reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.602 - Notice of Board Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Clerk will serve the parties with the hearing officer's notice of a hearing
				at least 21 days before the hearing.
b) The Clerk will provide notice of all
				hearings, except for administrative citation hearings, in a newspaper of
				general circulation in the county in which the facility or pollution source is
				located, or where the activity in question occurred. Unless otherwise required
				by applicable law, when a hearing is to be held to satisfy the public hearing
				requirement of the Clean Air Act (
				42 USC
				7401 et seq.) for State Implementation Plan
				revisions, the Clerk will give notice of the hearing by publication in the
				Illinois Register in lieu of newspaper notice. Notice must be published at
				least 21 days before the hearing. If the proceeding involves federal rules that
				the State has been delegated authority to administer, notice must be published
				at least 30 days before the hearing.
c)
Whenever a proceeding before the
				Board may affect the right of the public individually or collectively to the
				use of community sewer or water facilities provided by a municipally owned or
				publicly regulated company, the Board shall at least 30 days prior to the
				scheduled date for the first hearing in the proceeding, give notice of the
				date, time, place, and purpose of the hearing by public advertisement in a
				newspaper of general circulation in the area of the State concerned
[
				415 ILCS
				5/33(c) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.604 - Formal Board Transcript

Current through Register Vol. 48, No. 28, July 12, 2024
All Board hearings will be transcribed by a certified court
				  reporter in compliance with Section 32 of the Act or other applicable law. Any
				  party or witness may file a motion with the hearing officer to correct the
				  transcript within 21 days after the Board receives the transcript. If a party
				  or witness fails to timely file a motion to correct the transcript, the party
				  or witness waives the right to correct, unless material prejudice would
				  result.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.606 - Informal Recordings of the Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Informal recording of Board proceedings is allowed as
				  provided for in this Section. The hearing officer may prohibit audio or video
				  recording at hearing if a witness refuses to testify on the grounds that the
				  witness must not be compelled to testify if any portion of the testimony is to
				  be broadcast or televised. If the hearing officer determines that recording is
				  disruptive or detrimental to proper development of the record, the hearing
				  officer may limit or prohibit audio and video recording.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.608 - Default

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a party fails
				to appear at the hearing, or fails to proceed as the Board or hearing officer
				ordered, the party defaults.
b) If
				a respondent fails to appear at hearing, the complainant or petitioner must
				prove its prima facie case to prevail on the merits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.610 - Duties and Authority of the Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer has the duty to manage proceedings
				  assigned, to set hearings, to conduct a fair hearing, to take all necessary
				  action to avoid delay, to maintain order, and to ensure development of a clear,
				  complete, and concise record for timely transmission to the Board. The hearing
				  officer has all powers necessary to these ends, including the authority
				  to:
a) Require parties to proceed to
				hearing and establish a schedule for, and notice and service of, any prefiled
				submission of testimony and written exhibits;
b) Administer oaths and
				affirmations;
c) Allow for the
				examination of or examine witnesses to ensure a clear and complete
				record;
d) Regulate the course of
				the hearing, including controlling the order of proceedings;
e) Establish reasonable time limits on the
				testimony and questioning of any witness, and limit repetitive or cumulative
				testimony and questioning;
f)
				Determine that a witness is adverse, hostile, or unwilling under Section
				101.624;
g) Issue an order compelling the answers to
				interrogatories or responses to other discovery requests;
h) Order the production of evidence under
				Section
				101.614;
i) Order the filing of any required Agency
				record, OSFM record, local siting authority record, or recommendation in a
				manner that provides for a timely review and development of issues prior to the
				hearing and consistent with any statutory decision deadline;
j) Initiate, schedule, and conduct a
				pre-hearing conference;
k) Order a
				briefing and comment schedule and exclude late-filed briefs and comments from
				the record;
l) Rule upon objections
				and evidentiary questions;
m) Order
				discovery under Sections
				101.614
				and
				101.616;
n) Rule on any motion directed to the hearing
				officer or deferred to the hearing officer by the Board consistent with Section
				101.502;
o) Set status report schedules;
p) Require all participants in a rulemaking
				or TLWQS proceeding to state their positions regarding the proposal or
				petition, as applicable; and
q)
				Rule upon offers of proof and receive evidence and rule upon objections to the
				introduction of evidence.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.612 - Schedule to Complete the Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing officer will establish a
				schedule to complete the record by hearing officer order. The schedule may
				provide dates and deadlines for pre-hearing conferences, discovery completion,
				and hearing and post-hearing submissions (including public comments). The
				schedule must provide for a completed record at least 30 days before the
				decision date, unless the hearing officer orders otherwise to prevent material
				prejudice. The hearing officer will file the schedule with the Clerk and serve
				a copy of the schedule on all parties in compliance with Subpart C.
b) The hearing officer may rule upon any
				motion to revise the schedule to complete the record. The hearing officer may
				grant the motion to the extent that the revised schedule provides for a
				completed record at least 30 days before the decision date or to prevent
				material prejudice. If the hearing officer grants a motion to revise the
				schedule, the hearing officer will file the revised schedule with the Clerk and
				serve a copy of the revised schedule on all parties in compliance with Subpart
				C. (See also Section
				101.510(d).)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.614 - Production of Information

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer may, on his or her own motion or on the
				  motion of any party, order the production of information that is relevant to
				  the matter under consideration. The hearing officer will deny, limit or
				  condition the production of information when necessary to prevent undue delay,
				  undue expense, or harassment, or to protect materials from disclosure
				  consistent with Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code
				  130.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.616 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
The assigned hearing officer will set all time deadlines for
				  discovery not already provided for in this Subpart consistent with Board
				  deadlines. For discovery, the Board may look to the Code of Civil Procedure and
				  the Illinois Supreme Court Rules for guidance when the Board's procedural rules
				  are silent (see Section
				  101.100(b)
				  ). All discovery disputes will be handled by the assigned hearing
				  officer.
a) All relevant information
				and information calculated to lead to relevant information is discoverable,
				excluding those materials that would be protected from disclosure in the courts
				of this State under statute, Supreme Court Rules or common law, and materials
				protected from disclosure under 35 Ill. Adm. Code 130.
b) If the parties cannot agree on the scope
				of discovery or the time or location of any deposition, the hearing officer has
				the authority to order discovery or to deny requests for discovery.
c) All discovery must be completed at least
				ten days prior to the scheduled hearing in the proceeding unless the hearing
				officer orders otherwise.
d) The
				hearing officer may, on his or her own motion or on the motion of any party or
				witness, issue protective orders that deny, limit, condition or regulate
				discovery to prevent unreasonable expense, or harassment, to expedite
				resolution of the proceeding, or to protect non-disclosable materials from
				disclosure consistent with Sections 7 and 7.1 of the Act and 35 Ill. Adm. Code
				130.
e) Unless a claim of privilege
				is asserted, it is not a ground for objection that the testimony of a deponent
				or person interrogated will be inadmissible at hearing, if the information
				sought is reasonably calculated to lead to relevant information. Any appeals of
				rulings by the hearing officer regarding discovery must be in writing and filed
				with the Board prior to hearing.
f)
				Failure to comply with any order regarding discovery may subject the offending
				persons to sanctions under Subpart H.
g) If any person serves any request for
				discovery or answers to discovery for any improper purpose, such as to harass
				or to cause unnecessary delay or needless increase in the cost of litigation,
				or knowingly gives a false answer to discovery questions, the Board, on its own
				motion or the motion of a party, may impose sanctions under Subpart
				H.
h) A party must amend any prior
				responses to interrogatories, requests for production, or requests for
				admission if the party learns that the response is in some material respect
				incomplete or incorrect, and the additional or corrected information has not
				otherwise been made known to the other parties during the discovery process or
				in writing.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.620 - Interrogatories

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless the
				hearing officer orders otherwise, a party may serve a maximum of 30 written
				interrogatories, including subparts, on any other party, no later than 35 days
				before hearing.
b) Within 28 days
				after service, the party to whom the interrogatory is directed must serve the
				answers and objections, if any, upon the party submitting the interrogatories.
				Each interrogatory must be answered separately and fully in writing under oath,
				unless it is objected to. Answers must be signed by the person making them and
				objections must be signed by the attorney making them or, if an individual
				represents himself or herself, the individual making them.
c) Grounds for an objection to an
				interrogatory must be stated with specificity, and be accompanied by a copy of
				the interrogatory. Any ground that is not stated in a timely objection is
				waived unless waiver would result in material prejudice or good cause for the
				delay is shown.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.622 - Subpoenas and Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				request by any party to a contested proceeding, the Clerk will issue subpoenas
				for the attendance of witnesses at a hearing or deposition. Subpoena forms are
				available at the Board's Chicago office. The person requesting the subpoena is
				responsible for completing the subpoena and serving it upon the
				witness.
b) Service of the subpoena
				on the witness must be completed no later than ten days before the date of the
				required appearance. A copy of the subpoena must be filed with the Clerk and
				served upon the hearing officer within seven days after service upon the
				witness. Failure to serve both the Clerk and the hearing officer makes the
				subpoena null and void. Service and filing must comply with Subpart
				C.
c) Subpoenas may include a
				command to produce books, papers, documents, or other tangible things
				designated in the subpoena and relevant to the matter under
				consideration.
d) The hearing
				officer, upon motion made promptly and in any event at or before the time
				specified in the subpoena for compliance, may quash or modify the subpoena if
				it is unreasonable or irrelevant. The hearing officer, under the standards of
				Section
				101.614,
				will rule upon motions to quash or modify material requested in the subpoena
				under subsection (c).
e) Each
				witness subpoenaed by a party under this Section is entitled to receive witness
				fees from that party as provided in Section
				4.3 of the Circuit
				Courts Act [
				705 ILCS 35/4.3
				].
f) Unless the hearing officer
				orders otherwise, any witness subpoenaed for a deposition may be required to
				attend only in the county in which he or she resides or maintains an office
				address. Consistent with Illinois Supreme Court Rule 206(d), all depositions
				must be limited to 3 hours in length unless the parties and the non-party
				deponent by stipulation agree to a longer time frame or unless the hearing
				officer orders otherwise after a showing of good cause.
g) Failure of any witness to comply with a
				subpoena will subject the witness to sanctions under this Part, or the judicial
				enforcement of the subpoena. The Board may, upon proper motion by the party
				requesting the subpoena, request the Attorney General to pursue judicial
				enforcement of the subpoena on behalf of the Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.624 - Examination of Adverse, Hostile, or Unwilling Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adverse Witnesses. At hearing, upon motion
				granted by the hearing officer, any party, or any person for whose immediate
				benefit the proceeding is prosecuted or defended, or any officers, directors,
				managing agents, or foremen of any party may be called as an adverse witness
				consistent with Section 2-1102 of the Code of Civil Procedure. Adverse
				witnesses may be examined as if under cross-examination. The party calling the
				adverse witness may rebut the testimony and may impeach the witness.
b) Hostile or Unwilling Witnesses. If the
				hearing officer determines that any witness is hostile or unwilling, the
				witness may be examined by the party calling the witness as if under
				cross-examination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.626 - Information Produced at Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
In compliance with Section 10-40 of the IAPA, the hearing
				  officer will admit evidence that is admissible under the rules of evidence as
				  applied in the civil courts of Illinois, except as otherwise provided in this
				  Part or 35 Ill. Adm. Code 105.
a)
				Evidence. The hearing officer may admit evidence that is material, relevant,
				and would be relied upon by prudent persons in the conduct of serious affairs,
				unless the evidence is privileged.
b) Admissibility of Evidence. When the
				admissibility of evidence depends upon a good faith argument as to the
				interpretation of substantive law, the hearing officer will admit the
				evidence.
c) Scientific Articles
				and Treatises. Relevant scientific or technical articles, treatises, or
				materials may be introduced into evidence by a party. The materials are subject
				to refutation or disputation through introduction of documentary evidence or
				expert testimony.
d) Written
				Testimony. Written testimony may be introduced by a party in a hearing only if
				provided to all other parties of record before the date of the hearing and only
				after the opposing parties have had an opportunity to object to the written
				testimony and to obtain a ruling on the objections before its introduction.
				Written testimony may be introduced by a party only if the persons whose
				written testimony is introduced are available for cross-examination at
				hearing.
e) Admission of Business
				Records. A writing or record, whether in the form of any entry in a book or
				otherwise made as a memorandum or record of any act, transaction, occurrence,
				or event, may be admissible as evidence of the act, transaction, occurrence, or
				event. To be admissible, the writing or record must have been made in the
				regular course of business, if it was the regular course of business to make
				the memorandum or record at the time of the act, transaction, occurrence, or
				event, or within a reasonable time afterwards. All other circumstances of the
				making of the writing or record, including lack of personal knowledge by the
				entrant or maker, may be admitted to affect the weight of the evidence, but
				will not affect admissibility. The term "business," as used in this subsection
				(e), includes businesses, professions, occupations, and callings of every
				kind.
f) Prior Inconsistent
				Statements. Prior statements made under oath may be admitted to impeach a
				witness if the statement is inconsistent with the witness' testimony at
				hearing.
g) Oral and Written
				Statements. Oral and written statements from participants may be taken at
				hearing under Section
				101.628.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.627 - Electronic Filing of Hearing Exhibits After Adjudicatory or TLWQS Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Scope. After an
				adjudicatory or TLWQS hearing, an accurate reproduction of each exhibit offered
				for admission at the hearing must be electronically filed through COOL under
				Subpart J by the party or participant who offered the exhibit, unless the
				hearing officer determines that it is not practicable for the offering party or
				participant to do so.
1) This electronic
				filing requirement:
A) Applies regardless of
				whether the hearing exhibit was admitted by the hearing officer; and
B) Does not apply to a hearing exhibit that
				contains information claimed or determined to be a trade secret or other
				nondisclosable information under 35 Ill. Adm. Code 130, but it does apply to
				the version of the exhibit that is redacted under 35 Ill. Adm. Code
				130.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.628 - Statements from Participants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Oral Statements. The hearing officer may
				permit a participant to make oral statements on the record when time,
				facilities, and concerns for a clear and concise hearing record so allow. The
				oral statements must be made under oath and are subject to cross-examination.
				(See Sections
				101.110 and
				101.114.)
b) Written Statements. Any participant may
				submit written statements relevant to the subject matter at any time before
				hearing or at hearing. The participant submitting the statement will be subject
				to cross-examination by any party. Written statements submitted without the
				availability of cross-examination will be treated as public comment in
				compliance with subsection (c) and will be afforded lesser weight than evidence
				subject to cross-examination.
c)
				Public Comments or Amicus Curiae Briefs. Oral public comment may be made on the
				record at a hearing and is not subject to cross-examination. Additionally,
				participants may file written public comments subject to the requirements of
				this Section and the hearing officer's schedule for completing the record. The
				Board also allows for the filing of amicus curiae briefs by non-party
				participants. Amicus curiae briefs will be allowed in compliance with Section
				101.110.
1) Written public comments must be
				filed within 14 days after the close of the last hearing unless the hearing
				officer specifies a different date for submission of post-hearing comments.
				However, all public comments must be filed with the Board no later than 30 days
				before the decision date, unless the hearing officer orders otherwise to
				prevent material prejudice. Consistent with the burden of proof in an
				adjudicatory proceeding or with the designation of the proponent in a
				rulemaking or the petitioner in a TLWQS proceeding, the hearing officer may
				provide for differing filing deadlines regarding post-hearing comments by
				different persons. Under hearing officer order, rebuttal public comments may be
				submitted.
2) All public comments
				must present arguments or comments based on evidence in the record. The
				comments may also present legal argument citing legal authorities.
3) Comments must be filed with the
				Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.630 - Official Notice and Evidence Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Official notice may be taken of:
1) Matters of which the circuit courts of
				this State may take judicial notice; and
2) Generally recognized technical or
				scientific facts within the Board's specialized knowledge.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart F - HEARINGS, EVIDENCE, AND DISCOVERY › Section 101.632 - Site Visits

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the request of any party or the Board's own motion, the
				  Board may conduct a site visit to establish a more comprehensive record. If the
				  site is part of an adjudicatory proceeding, the Board will notify all parties
				  in advance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart G - ORAL ARGUMENT › Section 101.700 - Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board may hear oral argument upon written motion of a party or the Board's own
				motion. The oral argument will be transcribed by a stenographer provided by the
				Board and become part of the record of the proceedings before the Board. The
				purpose of oral argument is to address legal questions. Oral argument is not
				intended to address new facts.
b)
				Motions for oral argument must contain arguments supporting the grant of the
				motion for oral argument. In considering a motion for oral argument, the Board
				will consider, but is not limited to considering, the uniqueness of the issue
				or proceeding and whether the issue or proceeding involves a conflict of
				law.
c) In any proceeding with a
				statutory decision deadline, the Board will deny the request for oral argument
				if there is insufficient time to schedule oral argument and allow time for the
				Board to issue its decision.
d) If
				the Board grants the motion for oral argument, it will issue an order stating a
				schedule for oral argument that may include a briefing schedule. The brief will
				be limited to the issues for which oral argument was granted.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart H - SANCTIONS › Section 101.800 - Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing Officer Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				any person unreasonably fails to comply with any provision of 35 Ill. Adm. Code
				101 through 130 or any order entered by the Board or the hearing officer,
				including any subpoena issued by the Board, the Board may order sanctions. The
				Board may order sanctions on its own motion, or in response to a motion by a
				party.
b) Sanctions include the
				following:
1) Further proceedings may be
				stayed until the order or rules are complied with, except in proceedings with a
				statutory decision deadline. Proceedings with a statutory decision deadline may
				be dismissed before the date on which decision is due;
2) The offending person may be barred from
				filing any other pleading or other document relating to any issue to which the
				refusal or failure relates;
3) The
				offending person may be barred from maintaining any claim, counterclaim,
				third-party complaint, or defense relating to that issue;
4) As to claims or defenses asserted in any
				pleading or other document to which that issue is material, a judgment by
				default may be entered against the offending person or the proceeding may be
				dismissed with or without prejudice;
5) Any portion of the offending person's
				pleadings or other documents relating to that issue may be stricken and, if
				appropriate, judgment may be entered as to that issue; and
6) The witness may be barred from testifying
				concerning that issue.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart H - SANCTIONS › Section 101.802 - Abuse of Discovery Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Board or the hearing officer may order that information
				  obtained through abuse of discovery procedures be suppressed. If a person
				  willfully obtains or attempts to obtain information by an improper discovery
				  method, willfully obtains or attempts to obtain information to which he is not
				  entitled, or otherwise abuses discovery rules, the Board or hearing officer may
				  enter any order provided for in this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart I - REVIEW OF FINAL BOARD OPINIONS AND ORDERS › Section 101.902 - Motions for Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
In ruling upon a motion for reconsideration, the Board will
				  consider factors including new evidence, or a change in the law, to conclude
				  that the Board's decision was in error. (See also Section
				  101.520.)
				  A motion for reconsideration of a final Board order is not a prerequisite to
				  appealing the final Board order.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart I - REVIEW OF FINAL BOARD OPINIONS AND ORDERS › Section 101.904 - Relief from Final Opinions and Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon its own motion or motion of any
				party, the Board may correct clerical mistakes in orders or other parts of the
				record and errors in the record arising from oversight or omission before the
				appeal is docketed in the appellate court. While the appeal is pending, the
				mistakes may be corrected only with permission of the appellate court. Any
				corrected order will be delivered to all parties and participants in that
				proceeding.
b) On written motion,
				the Board may relieve a party from a final order entered in a contested
				proceeding, for the following:
1)
				Newly-discovered evidence that existed at the time of hearing and that by due
				diligence could not have been timely discovered;
2) Fraud (whether intrinsic or extrinsic),
				misrepresentation, or other misconduct of an adverse party; or
3) Void order, such as an order based upon
				jurisdictional defects.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart I - REVIEW OF FINAL BOARD OPINIONS AND ORDERS › Section 101.906 - Judicial Review of Board Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) Under Sections 29(a), 38.5(j), and 41(a)
				of the Act and Illinois Supreme Court Rule 335, judicial review of final Board
				orders is available directly in the appellate court. However, under Section
				11-60 of the Property Tax Code [
				35
				ILCS 200/11-60 ], judicial review of final Board
				orders in tax certification proceedings is available from the circuit
				court.
b) For judicial review, a
				final Board order is appealable as of the date of service of the final order
				upon the appealing person (see Section
				101.300(d)
				).
c) The procedure for stay of any
				final Board order during appeal will be as provided in Supreme Court Rule
				335.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart I - REVIEW OF FINAL BOARD OPINIONS AND ORDERS › Section 101.908 - Interlocutory Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Upon motion of any party, the Board may consider an
				  interlocutory appeal consistent with Illinois Supreme Court Rule
				  308.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1000 - Electronic Filing and E-Mail Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board provides the opportunity to file
				and access documents electronically through its Clerk's Office On-Line (COOL).
				COOL is located on the Board's website (pcb.illinois.gov). The Board has taken
				steps designed to ensure the integrity and security of COOL in compliance with
				State policies developed under the Electronic Commerce Security Act [ 5 ILCS
				175 ].
b) To file an electronic
				document in a Board proceeding, a person must upload the document on COOL.
				Electronic filing is not accomplished by sending a document to the e-mail
				address of the Clerk or hearing officer.
c) Except as provided in Section
				101.302(h)(3),
				(h)(4), and (j) and Section
				101.1050,
				all documents must be filed through COOL. However, if filing through COOL is
				not practicable, the Board, the hearing officer, or the Clerk may grant
				permission to file in paper.
d)
				Generally, the Clerk's Office will not accept paper documents for filing;
				however, the Clerk's Office will convert paper-filed documents into electronic
				documents and place them on COOL, when permission to file a paper document is
				granted under subsection (c).
e)
				All documents filed with the Board may be served by e-mail except for
				enforcement complaints, administrative citations, and EMSA statements of
				deficiency. (See Section
				101.304(c)
				and Section
				101.1060.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1010 - Electronic Filing Authorization and Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person seeking to upload a document on
				COOL for filing must have been issued a State of Illinois digital signature
				certificate under Section 15-310 of the Electronic Commerce Security Act. (See
				5 ILCS
				175/15-310.) A link to the subscriber agreement and
				application for a State of Illinois digital signature certificate is available
				through COOL.
1) Maintaining digital signature
				confidentiality is the responsibility of the holder of the digital signature
				certificate. The certificate holder is responsible for any document
				electronically filed by anyone using his or her digital signature
				certificate.
2) The digital
				signature certificate holder is responsible for keeping his or her contact
				information current.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1020 - Filing Electronic Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) COOL. To file an electronic document
				through COOL, the document must first be uploaded on COOL.
b) Digital Signature Certificate. Uploading a
				document on COOL requires a valid State of Illinois digital signature
				certificate.
c) Uploading Hours.
				Electronic documents may be uploaded on COOL 24 hours per day, every
				day.
d) E-Mail Receipt. Uploading a
				document on COOL will generate an e-mail receipt for the digital signature
				certificate holder. The receipt will verify the date and time when the document
				was uploaded on COOL.
e) Time of
				Filing. Subject to subsection (f), an electronic document uploaded on COOL will
				be considered filed as of the date and time specified on the e-mail receipt
				generated under subsection (d), except that:
1) A document uploaded on a Saturday or
				Sunday, on a national or State legal holiday, or after 4:30 p.m. on a weekday
				is considered filed the next business day.
2) A document uploaded without one or more
				portions of the filing (e.g., oversized exhibit; trade secret or
				non-disclosable information; copyrighted document proposed for incorporation by
				reference in a rule) or without a required oath, affidavit, notarization,
				signature, or filing fee is considered filed on the date that the Clerk
				receives the document's last missing item, except as provided in subsection
				(e)(2)(A) or (e)(2)(B). If the Clerk receives the document's last missing item
				by U.S. Mail or third-party commercial carrier after the document's filing
				deadline date, the document will be considered filed on:
A) The date on which the document's last
				missing item was provided to the U.S. Postal Service (see Section
				101.300(b)(3)
				); or
B) The date on which the
				document's last missing item was provided to the third-party commercial carrier
				for delivery to the Clerk within three business days (see Section
				101.300(b)(3)
				).
3) A document
				consisting of multiple electronic files is considered filed as of the date and
				time specified on the e-mail receipt generated under subsection (d) for the
				last file uploaded to complete the document.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1030 - Form of Electronic Documents for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to complying with the
				formatting requirements of Section
				101.302(g) and
				(j), electronic documents uploaded on COOL
				for filing must be in one of the following electronic formats:
1) Adobe Portable Document Format (PDF),
				version 2.0 or greater;
2)
				Microsoft Word for Windows, version 6.0 or greater;
3) Corel WordPerfect for Windows, version 6.0
				or greater; or
4) Microsoft Excel
				for Windows, version 4.0 or greater.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1040 - Filing Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing fees
				are specified in Section
				101.302(e).
				The Clerk's Office imposes no additional fee to file a document
				electronically.
b) A person seeking
				to file an electronic document that requires a filing fee must either:
1) Pay the fee with a valid credit card
				through COOL when the document is uploaded on COOL; or
2) Deliver payment to the Clerk's Office in
				the form of government voucher, money order, or check made payable to the
				Illinois Pollution Control Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1050 - Documents Required in Paper or Excluded from Electronic Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A document
				containing information claimed or determined to be a trade secret, or other
				non-disclosable information under 35 Ill. Adm. Code 130, is prohibited from
				being filed electronically and must instead be filed only in paper under
				Section
				101.302(h)(3).
				The version of the document that is redacted under 35 Ill. Adm. Code 130 must
				be filed through COOL.
b) If a
				rulemaking proposal contains a document that is protected by copyright law (
				17
				USC 101 et seq.) and proposed under Section
				5-75 of the IAPA [
				5 ILCS
				100/5-75 ] to be incorporated by reference, that
				copyrighted document is prohibited from being filed electronically and must
				instead be filed only in paper under Section
				101.302(h)(4).
				The remainder of the rulemaking proposal must be filed through COOL.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1060 - E-Mail Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided in subsections (b) and (c), a person required to serve a
				document may serve the document by e-mail, in lieu of serving a paper document,
				if the recipient has consented to e-mail service in the proceeding and has not
				revoked the consent. (See Section
				101.1070.)
1) A person serving a document by e-mail must
				successfully transmit the document to the recipient's primary e-mail address or
				any of the recipient's secondary e-mail addresses. (See Section
				101.1070(b).)
2) To serve a document by e-mail, it is not
				necessary to electronically file the document or to obtain a State of Illinois
				digital signature certificate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart J - ELECTRONIC FILING AND E-MAIL SERVICE › Section 101.1070 - Consenting to Receipt of E-Mail Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any proceeding, a person consents to
				e-mail service of documents in lieu of receiving paper documents by:
1) Filing a "Consent to Receipt of E-Mail
				Service" (see sample form of consent in Appendix I);
2) Providing the hearing officer, during a
				hearing or conference, with an e-mail address that is designated for receiving
				service;
3) Filing an attorney's
				appearance; or
4) Appearing on a
				notice list or service list and providing the Clerk's Office with an e-mail
				address that is designated for receiving service.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix A - Captions › ILLUSTRATION A - Enforcement Case

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
BOARD NOTE:
The Board notes that all docket
					 numbers consist of letter(s) followed by two numbers. The first two digit
					 number is the fiscal year the matter was filed. Then the second number is the
					 sequential number for that type of filing the Board has received that year.
					 Persons making filings are not responsible for the Board docket number on the
					 original filing. The Clerk of the Board will assign the appropriate docket
					 number when the matter is filed. All filings in a matter that has been assigned
					 a docket number should contain a docket number located as indicated on the
					 examples above. The Board will also be designating its opinion and orders with
					 the type of case and media involved in the matter. Where the above examples
					 have the type of case proceeded by "X" the Board will, for example if the case
					 is dealing with a variance from certain water regulations, put the media,
					 water, after variance to become "Variance-Water". Again, persons making filings
					 need not place this on original filings. However, all filings in a matter that
					 has been assigned the media should indicate that media in the location as in
					 the above examples. Where there are specific procedural rules developed for
					 specific types of cases, as in a "UST Appeal", persons making filings should
					 follow those examples.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix A - Captions › ILLUSTRATION G - Underground Storage Tank Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix A - Captions › ILLUSTRATION H - Pollution Control Facility Siting Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix A - Captions › ILLUSTRATION L - Site-specific Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				  BOARD
Click here to view
				  image
BOARD NOTE: The Board notes that all docket numbers consist
					 of letter(s) followed by two numbers. The first two digit number is the fiscal
					 year the matter was filed. Then the second number is the sequential number for
					 that type of filing the Board has received that year. Persons making filings
					 are not responsible for the Board docket number on the original filing. The
					 Clerk of the Board will assign the appropriate docket number when the matter is
					 filed. All filings in a matter that has been assigned a docket number must
					 contain a docket number located as indicated on the examples above. The Board
					 will also be designating its opinion and orders with the type of case and media
					 involved in the matter. Where the above examples have the type of case followed
					 by "X", the Board will, for example if the case is dealing with a variance from
					 certain water regulations, put the media, water, after variance to become
					 "Variance-Water". Again, persons making filings need not place this on original
					 filings. However, all filings in a matter that has been assigned the media must
					 indicate that media in the location as in the above examples. Where there are
					 specific procedural rules developed for specific types of cases, as in a "UST
					 Appeal", persons making filings must follow those
					 examples.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix B - Appearance Form

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				BOARD
Click here to view
				image
APPEARANCE
I hereby file my appearance in this proceeding, on
				behalf of ABC Company.
_____________________________
Attorney's Name
Name of Attorney and Firm
Address
Telephone Number
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix C - Withdrawal of Appearance Form

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				BOARD
Click here to view
				image
NOTICE OF WITHDRAWAL OF APPEARANCE
I hereby give notice of withdrawal of my appearance as
				representative of ABC Company in this proceeding.
_____________________________
Attorney's Name
Name of Attorney and Firm
Address
Telephone Number
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix D - Notice of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				BOARD
Click here to view
				image
NOTICE OF FILING
To:(List all persons served.)
PLEASE TAKE NOTICE that I have today filed with the Office of
				the Clerk of the Pollution Control Board the [specify what document was filed]
				of [name of persons filing the document], a copy of which is herewith served
				upon you.
__________________________________________________
Name of Attorney or Other
				Representative
Date
Name
Address
Telephone Number
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix E - Affidavit or Certificate of Service › ILLUSTRATION A - Service by Non-Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
AFFIDAVIT OF SERVICE
I, the undersigned, on oath [or affirmation] state that I
				  have served on the date of ____________, the attached [describe document
				  served] upon the following persons by [describe method of service, e.g.,
				  depositing the document in a U.S. Postal Service mailbox or delivering the
				  document to a third-party commercial carrier], by the time of ____________,
				  with proper postage or delivery charges prepaid:
[list persons served and the respective addresses
				  at which they were served]
[signature]
Notary Seal
SUBSCRIBED AND SWORN TO BEFORE ME this
___________
day of
___________
, 20
___________
.
_____________________________
Notary
				  Public
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix E - Affidavit or Certificate of Service › ILLUSTRATION B - Service by Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served on the date of
				  ____________ the attached [describe document served] upon the following persons
				  by [describe method of service, e.g., depositing the document in a U.S. Postal
				  Service mailbox or delivering the document to a third-party commercial
				  carrier], by the time of ____________, with proper postage or delivery charges
				  prepaid:
[list persons served and the respective addresses
				  at which they were served]
[signature]
[date]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix H - Affidavit or Certificate of E-Mail Service › ILLUSTRATION A - E-Mail Service by Non-Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
AFFIDAVIT OF E-MAIL SERVICE
I, the undersigned, on oath [or affirmation] state the
				  following:
That I have served the attached [describe document
				  served] by e-mail upon [identify person served] at the e-mail address of
				  [identify e-mail address of person served].
That my e-mail address is
				  _____________________________ .
That the number of pages in the e-mail
				  transmission is ______ .
That the e-mail transmission took place before
				  5:00 p.m. on the date of ___________ .
[signature]
Notary Seal
SUBSCRIBED AND SWORN TO BEFORE ME this ______ day of ______,
				  20 _____.
_____________________________
Notary Public