reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.150 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All documents submitted pursuant to an Administrative Hearing shall be
			 typewritten, on 8½ by 11 inch white paper. The first page of each
			 document shall set forth the names of the Parties and the Hearing number
			 assigned to the case by the Treasurer. A Petition for Hearing that is filed
			 before a Hearing number is assigned shall contain a space for entry of the
			 assigned Hearing number.
b) All
			 documents submitted to the Treasurer that require verification shall be signed
			 by the Party filing them. All other documents submitted by the Party shall be
			 signed by the Party or his or her representative. That signature constitutes a
			 representation by the Party or the representative that the Party or
			 representative has read the documents and that, to the best of the Party's or
			 representative's knowledge, information and belief, the statements made in the
			 documents are true and are not made for purpose of delay or
			 harassment.
c) All documents
			 submitted to the Treasurer after the Petition for Hearing shall be submitted in
			 duplicate, together with a Proof of Service, unless other arrangements are
			 agreed to between the Parties. Any Party submitting or filing a document in the
			 administrative proceedings must also simultaneously send a copy to the opposing
			 Party and the Hearing Officer at their designated addresses.
d) Except as provided in Section 730.140,
			 documents may be sent by telefax or e-mail attachment if the receiving Party or
			 his or her representative agrees. When a telefax or an unsigned e-mail
			 communication is used, a hard copy shall also be sent by regular mail. The
			 failure to send or receive a hard copy shall not negate or render invalid the
			 contents of the original communication. The date the telefax or e-mail
			 attachment is sent shall be deemed the date notice is given.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.160 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service of all
			 documents after a Petition for Hearing or Notice of Hearing has been initiated
			 shall be made by personal delivery upon all Parties or by U.S. Mail, properly
			 addressed, with postage prepaid, unless otherwise required in this Section.
			 Proof of service must be attached to the original of any document served. The
			 Parties may agree to service by telefax or e-mail attachment; however, if the
			 Parties so agree, the proof of service shall contain a confirmation of receipt
			 attached to the document faxed or e-mailed.
b) Service on the Treasurer is made by
			 serving the Office of the General Counsel, at the Springfield office address,
			 unless otherwise designated by the Treasurer. Service on a Party other than the
			 Treasurer shall be at its last known address, unless otherwise designated by
			 the Party.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.170 - Voluntary Dismissal or Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the hearing, an unopposed motion to voluntarily
				dismiss or withdraw a Petition for Hearing/Notice of Hearing shall be granted,
				and the Hearing Officer shall issue an order dismissing the Petition for
				Hearing/Notice of Hearing and its underlying cause with prejudice. However, the
				Hearing Officer, within his or her discretion, may hear and decide a motion
				that has been filed prior to a motion to voluntarily dismiss or withdraw when
				that prior filed motion could result in a final disposition of the cause. After
				a hearing begins or when a motion to voluntarily dismiss or withdraw is
				challenged, the Hearing Officer shall exercise discretion in allowing the
				motion when the voluntary dismissal or withdrawal would serve the interests of
				justice.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.180 - Waiver of Issues

Current through Register Vol. 48, No. 28, July 12, 2024
Any issues that are not specifically, directly or implicitly
				addressed in the Petition for Hearing or Notice of Hearing will be waived in
				any Administrative Hearing.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.190 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt by the Treasurer of a properly submitted Petition
				for Hearing, a Notice of Hearing
shall be served, personally or by
				certified or registered mail,
return receipt requested, by the
				Treasurer
upon the Parties or their agents appointed to receive service
				of process
. Whether in response to a Petition for Hearing or upon the
				Treasurer's action, a Notice of Hearing
shall include the
				following
:
a)
A
			 statement of the date, time, place, and nature of the
Administrative
Hearing
;
b)
A statement of the legal authority and jurisdiction under which
			 the
Administrative
Hearing is to be held
;
c)
A reference to the particular
			 Sections of the substantive and procedural statute and
program
rules involved
;
d)
			 If upon the Treasurer's action, a list of the Treasurer's charges against the
			 Party;
e)
A short and plain
			 statement of the matters asserted, the consequences of a failure to respond,
			 and the
assigned Hearing
number
; and
f)
The names and mailing addresses of
			 the Hearing Officer, all Parties
involved,
and all other
			 persons to whom th
e
Treasurer gives Notice of Hearing, unless
			 otherwise confidential by law
. [
			 5 ILCS
			 100/10-25 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.200 - Requirement of an Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 all contested cases initiated by either a Petition for Hearing or Notice of
			 Hearing, the Respondent shall file an answer within 28 days after the date on
			 which the Petition for Hearing/Notice of Hearing was served. The answer shall
			 be in writing, signed by the Respondent, and shall contain a specific response
			 to each allegation. The answer shall either admit or deny the allegation, or
			 shall state that the Respondent has insufficient information to either admit or
			 deny the allegation. Any answer that states that the Respondent has
			 insufficient information to admit or deny the allegation shall be accompanied
			 by an affidavit of the Respondent attesting to the truth of this
			 assertion.
b) On motion by any
			 Party, the Hearing Officer will issue a notice to plead or be held in default
			 to any Respondent who has failed to answer or otherwise file a responsive
			 pleading. If, within 15 days after issuance of that notice, the Respondent does
			 not answer or otherwise file a responsive pleading, the Respondent will be held
			 in default and a default order may be entered by the Hearing Officer.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.210 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 any Administrative Hearing, the Treasurer shall appoint and/or retain an
			 impartial person as a Hearing Officer to conduct the hearing. The Hearing
			 Officer shall be an impartial attorney licensed to practice law in Illinois and
			 of high integrity and good personal repute. An attorney subject to disciplinary
			 action in the past five years, or under current investigation by the Attorney
			 Registration and Disciplinary Commission (ARDC), may not be a Hearing
			 Officer.
b) The Treasurer is not
			 prohibited from selecting an employee of the Treasurer to act as the Hearing
			 Officer provided that the employee meets the qualifications stated in
			 subsection (a) and has not had any direct involvement with the case. Mere
			 familiarity with the facts shall not disqualify an otherwise qualified person
			 from action as the Hearing Officer.
c) The Hearing Officer shall conduct the
			 hearing and, with respect to the Administrative Hearing, shall have, but is not
			 limited to, the following powers:
1) To
			 administer, or to authorize a court reporter to administer, oaths;
2) To examine witnesses;
3) To authorize the issuance of
			 subpoenas;
4) To rule upon the
			 admissibility of evidence;
5) To
			 grant specific extensions of time;
6) To read into the hearing record any
			 stipulations of fact and other matters agreed upon at the pre-hearing
			 conference and to enter into the record any pre-hearing orders; and
7) To render decisions and issue orders and
			 clarifications.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.220 - Hearing Officer Recusal

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 any Party has reason to believe the Hearing Officer has a personal bias or
			 conflict of interest, that Party may file a timely and sufficient motion,
			 supported by affidavit, requesting that the Hearing Officer recuse himself or
			 herself from hearing the case. The affidavit shall set forth allegations of
			 personal bias or conflict of interest of the Hearing Officer. If a Hearing
			 Officer recuses himself or herself, the Treasurer shall appoint and/or retain
			 another Hearing Officer.
b)
An adverse ruling, in and of itself, shall not constitute bias or
			 conflict of interest.
[
			 5 ILCS
			 100/10-30(b) ]
c) The Hearing Officer may at any time
			 voluntarily disqualify himself or herself upon written notice to the
			 Treasurer.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.230 - Ex Parte Communication

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once appointed and/or retained,
the Hearing Officer shall not communicate directly or indirectly with
			 any Party or any person
interested in the outcome of the proceeding,
			 with respect to the merits of any case not concluded,
except upon
			 notice and opportunity for all Parties to participate
. [
			 5 ILCS
			 100/10-60(a) ] The Hearing Officer
			 may impose and enforce sanctions against a Party who violates this
			 Section.
b)
An ex parte
			 communication received by the Hearing Officer shall be made a part of the
			 record of the pending matter, including all written communications, 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. Communications regarding matters
			 of procedure and practice, such as the format of pleadings, number of copies
			 required, manner of service, and status of proceedings, are not considered ex
			 parte communications under this Section.
[
			 5 ILCS 100/10-60(c) and
			 (d) ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.240 - Representation and Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Party may be represented by an
			 attorney, provided that the attorney is licensed to practice law in Illinois
			 or, with the permission of the Hearing Officer, by an attorney permitted to
			 practice law in Illinois pro hac vice pursuant to Illinois Supreme Court Rules,
			 including the required filing of a statement and payment of fees.
b) Attorneys who appear in a representative
			 capacity must file a written Notice of Appearance setting forth the following:
1) The name, address, telephone number, and
			 ARDC number of the attorney upon whom service of documents may be
			 made;
2) The name and address of
			 the Party represented; and
3) An
			 affirmative statement indicating that the attorney is licensed to practice law
			 in Illinois (or the statement required by attorneys appearing pro hac vice
			 pursuant to Illinois Supreme Court Rules).
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.250 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions, unless
			 made during a hearing, shall be in writing, shall specify the relief and/or
			 order sought, and shall be served on all Parties and filed with the
			 Treasurer.
b) When any motion is
			 filed, the opposing Party has 28 days, or such other period as the Hearing
			 Officer may prescribe, to file a written response setting forth the arguments,
			 authorities relied upon, and affidavits or other supporting evidence. The
			 moving Party shall have 14 days, or such other period as the Hearing Officer
			 may prescribe, to file a written reply. When any oral motion is presented
			 during a hearing, the Respondent may respond instanter or may request leave to
			 file a written response within the same time periods set forth in this
			 subsection. If no response is filed nor orally presented, the responding
			 Party's right to object will be deemed waived.
c) The Hearing Officer may allow oral
			 argument and is authorized to question either Party if the Hearing Officer
			 deems it necessary for a fuller understanding of the issues presented. When
			 facts that are not part of the record in the case are alleged in support of a
			 motion, an affidavit shall be attached to the motion setting forth those facts.
			 A written motion shall be disposed of by written order and notice to all
			 Parties.
d) The Hearing Officer
			 shall rule, within a reasonable time, upon all motions properly presented
			 before him or her. All motions and corresponding orders shall be part of the
			 administrative record. Any dispositive motion that disposes of all claims or
			 all Parties in the action that is granted by the Hearing Officer shall be part
			 of the administrative record and shall be treated as a final decision for
			 purposes of appeal.
e) Before
			 granting any dispositive motion, the Hearing Officer may first afford the Party
			 an opportunity to cure defects in pleading or proof. The ruling whether to
			 afford that opportunity to cure defects shall be made part of the
			 administrative record in accordance with Section 10-35 of the IAPA.
f) Unless otherwise ordered, the filing of a
			 motion or response shall not stay the proceeding nor extend the time for the
			 performance of any act.
g) In
			 calculating the timelines specified in this Part, Section 1.11 of the Statute
			 on Statutes [ 5 ILCS 70 ] shall apply.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.260 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery shall
			 only commence after a Petition for Hearing/Notice of Hearing has been
			 initiated/filed, docketed and assigned a Hearing Number by the Treasurer.
			 Discovery shall not be the subject of motions presented to the Hearing Officer,
			 except when a motion is made alleging failure to comply with this
			 Section.
b) The following discovery
			 procedures shall be used upon service of a written request on the opposing
			 Party:
1) Interrogatories;
2) Request for production of documents or
			 things;
3) Depositions;
			 and
4) Requests to Admit.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.270 - Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Upon motion by the Hearing Officer or any Party, the Hearing Officer may direct
			 the Parties to attend a prehearing conference, at a mutually convenient time
			 and place prior to the Administrative Hearing date, for the purpose of:
1) Simplifying the issues;
2) Limiting the issues;
3) Amending the Petition for Hearing or
			 Notice of Hearing, if necessary;
4)
			 Stipulating to facts and/or admissions;
5) Limiting the number of witnesses or
			 evidence;
6) Mutually exchanging
			 prepared testimony and exhibits; and
7) Any other matters that aid in the
			 simplification of the Administrative Hearing.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.280 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 Administrative Hearings shall be conducted at a location determined by the
			 Treasurer, unless otherwise agreed to by the Parties and the Hearing
			 Officer.
b) The sequence to be
			 followed for all Administrative Hearings is as follows:
1) Preliminary Hearing - The purpose is to
			 set a date on which all Parties expect to be prepared and to rule on any
			 preliminary motions that are presented. This may be eliminated by agreement of
			 the Parties and/or ordered by the Hearing Officer.
2) Prehearing Conference.
3) Hearings
A) Preliminary Matters - motions, attempts to
			 narrow issues or limit evidence;
B)
			 Opening Statements - the Party bearing the burden of proof proceeds
			 first;
C) Case in Chief - evidence
			 and witnesses are presented by the Party bearing the burden of proof. After a
			 witness' testimony is completed, he or she is subject to
			 cross-examination;
D) Defense -
			 evidence and witnesses may be presented by the opposing Party;
E) Closing Statements - the Party bearing the
			 burden of proof proceeds first, then the opposing Party, then a final reply by
			 the Party bearing the burden of proof; and
F) Final Decision.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.290 - Postponement or Continuance of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon motion by a Party or decision of the Hearing Officer, a
				hearing may be postponed or continued for just cause. Written notice of any
				postponement or continuance shall be given to all Parties within a reasonable
				time in advance of the previously scheduled hearing date. All Parties shall
				attempt to avoid unnecessary and repetitive postponements or continuances so
				that the administrative proceedings may be resolved
				expeditiously.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.300 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Any Party failing to appear at a hearing, other than a
				preliminary hearing or prehearing conference, shall waive its right to present
				evidence. If the Hearing Officer determines that proper notice was given, he or
				she shall grant affirmative relief to the Party appearing or shall enter an
				Order dismissing the Petition for Hearing/Notice of Hearing with
				prejudice.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.310 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof, which includes both the burden of
				production and the burden of persuasion, rests with the Petitioner in all cases
				initiated by the filing of a Petition for Hearing or with the Treasurer in all
				cases initiated by the filing of a Notice of Hearing.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.320 - Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided by law, the standard of proof
				for an Administrative Hearing
under this Part
shall be the
				preponderance of the evidence
. [
				5 ILCS
				100/10-15 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.330 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided in this Section,
the rules of evidence and
			 privilege
applicable to all contested Administrative Hearings
will be the rules of evidence that are applied in
civil cases
			 in
the circuit courts of the State of Illinois
. In addition,
			 the Hearing Officer
may receive
material, relevant
evidence that would be relied upon by a reasonably prudent person in
			 the conduct of serious affairs
[
			 5 ILCS
			 100/10-40 ] that is reasonably reliable and reasonably
			 necessary to a resolution of the issue for which it is offered.
b) The Hearing Officer shall exclude
			 immaterial, irrelevant and repetitious evidence.
c) The Hearing Officer shall use discretion
			 in admitting or denying the admission of evidence.
d) Hearsay is not admissible except when
			 exceptions to the hearsay rule exist under Illinois law, or when a statement
			 has circumstantial guarantees or trustworthiness, and if the probative value of
			 the statement outweighs any prejudice resulting from an inability to
			 cross-examine the declarant.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.340 - Business Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The rules for admitting business records will be the same as those contained in
			 the Illinois Supreme Court Rule R-236.
b) Any Party seeking to admit documents other
			 than the originals may do so, provided the Party certifies that the copy is a
			 true and correct copy of the original. The Party need not show that the
			 original is unavailable.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.350 - Examination of Witnesses by Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Officer may examine any
			 witness.
b) A Party may object to
			 specific questions asked by the Hearing Officer, but it shall not be
			 objectionable that a question violates a technical rule of evidence. For
			 purposes of this Section, the rule against hearsay is a substantive, rather
			 than a technical, rule of evidence.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.360 - Adverse Witness

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any Party or witness may be called as an adverse witness. Examination of the
			 adverse witness shall be allowed as if under cross-examination.
b) A witness called in good faith whose
			 testimony surprises the party who called the witness may be examined by that
			 calling Party as if under cross-examination, and the testimony of the witness
			 may be impeached by prior statements.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.370 - Transcript of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Oral proceedings or any part of oral proceedings shall be recorded
			 stenographically or by other means that will adequately ensure the preservation
			 of the testimony or oral proceedings, and shall be transcribed at the request
			 of any Party. The Parties shall agree to the method of recording and shall
			 share the costs equally.
b) An
			 official court reporter may be engaged by the Treasurer to make and transcribe
			 a stenographic record of the hearing. The Treasurer will not provide copies of
			 the transcript to the Parties, but the Parties may obtain copies from the
			 official reporter upon payment of the appropriate costs.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.380 - Administrative Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 full and complete record shall be kept of all proceedings. The record shall
			 consist of the following:
1) All pleadings
			 (including, but not limited to, the Petition for Hearing/Notice of Hearing and
			 any Answers);
2) Motions, briefs,
			 arguments, affidavits, exhibits, documents and records;
3) All evidence received;
4) All discovery responses;
5) A transcript of the hearing, as well as
			 any transcript of any proceeding applicable for appeal or for administrative
			 review;
6) A statement of matters
			 officially noticed;
7) Offers of
			 proof, objections and rulings;
8)
			 Any proposed findings and exceptions;
9) Any order, decision, opinion or report by
			 the Hearing Officer;
10) All staff
			 memoranda or data submitted to the Hearing Officer of the case; and
11) Any communication prohibited by Section
			 10-60 of the IAPA or the rules concerning ex parte communications.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.390 - Proposal for Decision

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise expressly provided by law, when, in a
				contested case, the Treasurer has not heard the case or read the record, the
				final decision, if adverse to a Party to the proceeding other than the
				Treasurer, shall not be made until a proposal for decision is served upon the
				Parties and an opportunity is afforded to each Party adversely affected to file
				exceptions and to present a brief.
The proposal for decision shall
				contain a statement of the reasons for that proposal and of each issue of fact
				or law necessary to the proposed decision. It shall be prepared by the persons
				who conducted the hearing or one who has read the record.
[
				5 ILCS
				100/10-45 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.400 - Final Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The final decision in a contested case shall be in writing and shall become a
			 part of the administrative record. A final decision shall include findings of
			 fact and conclusions of law, separately stated. Parties or their agents
			 appointed to receive service of process shall be notified either personally or
			 by certified or registered mail, return receipt requested, of any decision.
			 Upon request, a copy of the decision shall be delivered or mailed forthwith to
			 each Party and to its attorney of record.
b) All Treasurer
orders shall specify
			 whether they are final and subject to the Administrative Review Law
[
			 735 ILCS 5 /Art. III]. [
			 5 ILCS
			 100/10-50 ]
c) The final decision shall be issued in
			 writing as soon as practicable after the Administrative Hearing is concluded,
			 unless otherwise provided for by law.
d) The final decision may require any Party
			 to the proceeding to pay part or all of the costs of the Administrative
			 Hearing, including, but not limited to: witness fees, court reporter fees,
			 Hearing Officer fees, and the cost of the transcript.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 730 - RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS › Section 730.410 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Final administrative decisions of the Treasurer are subject to review under the
			 provisions of the Administrative Review Law.
b) The Treasurer shall certify the record of
			 its Administrative Hearing proceedings.
c) In all cases in which administrative
			 review is sought in the circuit court, the original certification of the
			 administrative record will be filed by the Treasurer with the Clerk of the
			 Circuit Court. Additional copies will also be prepared by the Treasurer and
			 forwarded to the Illinois Attorney General. The Party seeking administrative
			 review shall bear the cost of producing the original and copies of the
			 certified record. The cost of the record may be waived when the Treasurer is
			 satisfied that the Party seeking review under the Administrative Review Law
			 cannot afford to pay those costs.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart A - INTRODUCTION AND PURPOSE OF PROGRAM › Section 735.110 - Purpose of Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)  The Act requires the Treasurer to
receive the
				  revenues and all other public moneys of the State, and all moneys authorized by
				  law to be paid to the Treasurer, and safely keep the same.
The Act
				  also provides that
revenue received by the State in the form of coins,
				  cash, checks, drafts, electronic fund transfers, electronic checks, credit card
				  payments, debit card payments, or other similar payment instruments and the
				  processing thereof shall be authorized for acceptance and collection by the
				  State Treasurer
.  [15 ILCS 505/7  ] Pursuant to this authority, the
				  Treasurer maintains contractual relationships with vendors in order to process
				  financial transactions, such as credit card processing and electronic checks,
				  on the State's behalf.
b)  The Act permits the Treasurer to establish an
E-Pay program to supplement and enhance both the investment
				  opportunities and the secure electronic payment options otherwise available to
				  other custodians of public funds for public agencies in this State
[15
				  ILCS 505/17  ].
c)  Pursuant to this authority, the Treasurer has established
				  the E-Pay Program that provides a convenient, secure and affordable electronic
				  payments processing option to facilitate the acceptance and processing of
				  credit card, debit card and electronic check (E-check) payments to public
				  agencies. The management, administration, processing and settlement of
				  electronic payments are provided by the Treasurer and its vendors, selected
				  through a competitive bidding process.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart B - DEFINITIONS › Section 735.210 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a)  The following materials are incorporated by reference in
				  this Part:
PCI Security Standards Council, LLC, 401 Edgewater Place,
				  Suite 600, Wakefield MA 01880
Payment Card Industry (PCI) Data Security Standard v.3.2.1
				  (May 2018);
https://www.pcisecuritystandards.org/documents/PCI_DSS_v3-2-1.pdf
Payment Card Industry (PCI) Data Security Standard v.4.0 (March 2022);
https://www.pcisecuritystandards.org/documents/PCI-DSS-v4_0.pdf
b)  The materials incorporated by reference in this Section
				  are incorporated as of the date specified and do not include any later
				  amendments or editions.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart C - ADMINISTRATION › Section 735.300 - Treasurer Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)  The Treasurer will procure and designate a credit/debit
				  card and electronic check payment processing vendor to provide electronic
				  payment services via point-of-sale, internet and telephone for the E-Pay
				  Program. This shall include the acceptance of major credit/debit card providers
				  and E-checks for all participants.
b)  Pursuant to PCI Data Security Standards, the E-Pay Program
				  will comply with operational and technical requirements for accepting or
				  processing payment transactions, and for software developers and manufacturers
				  of applications and devices used in those transactions.
c)  The Treasurer is responsible for the administration of the
				  E-Pay Program and will perform the following:
1)  Review the eligibility of public agencies prior to
				  enrollment;
2)  Establish enrollment, quality control, and maintenance
				  requirements and processes;
3)  Establish terms and conditions;
4)  Establish customer service processes;
5)  Procure any necessary services administered through the
				  E-Pay Program;
6)  Retain documents in compliance with the State Records Act
				   [5 ILCS 160  ] and the State Records Commission administrative rules (44 Ill.
				  Adm. Code 4400);
7)  Respond to waiver requests for a State agency's required
				  participation in the E-Pay Program in accordance with Section 735.420;
				  and
8)  Other tasks necessary to administer the E-Pay
				  Program.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart C - ADMINISTRATION › Section 735.310 - Processor Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The Processor is responsible for the day-to-day management of
				  the E-Pay Program and will perform the following:
a)  Enroll public agencies into the E-Pay Program as
				  determined by the Treasurer;
b)  Provide for electronic credit card and check payment
				  services via multiple payment formats in accordance with PCI data security
				  standards and industry best practices;
c)  Provide customer service as determined by the
				  Treasurer;
d)  Distribute funds from E-Pay Program activity into the
				  participant's settlement account or to third-party service providers as
				  described in Section 735.500;
e)  Retain copies of participant documents, including the
				  enrollment form;
f)  Charge participants for the applicable services in
				  accordance with the cost schedule;
g)  Provide the Treasurer and participants with sufficient
				  reports and/or the ability to run reports; and
h)  File the participant's accurate 1099K with the Internal
				  Revenue Service by the due date.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart C - ADMINISTRATION › Section 735.320 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by law, the Treasurer shall permit
				  participants to absorb the processing fees associated with electronic payment
				  services or pass the processing fees to constituents. Processing fees shall be
				  publicly available and disclosed to public agencies prior to enrollment.
				  Processing fees will be established through the competitive procurement of the
				  processor. Processing fees may include, but are not limited to:
a) Cost of interchange rates, dues,
				assessments, and any other pass through fees from the issuing credit card bank
				and the card networks;
b) Fees
				collected by the processor for the authorization, clearing, and settlement of
				credit card transactions and electronic check payments; and
c) Fees paid to the Treasurer by the
				processor for the program administration, pursuant to Section 735.300.
				Administrative fees paid to the Treasurer shall not exceed the product of 25
				basis points multiplied by the monthly processing volume, excluding transaction
				fees.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart D - PARTICIPATION AND ENROLLMENT IN THE PROGRAM › Section 735.400 - Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a)  The E-Pay Program is offered to public agencies to
				  facilitate the acceptance and processing of credit card, debit card or E-check
				  payments. The E-Pay Program is offered to local governments to facilitate the
				  acceptance and processing of credit card payments as authorized by the Local
				  Government Acceptance of Credit Cards Act  [50 ILCS 345  ].
b)  In order to participate in the E-Pay Program, a public
				  agency shall submit an enrollment form and agree to the terms and conditions
				  established by the Treasurer and its vendors.
c)  State agencies, when accepting or processing credit card,
				  debit card or E-check payments to be held within the State Treasury, must
				  either participate in the E-Pay Program or receive a waiver in accordance with
				  Section 735.420 in order to comply with Section 7 of the Act.
d)
Participation in the Public Treasurers' Investment
				  Pool shall not be a prerequisite for participation in the Treasurer's E-Pay
				  Program
.  [15 ILCS 505/17  ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart D - PARTICIPATION AND ENROLLMENT IN THE PROGRAM › Section 735.410 - Enrollment

Current through Register Vol. 48, No. 28, July 12, 2024
A public agency may enroll in the E-Pay Program on documents
				  prescribed by the Treasurer and its vendors. Electronic signatures are
				  permitted when electronically submitting any documents, E-Pay agreements, or
				  master services agreements.
a) The
				enrollment form shall require public agencies to provide the following
				information for the public agency and may require this information for any
				custodians that are not the public agency itself:
1) names;
2) tax identification numbers;
3) mailing and physical street
				addresses;
4) email
				addresses;
5) phone
				numbers;
6) name and title of the
				person who will be the principal;
7) processing and technical requirements to
				be used;
8) settlement banks;
				and
9) any additional information
				needed to assist in clarifying when the enrollment form is unclear or
				insufficient.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart D - PARTICIPATION AND ENROLLMENT IN THE PROGRAM › Section 735.420 - Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
The Treasurer may waive a State agency's required
				  participation in the E-Pay Program for a specified duration of time when the
				  Treasurer determines a waiver is in the best interest of the State.
a)  A State agency seeking a waiver may submit a waiver
				  application to the Treasurer. The Treasurer will prescribe the information
				  required from a State agency in applying for a waiver, which may include the
				  following information:
1)  the name of the State agency seeking the waiver;
2)  a contact person at the State agency who is responsible
				  for the application and any further contact information the Treasurer requests
				  from the State agency;
3)  the basis for the requested waiver, which must include any
				  applicable considerations listed in subsection (b);
4)  information regarding any procurement utilized by the
				  State agency to procure existing payment processing or other related
				  services;
5)  the requested duration of the waiver; and
6)  any additional information requested by the Treasurer in
				  evaluating the waiver request.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart D - PARTICIPATION AND ENROLLMENT IN THE PROGRAM › Section 735.430 - Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a)  In the event that a participant's E-Pay Program services
				  fail to comply with the terms and conditions of the process as set forth in the
				  master services agreement under Section 735.410(b), or the Treasurer as set
				  forth in the E-Pay agreement under Section 735.410(c), the Treasurer may freeze
				  and/or terminate any or all of the participant's E-Pay Program services.
b)  Prior to freezing or terminating any services, the
				  Treasurer will provide a minimum of 24 hours' notice of the intent to freeze or
				  terminate that identifies the grounds for that action. If satisfactory remedial
				  action is not taken by the participant and/or its recipient within the notice
				  period, the Treasurer will freeze or terminate the services depending upon the
				  notice given.
c)  The Treasurer may freeze any or all of the participant's
				  E-Pay Program services without notice in any of the following
				  circumstances:
1)  if there is illegal, or suspected illegal, use of the
				  E-Pay Program services;
2)  use of the E-Pay Program services that is unauthorized by
				  the participant, or suspected to be so unauthorized; or
3)  any reason that E-Pay Program services cannot be provided
				  through no fault of the Treasurer's (e.g., problems with the settlement
				  bank).
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 735 - E-PAY PROGRAM › Subpart E - SETTLEMENT › Section 735.500 - Settlement Account

Current through Register Vol. 48, No. 28, July 12, 2024
Funding from the E-Pay Program activity will be distributed
				  by the processor into settlement accounts at the participant's settlement
				  banks, except that where a participant incurs charges for services provided by
				  a third party and ancillary to the E-Pay Program, the participant may direct
				  the processor to distribute relevant fees for services to the third-party
				  service provider. The Treasurer may give public agencies the option of using
				  their own settlement banks, a settlement bank selected by the Treasurer via a
				  competitive procurement process, or the processor's settlement bank. The
				  participant's settlement bank must, at minimum, be authorized to do business in
				  Illinois as an Illinois bank or a national bank with a presence in Illinois. In
				  addition, the participant's settlement bank must be insured by the Federal
				  Deposit Insurance Corporation or the National Credit Union Share Insurance
				  Fund, be a member of the Automated Clearing House network, and qualify as a
				  depository for public funds pursuant to either the Public Funds Investment Act
				   [30 ILCS 235  ] or the Deposit of State Moneys Act  [15 ILCS
				  520  ].
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 740 - ILLINOIS PUBLIC TREASURERS' INVESTMENT POOL FOR PUBLIC TREASURERS IN THE STATE OF ILLINOIS › Subpart A - INTRODUCTION AND PURPOSE › Section 740.100 - Establishment

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs the Illinois Public Treasurers' Investment
				  Pool for Public Treasurers in the State of Illinois, permitted by Sections 7
				  and 17 of the Act.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 740 - ILLINOIS PUBLIC TREASURERS' INVESTMENT POOL FOR PUBLIC TREASURERS IN THE STATE OF ILLINOIS › Subpart A - INTRODUCTION AND PURPOSE › Section 740.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Act allows
				the Treasurer to establish and administer a Public Treasurers' Investment Pool
				called Illinois Funds to supplement and enhance the investment opportunities
				otherwise available to other custodians of public funds for public agencies in
				this State.
b) In administering the
				Illinois Public Treasurers' Investment Pool, the Act permits the Treasurer to
receive public funds paid into the pool by any other custodian of such
				funds
and
to serve as the fiscal agent of that custodian of
				public funds for the purpose of holding and investing those funds
. [
				15 ILCS
				505/17 ]
c) Pursuant to this authority, the Treasurer
				has established IPTIP, which provides units of State and local government a
				convenient investment pool option that utilizes the Treasurer's resources to
				safely invest their funds while allowing participants to enjoy economies of
				scale. IPTIP allows participants to safely invest their monies, while providing
				a competitive rate of return and daily access to invested funds. IPTIP assists
				participants in complying with the Deposit of State Moneys Act [ 15 ILCS 520 ]
				or the Public Funds Investment Act [ 30 ILCS 235 ], as applicable.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 740 - ILLINOIS PUBLIC TREASURERS' INVESTMENT POOL FOR PUBLIC TREASURERS IN THE STATE OF ILLINOIS › Subpart B - DEFINITIONS › Section 740.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the State Treasurer Act [15 ILCS 505  ].
"Custodian Bank" means the financial institution, designated
				  by the Treasurer, responsible for fund accounting, recordkeeping, transfer
				  agent, custodial and trust services for IPTIP.
"Custodian Bank Agreement" means the participant agreement
				  that sets forth the Custodian Bank's terms and conditions.
"Custodial Accounts" means the accounts established for a
				  public agency to hold and invest public funds.
"Enrollment Form" means the form provided by the Treasurer to
				  collect the required pertinent participant information prior to the deposit of
				  any public funds in IPTIP.
"Fiscal Agent" means the Treasurer of the State of Illinois
				  or their designees.
"Illinois Funds Agreement" means the participant agreement
				  that sets forth the Treasurer's terms and conditions for participation in
				  IPTIP.
"IPTIP" or "Illinois Funds" means the Illinois Public
				  Treasurers' Investment Pool provided to public agencies to supplement and
				  enhance investment opportunities otherwise available to managers of public
				  funds or public agencies in the State.
"Participant" means a public agency that has been accepted by
				  the Treasurer and enrolled into IPTIP.
"Pool" means combined public monies invested through
				  IPTIP.
"Principal" means an individual who is authorized by the
				  public agency or statute to execute contractual agreements on behalf of the
				  public agency.
"Public Agency" has the same meaning as in Section 17 of the
				  Act. Questions regarding whether an entity qualifies as a component unit of a
				  public agency shall be resolved by the Treasurer, referring to Governmental
				  Accounting Standards Board (GASB) pronouncements, including, but not limited
				  to, GASB Statement 14: The Financial Reporting Entity. Component units need not
				  be limited to those entities which may be designated as component units by the
				  Illinois Office of the Comptroller and may include, but need not be limited to,
				  area agencies on aging and other providers under the Illinois Act on the Aging,
				  [20 ILCS 105  ].
"Public Funds" means
current operating funds, special
				  funds, interest and sinking funds, and funds of any kind or character belonging
				  to or in the custody of any public agency
. [30 ILCS 235/1  ]
"Signer" means the individual authorized by the principal,
				  public agency, or statute to open, close or make changes to a custodial
				  account.
"Trader" means the individuals authorized by the principal or
				  signer to do any or all of the following: receive balance and transaction
				  information on the custodial account, make changes to the custodial account,
				  and direct investments.
"Treasurer" means the duly elected Treasurer of the State of
				  Illinois or their designees.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 740 - ILLINOIS PUBLIC TREASURERS' INVESTMENT POOL FOR PUBLIC TREASURERS IN THE STATE OF ILLINOIS › Subpart C - ADMINISTRATION › Section 740.300 - Treasurer Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The Treasurer is responsible for overseeing the management of
				  IPTIP and will perform the following:
a) review the eligibility of public agencies
				prior to enrollment;
b) establish
				enrollment, quality control and maintenance requirements and
				processes;
c) establish terms and
				conditions;
d) establish customer
				service processes;
e) determine the
				administrative fees paid from earnings of IPTIP in accordance with Section
				330;
f) notify all participants of
				any increase in the administrative fee above 5 basis points, in accordance with
				Section 330;
g) provide investment
				management services through the use of authorized securities to achieve
				investment returns for the participants;
h) procure any necessary custodial,
				investment, or banking services administered through IPTIP;
i) retain documents in compliance with State
				statutes, including the State Records Act [ 5 ILCS 160 ], the State Records
				Commission administrative rules (44 Ill. Adm. Code 4400) and the Treasurer's
				Application for Authority to Dispose of State Records (Application 98-02M),
				approved by the State Records Commission;
j) provide administrative accounting;
				and
k) other tasks necessary to
				administer IPTIP.