illinois or out-of-state, shall be submitted to OSFM, on forms
			 provided by OSFM, and shall include all the information required by this
			 Section.
1) Organizations that desire to
			 practice boiler or pressure vessel repairs in this State, in accordance with
			 Section 40 of the Act, shall file an application with OSFM, on forms provided
			 by OSFM, together with the following:
A) A
			 valid Certificate of Authorization to use the "R" Repair Symbol Stamp issued by
			 the National Board of Boiler and Pressure Vessel Inspectors;
B) The name and address of all officers (as
			 defined in Section 2121.20 ) of the boiler or pressure vessel repairer. The
			 address shall be an actual street address and shall include the city, state and
			 zip code. A post office box number is not acceptable as an address;
C) If an assumed name is to be used, a copy
			 of the assumed name certificate; and
D) A Certificate of Insurance in the amount
			 of $300,000 to cover losses, naming OSFM as a person to be notified in the
			 event of cancellation or nonrenewal.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.40 - Communication by Organization

Current through Register Vol. 48, No. 28, July 12, 2024
A boiler or pressure vessel repairer shall use in all
				communications only the organization name or tradestyle exactly as it appears
				on the organization's license issued by OSFM (e.g., ABC Boiler Repairer cannot
				use a name such as ABC Heating and Cooling Company).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.50 - Changes of Location of Offices

Current through Register Vol. 48, No. 28, July 12, 2024
If an organization changes the location of an existing office
				other than at the time of renewal, the organization shall notify OSFM in
				writing of the new address at least 30 days prior to the change of location and
				file the required application and fee of $50.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.60 - Change of Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
When 51% of the assets, stock or equity of a boiler or pressure
				vessel repairer organization are sold, a new boiler or pressure vessel repairer
				application shall be filed with OSFM in accordance with Section
				2121.30.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.70 - Termination or Change in License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The license shall terminate when the:
1) Organization ceases operation;
2) Organization ceases to operate under the
			 name on the license;
3) Certificate
			 of Insurance has expired or is nonrenewed or cancelled;
4) License is revoked;
5) Period for which the license has expired
			 and no renewal has been issued by OSFM; or
6) The "R" Stamp expired or the organization
			 ceases to possess an "R" Stamp as required by Section
			 2121.30(a)(1)(A).
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.80 - Records and Documents to be Kept by Boiler or Pressure Vessel Repairer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The current
			 license shall be prominently displayed at the location where the organization
			 conducts business.
b) Records shall
			 be maintained as required by 41 Ill. Adm. Code 2120.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.90 - Availability of Books, Records, Forms and Stationery

Current through Register Vol. 48, No. 28, July 12, 2024
All books, records, forms and stationery associated with boiler
				or pressure vessel repair shall be made available to OSFM agents upon request.
				Failure or refusal by the organization to make these records available shall be
				grounds for denial, suspension or revocation of the organization's license
				under Section 65 of the Act.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2121 - BOILER AND PRESSURE VESSEL REPAIRER REGULATIONS › Section 2121.100 - Renewals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to the
			 terms of subsection (e), each license issued under the Act shall be issued for
			 a period of three years. A renewal notice, along with the renewal forms, will
			 be sent to the organization 90 days prior to the expiration date. Upon receipt
			 of the completed renewal forms and the appropriate fee, OSFM will renew the
			 license.
b) It is the
			 responsibility of each licensee to notify OSFM of any change of address,
			 contact information, or information provided in the original application or
			 renewal form.
c) Failure to receive
			 a renewal form from OSFM shall not constitute an excuse for failure to pay the
			 renewal fee or to renew one's license.
d) In addition to the renewal fee, a
			 reinstatement fee of $100 shall be assessed for each organization failing to
			 renew within 60 days after the end of the licensure period. A sole
			 proprietorship may have the renewal and reinstatement fees waived if the person
			 was on active duty in the military, pursuant to Section 50 of the
			 Act.
e) On or after July 1, 2011,
			 any new or renewed license will be issued for a period that coincides with the
			 3 year authorization period of the "R" Stamp.
f) In the transition from OSFM registration
			 to OSFM licensure, there will be no charge for a renewed license issued for 3
			 months or less; a $75 fee for a renewed license issued for a period longer than
			 3 months but less than 18 months; and the normal renewal fee for a renewed
			 license issued for more than 18 months. The Office will invoice this
			 fee.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
These rules shall apply to all hearings conducted under the
				jurisdiction of the Board pursuant to the Boiler and Pressure Vessel Safety Act
				and the Boiler and Pressure Vessel Repairer Regulation Act.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Civil Administrative Code of Illinois" means 20 ILCS
				2905.
"Board" means the Board of Boiler and Pressure Vessel
				Rules.
"Discipline" means suspension, revocation, probation, refusal
				to issue or renew a Certificate of Registration.
"Office" means the Office of the State Fire Marshal.
"State Fire Marshal" means the Executive Director of the Office
				or duly appointed Acting Director, or, in his absence from the State or in any
				event of his incapacity to act, his next immediate subordinate statutory
				officer within the Office.
"Hearing" means any hearing authorized to be held by the Board
				pursuant to statute.
"Petitioner" is a party who by written petition or application
				seeks relief licensure under any provision of the statutes of the State of
				Illinois governing the Board or any rule, regulation, order or determination of
				the Office or the Board.
"Registrant" means any holder of a Certificate of Registration
				issued by the Office, or any applicant therefor.
"Respondent" is a person, firm, association or corporation
				against whom complaint or petition is filed or to whom an order or complaint is
				directed by the Office.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.20 - Initiation of a Contested Case by the Office

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is initiated by the
			 Office when a Complaint and Notice are mailed to the licensee's last known
			 address, postage prepaid.
b) A
			 Complaint shall be in writing, signed by the Chief Inspector, and shall include
			 a clear statement of the acts or omissions alleged to violate a statute or
			 rule, and citation of the statute or rule, and any discipline to be
			 imposed.
c) A Notice shall be in
			 writing, and shall contain the date, time, place and nature of the hearing to
			 be held, shall refer to these rules, and shall comply with the Notice
			 requirements of Section 2123.70 of this Part.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.30 - Initiation of a Contested Case by Petitioner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contested case is initiated by a
			 petitioner when a Petition for Hearing is mailed to the Office, Attention:
			 Chief Inspector, Boiler and Pressure Vessel Safety, 1035 Stevenson Drive,
			 Springfield, IL 62703-4259, postage prepaid.
b) In a case where petitioner seeks to
			 contest a decision by the Office to deny his application for licensure, the
			 Petition for Hearing will be in writing, signed by the petitioner, and state
			 with specificity the particular reasons why the applicant believes that the
			 action by the Office to deny licensure was incorrect.
c) In a case where a petitioner is seeking
			 restoration of a Certificate of Registration which was revoked or suspended,
			 the Petition for Hearing shall be in writing, signed by the petitioner, and
			 shall set forth:
1) The identification number
			 of the certificate which was suspended or revoked;
2) The docket number of the case which
			 resulted in discipline;
3) The date
			 on which the suspension or revocation was ordered;
4) Whether the order which suspended or
			 revoked the license was appealed, and if so, whether a stay of the imposition
			 of discipline was granted by any reviewing court; and
5) Date and disposition of any other
			 petitions for restoration filed since the discipline was ordered.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.40 - Joinder

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of the efficient disposition of related cases,
				the Office may join cases relating to multiple respondents or petitioners
				without regard to whether the cases relate to the same license as long as the
				cases involve issues of law or fact which are common to the parties. The
				respondent may contest the decision to join cases by filing a motion pursuant
				to Section 2123.210(a)(14) of this Part.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.50 - Form of Papers

Current through Register Vol. 48, No. 28, July 12, 2024
All papers filed or submitted to the Office or Board in a
				contested case shall be typewritten, on 81/2 by 11 inch white paper. The first
				page of each document shall set forth the names of the parties and the docket
				number assigned to the case by the Office. Petitions for Hearing which are
				filed before a docket number is assigned shall contain a space for entry of the
				assigned number. (See Appendix A.)
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.60 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of any
			 document may be by mail or by personal delivery. Proof of service will be
			 attached to the original of any document served. In the absence of evidence to
			 the contrary, the date shown on the proof of service shall be deemed the date
			 of service.
b) Service on the State
			 Fire Marshal or on the Office, or on an Office Attorney or other Office
			 employee, is made by service on the Chief Inspector, or on the State Fire
			 Marshal, at the Springfield headquarters.
c) Service of any document as provided in
			 this Section shall include at least three copies of the documents
			 served.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.70 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Notice
			 shall include:
1)
A
			 statement of the date, time, place and nature of the
			 hearing;
2)
A
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held; and
3)
Except where a more detailed statement is otherwise provided for by
			 law, a short and plain statement of the matters asserted.
[
			 5 ILCS
			 100/10-25 ]
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.80 - Prehearing Negotiations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Board may form Committees of its members to participate in hearings, and along
			 with the hearing officer, submit reports to the full Board.
b) The Office and the respondent may
			 stipulate to facts and may agree to discipline conditioned upon Board
			 acceptance. If the agreement is acceptable to the Committee, it shall signify
			 its consent with signatures of a majority of its members on the written
			 agreement. Such signed agreement shall be considered the Conclusions of Law,
			 Findings of Fact, and Recommendation to the Board. If the Board rejects the
			 agreement, the respondent shall then be entitled to a hearing on the merits. It
			 shall not be a bar to participation in the hearing by a member that has
			 previously considered a proposed agreement under this Section.
c) A respondent may waive his right to have
			 discipline imposed only upon the action and report in writing of the
			 Board.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.90 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party may be
			 represented by an attorney who is licensed in Illinois. Attorneys who appear in
			 a representative capacity must file written notice of appearance setting forth:
1) The name, address and telephone number of
			 the attorney;
2) The name and
			 address of the party represented; and
3) An affirmative statement indicating that
			 the attorney is licensed in Illinois.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.100 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Failure to appear at the time and place set for hearing shall
				be deemed a waiver of the right to present evidence. After presentation by the
				Office of an offer of proof that the registrant was given proper notice, the
				Board shall make its recommendation. Where a petitioner fails to appear, the
				Petition for Hearing shall be dismissed.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.110 - Amendment, Withdrawal of Complaints and Petitions for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Complaint
			 may be amended at any time. An Amended Complaint may be filed in the same
			 manner as a Complaint, or it may be presented to the Committee or hearing
			 officer during the course of the hearing. A continuance shall be granted
			 whenever the amendment materially alters the Complaint and where the registrant
			 demonstrates that he would otherwise be unable to properly prepare an Answer to
			 the Amended Complaint or prepare his case.
b) A Complaint or Petition for Hearing may be
			 withdrawn at any time prior to the hearing by the party who initiated it. After
			 a hearing has begun, a Complaint may be withdrawn only upon written notice to
			 the Board.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.120 - Requirement of an Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 all contested cases initiated by the Office, the registrant shall file an
			 Answer within ten days after the date on which the Complaint was served. The
			 Answer shall be in writing, signed by the registrant or his representative, and
			 shall contain a specific response to each allegation in the Complaint. The
			 response shall either admit or deny the allegation, or shall state that the
			 registrant has insufficient information to admit or deny the
			 allegation.
b) Any Answer which
			 states that the registrant has insufficient information to admit or deny the
			 allegation shall be accompanied by an affidavit attesting to the truth of this
			 assertion.
c) On motion by the
			 Office, the hearing officer will cause to be issued a Notice to Plead. The
			 Respondent will be held in default, if within 15 days after issuance of such
			 Notice, the Respondent does not answer or otherwise file a responsive
			 Pleading.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.130 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 not be the subject of motions presented to the Board or hearing officer, except
			 when a motion is made alleging failure to comply with this Section, and
			 requesting relief in the form of dismissal of the case or recommendation to the
			 Board based on the pleadings without a hearing.
b) Upon written request served on the
			 opposing party, any party shall be entitled to:
1) The name and address of any witness who
			 may be called to testify;
2) Copies
			 of any document which may be offered as evidence; and
3) A description of any other evidence which
			 may be offered.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.140 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State Fire
			 Marshal or his delegate will issue subpoenas for the attendance of witnesses or
			 production of books, records, documents or other evidence.
b) Any registrant or petitioner seeking
			 issuance of a subpoena will apply in writing to the Office, Attention: Chief
			 Inspector, setting forth facts which purport to demonstrate that the subpoena
			 is required. Upon refusal by the State Fire Marshal to issue any subpoena, the
			 registrant will be entitled to a hearing before the State Fire Marshal, to be
			 conducted as a matter of record.
c)
			 Service of subpoenas and payment of witness fees and expenses shall be as
			 provided in the Civil Administrative Code of Illinois.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.150 - Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 After a case is initiated, upon the written motion of either party, or on its
			 own motion, the Board or the hearing officer may direct the parties to attend a
			 prehearing conference.
b) Unless
			 waived by the parties, the conference will be conducted as a matter of record.
			 Participation by any Board member, committee, or a hearing officer will not
			 affect the right to participate in a subsequent hearing on the
			 matter.
c) The purposes of the
			 conference include:
1) Simplification of
			 issues;
2) Limitation of
			 issues;
3) Negotiating admissions
			 or stipulations;
4) Limitation of
			 witnesses or evidence;
5) Exchange
			 of exhibits; or
6) Discussion of
			 any other matter which may aid in efficient disposition of the case.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.160 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The sequence to be followed for all contested cases is as
				follows:
a) Preliminary Hearing. The
			 purpose is to set a date on which all parties expect to be prepared and to rule
			 on any preliminary motions which are presented. This may be eliminated by
			 agreement of the parties, by the Board, or by the hearing officer.
b) Prehearing Conference - Optional. The
			 purposes are set out in Section 2123.150.
c) Hearings
1) Preliminary Matters - Motion, attempts to
			 narrow issues or limit evidence.
2)
			 Opening Statements - The party bearing the burden of proof proceeds
			 first.
3) Case in Chief - Evidence
			 and witnesses are presented by the party bearing the burden of proof. As
			 witnesses' testimony is completed, they are subject to
			 cross-examination.
4) Defense -
			 Evidence and witnesses may be presented by the opposing parties.
5) Closing Statements - The party bearing the
			 burden of proof proceeds first, then the opposing party, then a final word by
			 the party bearing the burden of proof.
6) Board Report - Described in Section
			 2123.240.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.170 - Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Board shall conduct the hearing or may appoint any attorney licensed to
			 practice law in Illinois to serve as a hearing officer.
b) The hearing officer may be empowered to
			 conduct the hearing, question witnesses, make rulings on motions and
			 objections, and/or submit suggested Findings of Fact and Conclusions of Law to
			 the Board at the conclusion of the case. The hearing officer may also afford
			 the Board such legal counsel as it may require during the course of the hearing
			 and until a final order is signed. It shall not be a bar to employment as
			 hearing officer that the attorney is also an employee of the Office.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.180 - Examination by the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 member of any Board Committee, or any hearing officer, may examine any
			 witness.
b) Either party may object
			 to specific questions asked by the Board Committee or hearing officer, but it
			 shall not be objectionable that a question violates a technical rule of
			 evidence. For purposes of these rules, the rule against hearsay is a
			 substantive, rather than technical, rule of evidence.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.190 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 burden of proof rests with the Office in all cases initiated by the Office by
			 the filing of a Complaint. A recommendation for discipline may be made by the
			 Board or hearing officer only where the Office establishes by clear and
			 convincing evidence that the allegations of the Complaint are true.
b) The burden of proof in all cases initiated
			 by the filing of a Petition for Hearing rests with the petitioner. The
			 petitioner must prove by a preponderance of the evidence that the license
			 should be granted or restored, as the case may be.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.200 - Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Business records
			 shall be admissible. A business record is:
1)
			 Relevant;
2) A memorandum, report,
			 record or data compilation;
3) Made
			 by a person with first-hand knowledge of the facts;
4) Made at or near the time of the
			 facts;
5) Made as part of the
			 regular practice of the activity; and
6) Kept in the course of regularly conducted
			 activity.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.210 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions will be
			 made in writing, unless otherwise allowed by the Board, hearing officer or
			 Office, during the course of a hearing. Written motions are limited to the
			 following:
1) To request dismissal of a
			 Complaint, for failure to state facts which, if true, would form a sufficient
			 basis for discipline.
2) To request
			 sanctions in accordance with Section 2123.90 of this Part dealing with
			 Representation.
3) To request
			 sanctions in accordance with Section 2123.130 of this Part dealing with
			 Discovery.
4) To request dismissal
			 of a Petition for Hearing for failure to comply with the Section 2123.30 of
			 this Part dealing with Initiation of a Contested Case by a
			 Petitioner.
5) To request dismissal
			 of a Complaint where the Office's case has been concluded without sufficient
			 evidence having been presented to form a basis for discipline.
6) To request a continuance, or extension of
			 time, to comply with any provision of this Part.
7) To request an order granting a rehearing
			 or additional hearings.
8) To
			 request an order that a Board or hearing officer reconsider its Findings of
			 Fact, Conclusions of Law or Recommendation or to request a new hearing or
			 additional hearings.
9) To request
			 that a Board or hearing officer deem a failure to file an Answer to be an
			 admission of the truth of the allegations contained in the Complaint.
10) To request employment of a hearing
			 officer.
11) To request that a
			 member of the Board be excluded from the hearing or deliberations for
			 prejudice.
12) To request that an
			 Order be vacated or modified.
13)
			 To request a prehearing conference.
14) To request separation of cases joined by
			 the Office.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.220 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided herein, the rules of evidence applicable to all contested
			 cases will be the rules of evidence which are applicable in civil cases in the
			 State of Illinois.
b) Hearsay is
			 not admissible. In addition to any other exceptions to the hearsay rule which
			 exists in Illinois, a statement may be admitted if it has circumstantial
			 guarantees of trustworthiness, and if the probative value of the statement
			 outweighs any prejudice resulting from an inability to cross-examine the
			 declarant.
c) Statements which are
			 not hearsay:
1) Prior statement by witness.
			 The declarant testifies at the hearing and is subject to cross-examination
			 concerning the statement, and the statement is:
A) inconsistent with the declarant's
			 testimony, and was given under oath subject to the penalty of perjury at a
			 hearing or other proceeding, or in a deposition; or
B) consistent with the declarant's testimony
			 and is offered to rebut an express or implied charge against the declarant of
			 recent fabrication or improper influence or motive; or
C) one of identification of a person made
			 after perceiving the declarant; or
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.230 - Adverse Witness

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 party or witness may be called as an adverse witness. In such a case,
			 examination of the witness will be allowed as if under
			 cross-examination.
b) Upon a
			 showing that a witness was called in good faith, and that the party calling the
			 adverse witness is surprised by the testimony, examination of the witness may
			 proceed as if under cross-examination, and the testimony of the witness may be
			 impeached by prior statements or otherwise.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.240 - Board Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 every contested case, the Board will file a written report which contains its
			 Findings of Fact and Conclusions of Law with respect to the allegations
			 contained in the Complaint or Petition and its decision.
b) In a case initiated by the Office, the
			 decision may be:
1) That a certificate not be
			 issued;
2) That a certificate not
			 be renewed;
3) That a certificate
			 be issued;
4) That a certificate be
			 renewed;
5) That a certificate be
			 issued or renewed subject to discipline or special conditions;
6) That a certificate be suspended or
			 revoked; or
7) That a certificate
			 remain in good standing.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Section 2123.250 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				shall be held by a court of competent jurisdiction to be invalid, such holding
				shall not affect the remaining portions thereof.
Illinois Administrative Code › Title 41 - FIRE PROTECTION › Part 2123 - BOILER AND PRESSURE VESSEL RULES FOR HEARINGS › Appendix D - Caption for Other Relief (e.g., State Special, Denial of Certificate of Inspection)

Current through Register Vol. 48, No. 28, July 12, 2024
STATE OF ILLINOIS
OFFICE OF THE STATE FIRE MARSHAL
Click here to view
				Image
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.1 - Title

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be cited as the General Services Standard
				  Procurement Rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.3 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is promulgated by the Chief Procurement Officer for
				  General Services (CPO-GS) in accordance with the provisions of the Illinois
				  Procurement Code (the Code) [30 ILCS 500 ]. This Part may be amended in
				  accordance with the Code and the Illinois Administrative Procedure Act [5 ILCS
				  100/5 ].
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.5 - Policy

Current through Register Vol. 48, No. 28, July 12, 2024
The principles of competitive bidding and economical
				  procurement practices shall apply to all purchases and contracts by and for the
				  State Agencies, except as otherwise provided by law, this Part and other
				  applicable rules. It is the policy of the CPO-GS that all activities of the
				  State Purchasing Officers (SPOs) and other designees related to the procurement
				  process maximize the value of the expenditure of public funds in procuring
				  contracts, and that those appointed and designated act in a manner that
				  maintains public trust in the integrity of the process.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.8 - Implementation of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part establishes rules necessary and appropriate to implement the
				authorities granted by the Code relating to the procurement, supplies,
				including inventory level, services, real estate leases and related capital
				improvement, concessions and, as applicable, construction, and necessary
				rulemaking under the authority of the Code.
b) Section 10-20 of the Code creates four
				Chief Procurement Officers: one for procurements for construction and
				construction-related services committed by law to the jurisdiction or
				responsibility of the Capital Development Board; one for procurements for all
				construction, construction-related services, operation of any facility, and the
				provision of any construction or construction related services or activity
				committed by law to the jurisdiction or responsibility of the Illinois
				Department of Transportation; one for all procurements made by a public
				institution of higher education; and one for all other procurement. For
				purposes of this Part the CPO for "all other procurements" shall be known as
				the Chief Procurement Officer for General Services (CPO-GS). This Part applies
				to all procurements and procurement rulemaking under the jurisdiction of the
				Chief Procurement Officer for General Services (CPO-GS) and any State
				Purchasing Officer (SPO) appointed by the CPO-GS.
c) This Part is intended to make procurement
				activities of State agencies uniform and consistent among and within the State
				agencies under the jurisdiction of the CPO-GS in order to facilitate
				participation in State procurements, encourage competition, and ensure that
				procurements are conducted in a fair and open manner. Implementation by and
				within State agencies shall be consistent with this Part. Operational
				interpretations are to be made in a flexible manner designed to secure the
				State's needs and protect the interests of the State of Illinois.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.12 - Additional Exemptions Applicable to Artistic and Musical Services

Current through Register Vol. 48, No. 28, July 12, 2024
a Except as provided in
				this Section, the Code shall not apply to procurements made by or on behalf of
				State agencies for procurement expenditures necessary to provide artistic or
				musical services or theatrical productions held at a venue operated or leased
				by a State agency. [30 ILCS
				500/1-12(a) ]
b In a manner prescribed by the CPO-GS,
				contracts entered into under this Section shall be published in the Procurement
				Bulletin within 14 days after contract execution. [30 ILCS
				500/1-12(b) ]
c In a manner prescribed by the CPO-GS, each
				State agency shall, on a monthly basis, provide the CPO-GS a report of all
				contracts that are related to the procurement of supplies and services
				identified in this Section. At a minimum, this report shall include the name of
				the contractor, a description of the supply or service provided, the total
				amount of the contract, the term of the contract, and the exception to the Code
				utilized. A copy of any or all of these contracts shall be made available to
				the CPO-GS immediately upon request. [30 ILCS
				500/1-12(b) ]
d The CPO-GS shall submit a report to the
				Governor and General Assembly no later than November 1 of each year that shall
				include, at a minimum, an annual summary of the monthly information reported to
				the CPO-GS. [30 ILCS
				500/1-12(b) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.13 - Additional Exemptions Applicable to Illinois Finance Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a Except as provided in
				this Section, the Code shall not apply to contracts for legal, financial, and
				other professional and artistic services entered into on or before December 31,
				2018 by the Illinois Finance Authority (IFA) in which the State is not
				obligated.
b In a manner prescribed
				by the CPO-GS, contracts entered into under this Section shall be published in
				the Procurement Bulletin within 14 days after contract execution.
c In a manner prescribed by the CPO-GS, IFA
				shall, on a monthly basis, provide the CPO-GS a report of all contracts that
				are related to the procurement of supplies and services identified in this
				Section. At a minimum, this report shall include the name of the contractor, a
				description of the supply or service provided, the total amount of the
				contract, the term of the contract, and the exception to the Code utilized. A
				copy of any or all of these contracts shall be made available to the CPO-GS
				immediately upon request.
d The
				CPO-GS shall submit a report to the Governor and General Assembly no later than
				November 1 of each year that shall include, at a minimum, an annual summary of
				the monthly information reported to the CPO-GS. [30 ILCS
				500/1-10(b)(12) ]
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart A - GENERAL › Section 1.25 - Property Rights

Current through Register Vol. 48, No. 28, July 12, 2024
No person shall have any right to a specific contract with
				  the State unless that person has a contract that has been signed by an officer
				  or employee of the purchasing agency with appropriate signature authority. The
				  State shall be under no obligation to issue an award or execute a contract.
				  [30 ILCS 500/1-25
				  ] No person who participates in a procurement action has any right to an award
				  or subsequent contract. No notice of award can be issued and no contract can be
				  executed without the determination of the CPO-GS, SPO or designee. Receipt of a
				  solicitation or procurement document, or submission of any response to a
				  solicitation or other procurement request, solicited or otherwise, confers no
				  right to receive an award or contract, nor does it obligate the State in any
				  manner.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart B - PROCUREMENT RULES, POLICIES AND PROCEDURES › Section 1.525 - Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procurement under
				the jurisdiction of the CPO-GS or an appointed SPO shall be conducted in
				accordance with the Code and this Part, except as provided in this
				Section.
b) If a Public Act or
				court decision invalidates any Section of this Part or requires a different
				interpretation, the rules will be implemented in accordance with the
				legislation or court decision.
c) A
				State agency that has procurement needs not adequately addressed by this Part
				may provide a written request to the CPO-GS to address those procurement needs.
				The request shall include a statement explaining that the particular program
				needs of the State agency require a rule different from or in addition to this
				Part. The CPO-GS may elect to meet the State agency's need by issuing a CPO-GS
				Notice or amending this Part.
d)
				All proposed rules will be submitted to the Procurement Policy Board (PPB)
				before or during the public comment period established under the Illinois
				Administrative Procedure Act [5 ILCS 100 ]. Rulemaking, except for emergency
				rulemaking, shall be scheduled to allow the PPB at least 30 days to provide
				comments.
e) Emergency rules will
				be submitted to the PPB for review and comment with as much notice as is
				reasonably possible. A copy of the adopted emergency rules shall be provided to
				the PPB. The PPB shall be given opportunity to comment on rules proposed to
				replace the emergency rules.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart B - PROCUREMENT RULES, POLICIES AND PROCEDURES › Section 1.530 - Policies and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The CPO-GS may issue policies and procedures to further implement the Code and
				this Part. Policies and procedures shall be maintained in a structured format.
				The CPO-GS shall periodically review policies and procedures and determine if
				any should be issued as an administrative rule.
b) The CPO-GS shall notify the PPB of changes
				to policies or new policies. The CPO-GS may give notice by including the PPB on
				the standard distribution list.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1.1040 - Central Procurement Authority of the CPO-GS

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-GS may establish or may designate
				to a State agency the right to establish, master, scheduled or open-ended
				contracts for any item, and those contracts shall be utilized by State agencies
				in accordance with the terms of those contracts.
b) Any delegation for the establishment of
				master, scheduled or open-ended contracts by the CPO-GS to a State agency shall
				be in writing and agreed to in writing by the State Agency Head.
c) Central Procurement Procedures
1) Purchase Requests
Each State agency must initiate the procurement process
				  through submission of a purchase request to the CPO-GS. The CPO-GS shall
				  designate the format and requirements for submission through a CPO Notice to
				  the agencies.
2) Chief
				Procurement Officer's Authority to Reject
When the CPO-GS, after consultation with the requesting
				  agency, decides that processing the requested procurement is clearly not in the
				  best interest of the State, or that further review is needed, the CPO-GS shall
				  return the request to the requesting agency. A written statement of the reasons
				  for its return shall accompany the returned request.
3) Determination of Contractual Terms and
				Conditions
The CPO-GS has authority to determine the terms and
				  conditions of solicitations and contracts. The CPO-GS will consult with the
				  requesting agency if the agency requests special terms and conditions.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1.1050 - Procurement Authority of the SPO; Limitations (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1.1060 - Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CPO-GS may
				designate to any SPO or, in consultation with a State Agency Head, to a State
				agency authority to conduct certain named activities or functions. The CPO-GS
				may also designate to any SPO the CPO-GS's authority to conduct on behalf of
				the CPO-GS specific procurements or classes of procurements for multiple agency
				use. An SPO may request that the CPO-GS designate authority to that SPO. The
				State agency designated authority shall remain subject to CPO-GS and SPO
				authority. All such designations to a State agency shall be acknowledged and
				agreed to in writing by the State Agency Head.
b) Any exercise of designated authority shall
				be in accordance with the Code and this Part.
c) Designations shall be in writing and shall
				specify:
1) the activity or function
				authorized;
2) any limits or
				restrictions on the exercise of the designated authority;
3) whether the authority may be further
				designated;
4) the duration of the
				designation; and
5) any reporting
				requirements.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart C - PROCUREMENT AUTHORITY › Section 1.1070 - Toll Highway Authority

Current through Register Vol. 48, No. 28, July 12, 2024
For activities related to the construction and operation of
				  the toll highways under the jurisdiction of the Illinois Toll Highway
				  Authority, the construction rules promulgated by the CPO-DOT shall be
				  followed.
Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1 - CHIEF PROCUREMENT OFFICER FOR GENERAL SERVICES STANDARD PROCUREMENT › Subpart D - PUBLICIZING PROCUREMENT ACTIONS › Section 1.1501 - Bulletin

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois
				Procurement Bulletin consists of four Bulletins, one for each of the Chief
				Procurement Officers designated in the Code. Each Bulletin will contain
				information relating to procurements under the authority of the appropriate
				CPO. References in this Part to Bulletin means the General Services volume,
				unless the context indicates a different meaning.
b) The CPO-GS shall have all rights in and to
				his or her volume of the Bulletin and shall determine the content, form,
				function, organization and structure and shall make revisions as necessary or
				desirable.
c) The Bulletin shall be
				published in electronic, web accessible form. The Bulletin can be found at
https://bidbuy.illinois.gov/bso
.