reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.30 - Appointment of Mediator

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Executive
			 Director of the Commission or his/her designee shall appoint a mediator who shall
			 not have any financial or personal interest in the result of the mediation. If an
			 Administrative Law Judge is appointed as a mediator, the same Administrative Law
			 Judge shall not preside over a docketed matter concerning the same dispute for which
			 he/she acts or acted as the mediator. If a member of Commission staff is appointed
			 as a mediator, the same member of Commission staff shall not participate in a
			 docketed matter concerning the same dispute for which he/she acts or acted as the
			 mediator, unless all parties to the docketed matter waive, in writing, any objection
			 to the Commission staff member's involvement in the docketed matter.
b) Each mediation participant initiating a
			 mediation shall have a one-time right to request that the appointed mediator be
			 replaced by another mediator selected by the Executive Director of the Commission or
			 his/her designee. Mediation participants choosing to exercise this right shall
			 notify the Executive Director or, if known, his/her designee of their request in
			 writing within seven days after being informed of the identity of the mediator, as
			 provided in Section
			 201.120. Upon
			 receipt of the request, the Executive Director or his/her designee shall appoint a
			 replacement mediator within two business days. The period between the date that a
			 mediation participant submits a request that the appointed mediator be replaced and
			 the date that the Chief Clerk issues a notice identifying the replacement mediator,
			 as described in Section 201.120, shall not be included in the calculation of the
			 duration of the mediation process as provided for in Section
			 201.260.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.50 - Participation of Intervenor

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes
			 of this Part, a person who intervenes in a pending docket in which the existing
			 parties have already requested mediation shall be able to participate in the
			 mediation. If such intervening party chooses not to participate in the mediation,
			 the mediation may proceed without the intervening party. If the mediation concludes
			 successfully, any resulting agreement brought into the pending docket shall be
			 treated as a settlement proposal offered by the mediation participants and, if
			 rejected by any party, shall be treated as a contested matter in the pending docket
			 as provided in Commission rules (see 83 Ill. Adm. Code 200).
b) An intervening party that chooses to
			 participate in the mediation may raise new issues for mediation with the consent of
			 all other then-existing mediation participants.
c) An intervening party shall not have the right
			 to request that the appointed mediator be replaced by another mediator, where the
			 intervening party has not initiated the mediation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.100 - Request for Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
			 with disputes subject to the Commission's jurisdiction may request voluntary
			 mediation prior to the filing of, or at any point during, the pendency of a
			 contested matter. [220 ILCS 10 -101.1(c)] Persons with disputes are encouraged to
			 request mediation prior to initiating a docket to resolve a contested
			 matter.
b) End-user customers with
			 non-docketed contested matters whose disputes are subject to the Commission's
			 jurisdiction may request voluntary mediation under this Part after filing an
			 informal complaint with the Commission's Consumer Services Division and upon
			 completion of the informal complaint process.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.110 - Submitting a Request for Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 request for mediation shall be in writing and shall be jointly submitted to the
			 Chief Clerk of the Commission by agreement of all persons party to the
			 dispute.
b) A request for mediation
			 shall include:
1) A brief statement of the issues
			 to be addressed in the mediation;
2)
			 Disclosure of whether any of the issues for which mediation is sought is the subject
			 of any pending formal proceeding and, if so:
A)
			 the docket number of the docketed proceeding before the Commission, or
B) the case name, docket number, and forum if a
			 civil court matter;
3)
			 Disclosure of whether any of the issues for which mediation is sought has been the
			 subject of an informal complaint with the Commission's Consumer Services Division,
			 and, if so, the informal complaint number assigned by the Consumer Services
			 Division;
4) The name, address,
			 telephone number, and, if available, the facsimile number and e-mail address of each
			 mediation participant or an alternate contact person for each mediation participant
			 submitting the request for mediation;
5)
			 The location where the mediation participants prefer the mediation to occur (i.e.,
			 Springfield or Chicago);
6) The specific
			 relief requested by each mediation participant; and
7) An express statement that the mediation is
			 being requested under 83 Ill. Adm. Code 201.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.120 - Notice of Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
			 seven calendar days after receipt of a request for mediation, the Chief Clerk of the
			 Commission shall issue a notice to the mediation participants identifying the
			 mediator and explaining the mediation process.
b) If, pursuant to Section
			 201.30(b),
			 a mediation participant that is among those that initiated the mediation exercises
			 its right to request that the appointed mediator be replaced, the Chief Clerk of the
			 Commission shall issue a notice to the mediation participants identifying the
			 replacement mediator.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.130 - Scheduling of Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
The mediation shall be scheduled taking into consideration the
				availability of the mediation participants. With the consent of all mediation
				participants and the mediator, the mediation may be conducted
				telephonically.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.200 - Authority of a Mediation Participant's Representative

Current through Register Vol. 48, No. 28, July 12, 2024
A person who has authority to mediate and bind the mediation
				participant to any agreement that is reached in mediation shall represent the
				mediation participant. All representatives shall be required to affirm in writing
				that they have authority to bind the mediation participants that they represent
				prior to the commencement of mediation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.210 - Role of Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
An attorney or other individual designated by a mediation
				participant may accompany the mediation participant to and participate in a
				mediation and shall also be permitted to communicate privately with the mediation
				participant. Nothing herein precludes the attorney or other individual designated by
				a mediation participant as serving as the mediation participant's representative as
				otherwise allowed pursuant to Section
				201.200.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.220 - Role of Mediator

Current through Register Vol. 48, No. 28, July 12, 2024
The mediator shall at all times be in control of the mediation and
				the procedures to be followed in the mediation. The mediator may meet and consult
				privately with any mediation participant and his/her representative during the
				mediation session.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.230 - Adjournment

Current through Register Vol. 48, No. 28, July 12, 2024
The mediator may adjourn the mediation conference at any time and
				may set times for reconvening the adjourned conference. No further notification is
				required for mediation participants present at the adjourned
				conference.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.250 - Privilege Against Disclosure; Admissibility; Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as otherwise provided in Section
			 201.252,
			 mediation communications, including notes and writings, are privileged as provided
			 in subsection (b) and are not subject to discovery or admissible in evidence in a
			 proceeding unless waived or precluded as provided by Section
			 201.251.
b) In a proceeding, the following privileges
			 apply:
1) A mediation participant may refuse to
			 disclose, and may prevent any other person from disclosing, a mediation
			 communication.
2) A mediator may refuse
			 to disclose a mediation communication, and may prevent any other person from
			 disclosing a mediation communication of the mediator.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.251 - Waiver and Preclusion of Privilege

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 A privilege under Section
			 201.250
			 may be waived in a record or orally during a proceeding if it is expressly waived by
			 all participants to the mediation, and in the case of the privilege of a mediator,
			 if it is expressly waived by the mediator.
b) A person that discloses or makes a
			 representation about a mediation communication which prejudices another person in a
			 proceeding is precluded from asserting a privilege under Section 201.250, but only
			 to the extent necessary for the person prejudiced to respond to the representation
			 or disclosure.
c) A person that
			 intentionally uses a mediation to plan, attempt to commit or commit a crime, or to
			 conceal an ongoing crime or ongoing criminal activity is precluded from asserting a
			 privilege under Section 201.250. [710 ILCS
			 35/5 ]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.252 - Exceptions to Privilege

Current through Register Vol. 48, No. 28, July 12, 2024
a) There is no
			 privilege under Section
			 201.250
			 for a mediation communication that is:
1) in a
			 written agreement resulting from the mediation;
2) available to the public under the Freedom of
			 Information Act [5 ILCS 140 ] or made during a session or a mediation which is open,
			 or is required by law to be open, to the public;
3) a threat or statement of a plan to inflict
			 bodily injury or commit a crime of violence;
4) intentionally used to plan a crime, attempt to
			 commit a crime, or to conceal an ongoing crime or ongoing criminal
			 activity;
5) sought or offered to prove
			 or disprove a claim or complaint of professional misconduct or malpractice filed
			 against a mediator; or
6) except as
			 otherwise provided in subsection (c), sought or offered to prove or disprove a claim
			 or complaint of professional misconduct or malpractice filed against a mediation
			 participant or representative of a participant based on conduct occurring during a
			 mediation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.260 - Duration of Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise agreed to by all of the mediation participants, the
				mediation process shall be completed no later than 45 days after the Chief Clerk's
				receipt of a joint request for mediation. In no event shall the mediation process be
				extended beyond the statutory deadline of an underlying pending docket, unless the
				statute permits a waiver of the deadline and all of the mediation participants and
				any non-mediating parties waive the deadline.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.270 - Settlement Shall be Reduced to Writing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 agreement is reached, the agreement shall be reduced to writing by the mediation
			 participants or the mediator at the conclusion of the mediation.
b) The writing shall contain mutual conditions,
			 payment arrangements, or other terms that resolve the dispute in part or in its
			 entirety.
c) Each mediation participant
			 shall execute the agreement.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.280 - Document Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the conclusion
			 of the mediation, if a settlement agreement of any or all of the issues mediated is
			 agreed to by the mediation participants, the mediator shall submit to the Chief
			 Clerk's Office a Memorandum of Agreement.
b) The Memorandum of Agreement, at a minimum,
			 shall list:
1) The issues resolved in the
			 mediation;
2) The mediation
			 participants; and
3) The mediation
			 participants that signed the confidential written settlement agreement.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.300 - Failure to Agree

Current through Register Vol. 48, No. 28, July 12, 2024
If the mediation participants are unable to reach agreement at the
				end of 45 days, or other deadline as agreed to by the mediation participants and any
				non-mediating parties in a docketed matter pursuant to Section
				201.260, the
				mediation is terminated. The mediator shall report the lack of an agreement and
				termination of the mediation to the Chief Clerk's Office and, if the mediation
				arises from a docketed proceeding, to the Administrative Law Judge presiding over
				that docketed proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.310 - Enforcement of Settlement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
If any mediation participant fails to abide by the terms of the
				settlement agreement, a mediation participant may exercise any rights it may have
				with respect to the agreement either as provided in Commission rules (see 83 Ill.
				Adm. Code 200) or in law or equity.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.10 - Procedure Governed and Purpose of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs practice and procedure before the Illinois
				  Commerce Commission (Commission) in the arbitration proceedings under Section
				  10-101.1 of the Public Utilities Act (Act) [220 ILCS
				  5/10-101.1]. The purpose of this Part is to enable parties
				  to resolve complaints through binding arbitration in as expeditious and informal a
				  manner as to which the parties can agree, consistent with the resolution of the
				  complaint.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.20 - Deviation from this Part

Current through Register Vol. 48, No. 28, July 12, 2024
With the consent of Staff and the parties to an arbitration and to
				  the extent permitted by law, including Article 10 of the Illinois Administrative
				  Procedure Act (IAPA) [5 ILCS 100 /Art. 10], any provision of this Part may be
				  waived, suspended or modified by the arbitrator in furtherance of the purpose of
				  this Part, as described in Section
				  202.10.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.40 - Authority of Arbitrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) The arbitrator
				shall have authority over the conduct of a proceeding and the responsibility for
				rendering a final binding decision resolving the complaint. The arbitrator shall
				have those duties and powers reasonably necessary to these ends, consistent with
				applicable statutes and the purpose of this Part identified in Section
				202.10,
				including the following:
1) To administer oaths
				and affirmations;
2) To order the
				issuance of subpoenas, to supervise discovery, and to conduct discovery;
3) To conduct arbitration hearings and prehearing
				conferences;
4) To rule upon all
				objections, motions and petitions, to receive evidence, and to grant appropriate
				interim relief;
5) To examine witnesses
				and allow parties to examine an adverse party or agent;
6) To request briefs and/or oral presentations on
				specified issues and/or other aids in identifying issues;
7) At any stage of the arbitration or after all
				parties have completed the presentation of their evidence to call upon any party or
				the Staff to produce further evidence that is material and relevant to any
				issue;
8) To ensure that the arbitration
				is conducted in a full, fair, and impartial manner, that order is maintained and
				that unnecessary delay is avoided in the disposition of the proceedings;
				and
9) To issue protective orders in
				accordance with Section
				202.330.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.50 - Public Policy Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				arbitrator, with the approval of the Commission, may refuse to resolve a complaint
				for which arbitration is sought under this Part upon a showing by Commission Staff
				or an intervenor in the arbitration docket that it is more likely than not that
				sound public policy warrants the resolution of the dispute under 83 Ill. Adm. Code
				200. Staff or an intervenor shall attempt to make such showing through a motion in
				the arbitration docket, to which the other parties to the arbitration may respond.
				Staff or the intervenor who filed the motion shall have the opportunity to reply to
				any such responses. Any such motion must be filed within 30 calendar days after the
				filing of the petition for arbitration.
b) Upon determining whether the burden set forth
				in subsection (a) has been met, the arbitrator shall prepare a "Proposed Section
				202.50
				Decision" setting forth the reasons why sound public policy either warrants or does
				not warrant the resolution of the complaint under 83 Ill. Adm. Code 200. The
				"Proposed Section
				202.50
				Decision" shall also assign any costs incurred pursuant to Section
				202.80. The "Proposed
				Section
				202.50
				Decision" shall be served by the Chief Clerk of the Commission on Staff and all
				parties to the arbitration, including any intervenor. The arbitrator shall also
				designate, under an expedited schedule, dates for the receipt of Briefs on
				Exceptions and Briefs in Reply to Exceptions consistent with Section
				202.530. Following
				the receipt of any Brief on Exceptions and Brief in Reply to Exceptions, the
				arbitrator shall prepare a "Post-Exceptions Section
				202.50
				Decision" concerning whether the complaint warrants resolution via arbitration and
				place it before the Commission for its consideration. The Commission shall either
				reject the "Post-Exceptions Section
				202.50
				Decision" or enter as the order in the arbitration docket the "Post-Exceptions
				Section
				202.50
				Decision" of the arbitrator without change, at which point it shall be relabeled
				"Section
				202.50
				Decision". If the Commission determines that arbitration is not warranted, the
				complaint shall be resolved under 83 Ill. Adm. Code 200.
c) Intervention in an arbitration docket shall be
				allowed only for the limited purpose of raising public policy considerations and
				addressing such considerations as described in this Section. Upon the denial of any
				motion raised under this Section, the participation of intervenors in the
				arbitration docket shall end.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.60 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				provisions of Section 5-50 of the State Officials and Employees Ethics Act
				[5 ILCS
				430/5-50 ] and Section 10-60 of the IAPA [5 ILCS
				100/10-60 ] shall apply in full to arbitration proceedings
				that are subject to this Part.
b) The
				provisions of Section 10-60 of the IAPA shall not apply, however, to communications
				between Commission employees who are engaged in investigatory or advocacy functions
				and other parties to the arbitration proceeding, provided that such Commission
				employees are still prohibited from communicating on an ex parte basis, as
				designated in Section 10-60 of the IAPA, directly or indirectly, with members of the
				Commission, an arbitrator in the proceeding, or any Commission employee who is or
				reasonably may be expected to be involved in the decisional process of the
				proceeding.
c) Any Commissioner,
				arbitrator, or other Commission employee who is or reasonably may be expected to be
				involved in the decisional process of a proceeding, who receives, or who makes or
				knowingly causes to be made, a communication prohibited by Section 10-60 of the IAPA
				as modified by Section 10-103 of the Act shall place on the public record of the
				proceeding:
1) All such written
				communications;
2) Memoranda stating the
				substance of all such oral communications; and
3) All written responses and memoranda stating the
				substance of all oral responses to the materials described in subsections (c)(1) and
				(2).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.70 - Duration of Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				agreed to by all of the parties and Staff, the arbitration process shall be
				completed no later than 150 days after the Chief Clerk's receipt of a joint petition
				for arbitration.
b) In the event that a
				motion is filed pursuant to Section
				202.50,
				the time period specified in subsection (a) shall automatically toll until the
				Commission resolves the motion pursuant to Section 202.50.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 202.80 - Site Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event that
				the arbitrator, the parties, and Staff deem a site inspection helpful in resolving
				the dispute, notice shall be given to the parties and Staff of the time and date of
				the inspection. Each party and Staff may have one or more representatives present
				during the inspection. If the arbitrator, the parties, and Staff do not all agree
				that a site inspection would be helpful, no site inspection shall occur.
b) Necessary and reasonable travel expenses,
				including lodging and meals, incurred by the arbitrator and Staff shall be
				reimbursed by the parties requesting arbitration. Unless allocated differently
				pursuant to subsection (c), each party shall pay an equal portion of the
				expenses.
c) Upon the resolution of the
				dispute, the arbitrator may determine that all travel expenses incurred by the
				arbitrator and Staff as a result of a site inspection shall be allocated in a manner
				different from that prescribed in subsection (b). Any difference from the allocation
				prescribed in subsection (b) shall be based on the ultimate resolution of the
				arbitration.
d) The assessment of the
				Commission's costs of a site inspection shall be issued to the parties by the
				Commission's Administrative Services Division. All assessments made under this Part
				shall be paid into the Public Utility Fund within 60 days after receiving notice of
				the assessments from the Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 202.100 - Communications to the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All paper documents to be filed with or submitted to the
				  Commission shall be addressed to: The Chief Clerk, Illinois Commerce Commission, 527
				  East Capitol Avenue, Springfield, Illinois 62701. All formal paper communications
				  and documents are deemed to be officially filed or submitted only when delivered to
				  the Springfield office of the Commission. The Chief Clerk is the official custodian
				  of all Commission records.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 202.110 - Form of Pleadings and Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All pleadings and documents filed with the Commission shall be typewritten or
				printed on white paper 81/2 inches by 11 inches or capable of being printed on paper
				81/2 inches by 11 inches and shall have inside text margins of not less than one
				inch. An optional heading consisting of the docket number and document title shall
				be placed in the upper right-hand corner and have a top margin of not less than 3/4
				inch. Page numbers shall be centered and have a bottom margin of not less than 1/2
				inch. Line numbers shall have a left-hand margin of not less than 1/2 inch. All
				exhibits of a documentary character shall, whenever practical, conform to these
				requirements of size and margin. The impression shall be on both sides of the paper
				when practical and shall be double spaced; footnotes may be single spaced and
				quotations may be single spaced and indented.
b) All pleadings or other documents shall be
				composed in either Arial or Times New Roman font, black type on white background.
				The text of pleadings or documents shall be at least 12-point. Footnotes shall be at
				least 10-point. Other material not in the body of the text, such as financial data
				schedules and exhibits, shall be at least 8-point. All exhibits of a documentary
				character shall, whenever practical, conform to these requirements.
c) Reproductions may be by any process, provided
				that all copies are clear and permanently legible.
d) Testimony prepared for the purpose of being
				entered into evidence shall include line numbers on the left-hand side of each page
				of text. Testimony shall include continuous line numbers. Schedules, attachments,
				and exhibits of a numerical or documentary nature shall, whenever practical, conform
				to these requirements.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 202.120 - Contents of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents
				submitted in arbitration proceedings shall display the docket number of the
				proceeding. Documents initiating a new arbitration proceeding shall leave a space
				for the docket number. All documents shall also include the full name, address,
				telephone number, and, unless the party has no facsimile number or e-mail address,
				either directly or through its attorney, facsimile number and e-mail address of the
				person or the representative of the person filing the document. A party, in its
				first pleading in an arbitration proceeding, shall state whether it agrees to accept
				service by electronic means as provided for in Subpart G of this Part. A party later
				may agree, or may revoke its agreement, to accept electronic service, provided that
				the party shall file and serve a notice of the later agreement or
				revocation.
b) The original of every
				document filed shall be signed by the party filing the same or by an officer or
				agent. The factual assertions contained in all documents shall be verified by the
				filing party before a notary public or other officer authorized to administer
				oaths.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 202.130 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents shall
				be deemed filed on the date received by the Chief Clerk of the Commission. The
				original of any document shall be filed with the Chief Clerk. Service on the Chief
				Clerk of the Commission cannot be made by telephone facsimile. All documents shall
				be served upon the parties to the arbitration proceeding and the arbitrator on the
				day they are filed with the Chief Clerk of the Commission.
b) Proof of service of any paper shall be by
				certificate of attorney, acknowledgement of receipt, or affidavit.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart C - INITIATING ARBITRATION › Section 202.200 - Petition for Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
Arbitration of any complaint brought under the Act may be
				  requested if all parties to the complaint request arbitration and the dispute is not
				  otherwise subject to 83 Ill. Adm. Code 761 or 83 Ill. Adm. Code 766. Upon submitting
				  a petition for arbitration, all parties to the complaint shall notify the
				  Administrative Law Judge presiding over the complaint of their petition pursuant to
				  Section
				  202.210
				  and request that the Commission stay the complaint proceeding until the arbitration
				  is resolved. The Administrative Law Judge presiding over the complaint shall make a
				  ruling on the record in the complaint docket indicating that the complaint
				  proceeding is stayed pending resolution of the arbitration.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart C - INITIATING ARBITRATION › Section 202.210 - Submitting a Petition for Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				request for arbitration shall be contained in a petition jointly submitted to the
				Chief Clerk of the Commission by agreement of all parties to the complaint. The
				petition shall initiate a new docket.
b)
				A petition for arbitration shall include:
1) A
				statement that the arbitration is being requested under 83 Ill. Adm. Code
				202;
2) A statement of the issues to be
				resolved in the arbitration;
3) A
				statement of the specific relief sought by each party;
4) A statement that the parties agree to be bound
				by the decision of the arbitrator;
5) A
				statement that the parties waive 83 Ill. Adm. Code 200 and the IAPA [5 ILCS 100 ] to
				the extent that either conflicts with the procedures followed in the
				proceeding;
6) The name, address,
				telephone number, and, if available, the facsimile number and e-mail address of a
				contact person for each party submitting the petition for arbitration; and
7) The name of the first, second, and third choice
				of arbitrator chosen by the parties from the list of arbitrators on the Commission's
				web site.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart C - INITIATING ARBITRATION › Section 202.220 - Designation of Arbitrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parties to a
				complaint requesting arbitration shall choose arbitrators from the list of
				arbitrators posted on the Commission's web site. Parties shall identify which of the
				chosen arbitrators is their first choice, which is their second choice, and which is
				their third choice. Parties unable to agree on a first and second choice of
				arbitrator may not file a petition requesting arbitration. If the arbitrator
				identified as the parties' first choice of arbitrator is unavailable to arbitrate
				the dispute, the arbitrator identified as the parties' second choice of arbitrator
				shall be designated to arbitrate the dispute. If the arbitrator identified as the
				parties' second choice of arbitrator is unavailable to arbitrate the dispute, the
				arbitrator identified as the parties' third choice of arbitrator shall be designated
				to arbitrate the dispute. If the arbitrator identified as the parties' third choice
				of arbitrator is unavailable to arbitrate the dispute, the Chief Administrative Law
				Judge shall designate an arbitrator. The parties may either proceed with the
				designated arbitrator or withdraw the request for arbitration and resolve the
				complaint pursuant to 83 Ill. Adm. Code 200.
b) An Administrative Law Judge presiding over a
				complaint from which an arbitration request arises shall not serve as an arbitrator
				in that matter.
c) No member of
				Commission Staff participating in a complaint from which an arbitration request
				arises shall assist the arbitrator presiding over that arbitration.
d) No arbitrator shall have any financial or
				personal interest in the result of the arbitration. If an arbitrator becomes aware
				of any financial or personal interest in the result of the arbitration, the
				arbitrator must disclose the interest on the record to the parties at the earliest
				possible opportunity. If all of the parties waive any objection to such conflict of
				interest on the record, the arbitrator may continue to serve as arbitrator. If any
				of the parties object to the arbitrator's continued role in the proceeding, a new
				arbitrator shall be selected in the manner prescribed in subsection (a).
e) The Commission shall make available on its web
				site a list of arbitrators. The list shall include the location of each arbitrator
				(i.e, Springfield or Chicago).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart D - PRE-HEARING PROCEDURE › Section 202.300 - Pre-arbitration Conference

Current through Register Vol. 48, No. 28, July 12, 2024
Upon providing notice through the Chief Clerk of the Commission,
				  the arbitrator may request all parties to attend a pre-arbitration conference. Such
				  a conference may be held for any purpose, including, but not limited to:
a) Scheduling;
b) Identification and simplification of issues and
				procedures;
c) Amendments to
				documents;
d) Limitations on the number
				of witnesses;
e) The issuance of rulings
				denying, limiting, conditioning or regulating discovery;
f) The issuance of rulings supervising all or any
				part of any discovery procedure; and
g)
				Such other matters as may aid in the simplification of the issues and procedures and
				disposition of the proceeding, including, but not limited to, obtaining a written
				statement from Staff that it waives 83 Ill. Adm. Code 200 and the IAPA to the extent
				that either conflicts with the procedures followed in the proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart D - PRE-HEARING PROCEDURE › Section 202.310 - Failure to Comply with a Discovery Order or a Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
If a person or party fails to comply with a discovery order or
				  refuses to attend or be sworn at an arbitration hearing, the arbitrator may: suspend
				  proceedings until compliance is obtained; strike all or any part of the documents of
				  such party; refuse to allow the party to support designated claims or defenses; or
				  proceed on the basis of the best information available from whatever source
				  derived.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart D - PRE-HEARING PROCEDURE › Section 202.320 - Motion to Quash Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
The arbitrator, upon motion, may quash or modify a subpoena or
				  request for discovery.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart D - PRE-HEARING PROCEDURE › Section 202.330 - Protective Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time during
				the pendency of a proceeding, the arbitrator may, on the motion of any person, enter
				an order to protect the confidential, proprietary or trade secret nature of any
				data, information or studies.
b) A
				person submitting a motion for a protective order shall specify the proposed
				expiration date for the proprietary status of the data, information or studies. The
				proposed expiration date shall be no more than five years from the date of
				submission. However, the proposed expiration date may exceed five years upon a
				showing of good cause. If no date is specified, the proposed expiration date for the
				proprietary status of the data, information or studies shall be two years from the
				date of submission.
c) A document
				submitted and marked as proprietary shall be afforded proprietary treatment pending
				the timely submission of a motion to protect the confidential, proprietary or trade
				secret nature of that document and a ruling on that motion by the
				arbitrator.
d) A public redacted version
				of each document submitted pursuant to this Section must also be submitted with the
				proprietary version. The proprietary version of any document should clearly indicate
				all portions that are considered proprietary in nature.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.400 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parties and Staff are
				entitled to be represented by an attorney, to be heard, to present evidence material
				to the controversy, and to cross-examine witnesses appearing at the hearing. All
				hearings conducted by the Commission shall be open to the public [220 ILCS
				5/10-101 ].
b)
				In furtherance of minimizing procedural mechanisms as described in Section
				202.10,
				parties and Staff are encouraged by the Commission to make oral presentations at a
				hearing or to simultaneously submit written statements setting forth their positions
				rather than submit written testimony in multiple stages.
c) All written statements or testimony shall be
				offered by a named witness available for cross-examination and shall be certified as
				true, correct and complete.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.410 - Presentation of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
The arbitrator shall decide the order in which the parties and
				  Staff shall present their witnesses for cross-examination. The arbitrator will
				  specify whether certain witnesses may be presented as a panel for cross-examination.
				  If the parties and Staff agree to waive cross-examination of each other's witnesses,
				  the arbitrator may still require the presence of witnesses for the purpose of
				  conducting his own cross-examination.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.420 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complete record of
				all arbitration hearings conducted under this Part shall be transcribed by a
				reporter appointed by the Commission. In the event that expedited transcripts are
				required, the cost of preparation shall be borne by the party requesting the
				expedited transcripts.
b) Suggested
				corrections to the transcript of record shall be filed within five days after the
				day on which the transcript is delivered or at such other time as prescribed by the
				arbitrator, and shall be in writing and served upon each party, the official
				reporter, and the arbitrator.
c)
				Objections to suggested corrections shall be filed within three days after the
				filing of the suggestions, unless otherwise prescribed by the arbitrator. The
				arbitrator shall determine what changes, if any, shall be made in the
				record.
d) If no objection is made to
				the suggested corrections, the arbitrator may, in his or her discretion, direct the
				corrections to be made and the manner of making them. The purpose of this
				determination shall be to ensure the accuracy of the arbitration record.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.430 - Consolidation and Severance

Current through Register Vol. 48, No. 28, July 12, 2024
a) When consistent
				with the requirements of the Act and with the consent of the parties and Staff, the
				arbitrator may, to the extent practical, order the consolidation of two or more
				proceedings under this Part in order to reduce administrative burdens.
b) When consistent with the requirements of the
				Act and with the consent of the parties and Staff, the arbitrator may, to the extent
				practical, order the severance of two or more proceedings previously consolidated
				under subsection (a) in order to reduce administrative burdens.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.440 - Information to be Adduced at Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				all proceedings subject to this Part, irrelevant, immaterial or unduly repetitious
				information shall be excluded. Relevant information may be admitted at the
				arbitration if it is of a type commonly relied on by reasonably prudent persons in
				the conduct of their affairs.
b)
				Whenever a verified statement or exhibit contains language and/or figures that
				differ from the exhibit offered, the sponsoring party shall indicate all changes in
				writing either on a corrective sheet or the actual exhibit shall have the corrected
				language and/or figures so designated.
c) Any information offered in whatever form shall
				be subject to appropriate and timely objection. The arbitrator may, either with or
				without objection, exclude irrelevant, immaterial, unduly repetitious or otherwise
				inadmissible information.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.450 - Information to be Under Oath or Affirmation

Current through Register Vol. 48, No. 28, July 12, 2024
All orally presented information to be considered at the
				  arbitration hearing shall be sworn or affirmed. All other information submitted at
				  the arbitration hearing shall be verified pursuant to Section
				  202.120(b).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.460 - Stipulation of Facts

Current through Register Vol. 48, No. 28, July 12, 2024
Staff and the parties to any arbitration may, by written
				  stipulation or by oral stipulation entered in the record, agree upon the facts or
				  any part of the facts related to the contested issues in the arbitration.
				  Notwithstanding the stipulation of the parties and Staff, the arbitrator may require
				  further information in support of the facts stipulated.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart E - ARBITRATION HEARING PROCEDURE › Section 202.470 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) All exhibits shall be
				marked numerically and/or alphabetically with a party designation and shall conform
				to the requirements of Section
				202.120.
b) When exhibits are identified for the record,
				unless the arbitrator directs otherwise, an original shall be offered at the
				arbitration and, unless previously provided, a copy provided to the arbitrator and
				to each party.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart F - POST-ARBITRATION PROCEDURE › Section 202.500 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the parties and
				Staff agree to file briefs, at the close of the arbitration, the arbitrator shall
				set a schedule for the filing of briefs. Parties and Staff must use citations if
				they refer to testimony or evidence adduced at the arbitration hearings. At the
				discretion of the arbitrator, failure to use citations may result in rejection of
				all or part of the brief. Before rejecting all or part of a brief, however, the
				arbitrator shall allow a party or Staff an opportunity to provide any missing
				citations (no additional substantive argument may be added when given the
				opportunity to provide citations).
b)
				Briefs shall be concise and, if in excess of 20 pages, excluding appendices, shall
				contain:
1) A table of contents;
2) A summary of the position of the party filing;
				and
3) Argument.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 202 - VOLUNTARY BINDING ARBITRATION PRACTICE › Subpart F - POST-ARBITRATION PROCEDURE › Section 202.520 - Proposed Arbitration Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The arbitrator shall, after the close of the arbitration, prepare
				  a proposed arbitration decision, including a statement of findings and conclusions
				  and the reasons or basis for the findings and conclusions, on all the material
				  issues of fact, law or discretion presented on the record. The arbitration decision
				  shall identify any award to be received by any party and assign costs pursuant to
				  Sections
				  202.80. The
				  arbitration decision shall include a schedule specifying when any award is to be
				  made. The written arbitration decision shall be served by the Chief Clerk of the
				  Commission on Staff and all parties to the arbitration.