Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 1925 - PUBLIC INFORMATION ACCESS, RULEMAKING AND ORGANIZATION › Subpart G - ORGANIZATION › Section 1925.780 - Ex Parte and Extra-Record Communication

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except in the disposition of matters that
				agencies are authorized by law to entertain or dispose of on an ex parte basis
				including, but not limited to rule making, the State Board, any State Board
				member, employee, or hearing officer shall not engage in ex parte communication
				in connection with the substance of any formally filed application for a permit
				with any person or party or the representative of any party. This subsection
				(a) applies when the Board, member, employee, or hearing officer knows, or
				should know upon reasonable inquiry, that the application or exemption has been
				formally filed with the Board. Nothing in this Section shall prohibit staff
				members from providing technical assistance to applicants. Nothing in this
				Section shall prohibit staff from verifying or clarifying an applicant's
				information as it prepares the Board staff report. Once an application or
				exemption is filed and deemed complete, a written record of any communication
				between staff and an applicant shall be prepared by staff and made part of the
				public record, using a prescribed, standardized format, and shall be included
				in the application file. [20
				ILCS 3960/4.2(a) ]
b) A State Board member or employee may
				communicate with other members or employees and any State Board member or
				hearing officer may have the aid and advice of one or more personal assistants.
				[20
				ILCS 3960/4.2(b) ]
c) An ex parte or extra-record communication
				received by the State Board, any State Board member, employee, or hearing
				officer shall be made a part of the record of the pending matter, including all
				written communication, all written responses to the communications, and a
				memorandum stating the substance of all oral communications and all responses
				made and the identity of each person from whom the ex parte communication was
				received. [20
				ILCS 3960/4.2(c) ]
d) The State Board member, employee or
				hearing officer who received or made the ex parte or extra-record communication
				shall submit those communications, responses and memoranda to the Administrator
				who shall cause them to be filed in the administrative record for the subject
				project in a separately identified section.
e) The ex parte or extra-record
				communication, together with all other documents enumerated in this Section,
				shall be available to the public in conformance with Section 3 of the Freedom
				of Information Act. Prohibited communications shall be reported to the General
				Assembly and incorporated on the State Board's website
				(http://www.hfsrb@illinois.gov [File Link Not Available]).
f) Any ex parte or extra-record communication
				shall not be considered by the State Board, any State Board member or any HFSRB
				employee, nor form the basis for any decision, finding of fact or
				order.
g) "Ex Parte communication"
				or "extra-record communication" means a communication between a person who is
				not a State Board member or employee and a State Board member or employee that
				reflects on the substance of a pending State Board proceeding and that takes
				place outside the record of the proceeding. Communications regarding matters of
				procedure and practice, such as the format of pleading, number of copies
				required, manner of service, and status of proceedings, are not considered ex
				parte or extra-record communications. Technical assistance with respect to an
				application, not intended to influence any decision on the application, may be
				provided by employees to the applicant. Any assistance shall be documented in
				writing by the applicant and employees within 10 business days after the
				assistance is provided. [20
				ILCS 3960/4.2(d) ]
h) Any communication, written or oral,
				received from a member of the public, news media, interested persons,
				legislators, or other persons regarding any matter, other than the status of an
				application, that is not authorized by the public comment process specified in
				77 Ill. Adm. Code 1130 is ex parte or extra-record communication and is
				prohibited.
i) For purposes of this
				Section, "employee" means a person the State Board or the Agency employs on a
				full-time, part-time, contract, or intern basis. [20
				ILCS 3960/4.2(e) ]
j) The State Board, State Board member, or
				hearing examiner presiding over the proceeding, in the event of a violation of
				this Section, must take whatever action is necessary to ensure that the
				violation does not prejudice any party or adversely affect the fairness of the
				proceedings. [20
				ILCS 3960/4.2(f) ]
k) Nothing in this Section shall be construed
				to prevent the State Board or any member of the State board or any employee
				from consulting with the attorney for the State Board. [20
				ILCS 3960/4.2(g) ]