Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.335 - Application of Discovery Rules Contained in Sections 200.340 through 200.430

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise
				specified in this Section, the provisions of Sections
				200.340 through
				200.430 of this Part shall
				apply fully to all proceedings before the Commission. In proceedings under the ICTL,
				subsection (b) of this Section shall control in the event of a conflict between this
				Section and the remaining Sections of this Subpart.
b) Special discovery provisions applicable to
				proceedings under Section 18c-2105 of the ICTL [625 ILCS
				5/18c-2105 ].
1)
				Discovery Generally. Any party may utilize written interrogatories, depositions,
				requests for discovery or inspection of documents or property and other discovery
				tools commonly utilized in civil actions in the circuit courts in the State of
				Illinois in the manner contemplated by the Code of Civil Procedure and the Rules of
				the Supreme Court of Illinois; except that discovery must be completed by the 30th
				day after the party filed its petition for leave to intervene, unless the period of
				discovery is extended by agreement of the parties or by the Commission. The Chairman
				or a hearing examiner may, at any time, on his own motion or at the request of a
				party, issue such rulings denying, limiting, conditioning, or regulating discovery
				as justice requires, and may supervise all or part of any discovery procedure.
				Parties to proceedings before the Commission are encouraged to clarify and resolve
				issues where possible through the use of pre-hearing discovery. However, discovery
				order should be calculated to lessen the time and expense required to reach an
				informed resolution of the issues.
2)
				Subpoenas. The Chairman or a hearing examiner may, for good cause, issue a subpoena
				directing a person to appear and testify, and to produce records, documents, or
				other papers, at a time and place set forth in the subpoena, in connection with a
				proceeding before the Commission. Service of the subpoena shall be in the same
				manner as a subpoena issued by a court. The Commission may, on its own motion or the
				motion of a person served with a subpoena, quash the subpoena, in whole or in
				part.
3) Appeal from Discovery and
				Subpoenas. A person served with a discovery request or subpoena may appeal such
				interlocutory matter to the Commission. Such appeals shall set forth grounds for
				seeking to quash or limit the scope of the discovery or subpoena, as well as the
				specific relief sought, and must be filed within 10 days after service of the
				discovery or subpoena. If discovery is stayed by the Commission, the person served
				shall be excused from compliance with the discovery order or subpoena until a
				decision on its appeal is made by the Commission.
4) Assessment and Payment of Discovery Costs. The
				Commission may assess the costs of discovery, including fees for witness attendance
				and travel, against the party by which discovery was requested. Where a subpoena is
				issued on the Commission's own motion, fees for witness attendance and travel shall
				be paid by the Commission on request. Witness fees shall be the same as for a
				circuit court proceeding. Deposits to insure payment of costs and fees may be
				required.
5) Enforcement of Discovery
				Procedures. The Commission may, where a person has failed to comply with or permit
				discovery authorized hereunder, determine any or all issues within the scope of the
				discovery or subpoena adverse to such person without further evidence. The
				Commission may, in addition, assess civil penalties under Article VII of Sub-chapter
				1 of the ICTL for such violator for contempt and may assess the costs of
				enforcement, both before the Commission and before the court, against the
				violator.