Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 1700 - LOTTERY HEARINGS › Section 1700.80 - Service and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) All service shall be by certified mail or
			 registered mail, or by email pursuant to section 10-75 of the Illinois
			 Administrative Procedure Act [5 ILCS 100 ]. Service by mail
			 shall be deemed complete four days after mailing of the document, properly
			 addressed and posted for delivery, to the person to be served. Service is
			 deemed completed if returned undelivered or unclaimed, when mailed to the
			 party's last known address, with proper postage prepaid. Service by email is
			 complete on the day of transmission or if after 5:00 p.m., the next business
			 day. If service is by email, the Department will maintain a copy of the sent
			 email and shall verify within one business day that the transmission of the
			 email has not been rejected or has failed. In the event of rejection or
			 failure, absent correction of an erroneous email address, service shall be made
			 by mail.
b) Motions and affidavits
			 in support of motions, responses, counter-affidavits and replies shall be
			 served by the party filing these documents same upon all parties to the
			 proceeding. Proof of service upon all parties shall be filed with the
			 Secretary.
c) Findings of fact and
			 conclusions of law, briefs, motions for hearing or re-hearing, and notices of
			 appeal shall be served by the Department, Board, or the party filing these
			 documents upon each party to the proceeding, and a proof of service upon all
			 parties shall be filed with the Secretary.
d) When any party or parties have appeared by
			 attorney, service upon the attorney shall be deemed service upon the party or
			 parties.
e) Proof of service of any
			 paper shall be by certificate of attorney, affidavit or acknowledgment as
			 provided for in section 1-109 of the Code of Civil Procedure [735 ILCS
			 5 ]. Proof of service by mail will be attached to the
			 original of any document served. Proof of service by email shall be the emailed
			 notice to which the document is attached. In the absence of evidence to the
			 contrary, the date shown on the proof of service shall be deemed the date of
			 service. When filing by email, the date of service shall be the date the
			 transmission is sent.
f) In
			 computing any period of time prescribed or allowed by this Section, the day of
			 the act, event or default after which the designated period of time begins to
			 run is not to be included. The period of time shall run until the end of the
			 last day, or the next following business day if the last day is a Saturday,
			 Sunday or legal holiday. When the Lottery Law requires the filing of a motion,
			 brief, exception or other paper in any proceeding, the document must be
			 received by the Department and the Chief Administrative Law Judge's Clerk or
			 the officer or agent designated to receive that matter before the official
			 closing time of the receiving office on the last day of the time limit, if any,
			 for the filing or extension of time that may have been granted. Filings
			 received after 5:00 p.m. will be considered filed on the following business
			 day.