reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.520 - Interlocutory Review of Hearing Examiner's Ruling

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any ruling by a Hearing Examiner, including
				rulings of the Chief Hearing Examiner under Sections
				200.510
				and
				200.870, may be
				reviewed by the Commission, but failure to seek immediate review shall not operate
				as a waiver of any objection to such ruling. Unless good cause is shown or unless
				otherwise ordered by the Hearing Examiner or the Commission, the party or Staff
				seeking review of the ruling shall file a petition for interlocutory review within
				21 days after the date of the action that is the subject of the petition. The
				petition shall be filed with the Chief Clerk together with any offer of proof and
				shall be served upon the Hearing Examiner and upon Staff and all parties to the
				proceeding. Other parties and Staff may file responses within seven days of the
				filing of the petition. Petitions for interlocutory review of a hearing examiner
				ruling, and any responses and replies to the petition, shall be forwarded by the
				hearing examiner directly to the Commission for review without communicating further
				advice or recommendation from any hearing examiner, including the hearing examiner
				presiding over the case; provided, however, that a hearing examiner may provide a
				written explanation for the ruling on or before the due date for responses to the
				petition, which shall be served on the parties. In that case, the hearing examiner
				shall schedule a time for the petitioner to reply. Only in extraordinary
				circumstances shall an interlocutory review of a ruling of a Hearing Examiner
				suspend a hearing.
b) On review of a
				Hearing Examiner's ruling, the Commission may affirm or reverse the ruling in whole
				or in part, and may take any other just and reasonable action with respect to the
				ruling, such as declining to act on an interlocutory basis. Petitions to rehear or
				reconsider Commission action taken under this Section shall not be entertained by
				the Commission and are not allowed under this Part, except as to persons who have
				been denied leave to intervene by such action.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.525 - Paper Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parties and Staff
				participating in the proceeding may stipulate to the waiver of any rights they have
				to a hearing and that the matter be tried or otherwise resolved on the basis of
				written pleadings and submissions that are verified and supported by affidavit and
				that the Commission may enter a final order in the matter in reliance
				thereon.
b) Any such stipulation is
				subject to approval by all parties, Staff and the Hearing Examiner.
c) In the event there is only one party to the
				proceeding, the Hearing Examiner may grant the requested relief upon motion by said
				party.
d) Any party may propose such
				stipulations or make such motions at any time prior to the date the Hearing Examiner
				marks the case Heard and Taken. The Hearing Examiner may grant such relief at his or
				her discretion, after a reasonable period of time has elapsed to accommodate
				potential or likely intervention.
e)
				Upon the motion of any party or Staff, and for good cause shown, by order of the
				Commission, or by the Hearing Examiner's own motion, the Hearing Examiner may
				rescind his or her previous approval of the conduct of the proceedings on the basis
				of written submissions and may require such hearings as may be
				appropriate.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.530 - Notice, Time and Place of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Except for those hearings permitted to be closed to the public by
				  law, all proceedings of the Commission shall be open to the public. At least ten
				  days' notice of the time and place of the first hearing shall be given to all
				  parties; at least ten days' notice shall also be given to municipalities when
				  required by Section 10-108 of the Public Utilities Act. In the discretion of the
				  Commission or the Hearing Examiner, the first hearing may be held with less than ten
				  days' notice if an emergency exists. Hearings may be held at such reasonable place
				  in the State and at such reasonable time designated by the Commission or Hearing
				  Examiner as may be consistent with the nature of the proceedings, the convenience of
				  the parties and the public interest. A hearing by teleconference may be requested by
				  a party or Staff and allowed by the Hearing Examiner taking into account the purpose
				  for the hearing, the availability of equipment and the circumstances of the parties
				  and the Staff.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.540 - Recording Appearances at Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Parties and Staff witnesses shall enter their appearances at the beginning of a
				hearing by giving their names, addresses, telephone numbers and, unless the party
				has no facsimile number or e-mail address either directly or through its attorney,
				any facsimile number and e-mail address, and whom they represent in writing to the
				reporter who will include the same in the record of hearing. The Hearing Examiner
				conducting the hearing may, in addition, require appearances to be stated orally.
				Non-party participants shall be identified in a manner prescribed by the Hearing
				Examiner.
b) A party, in its appearance,
				shall state whether it agrees to accept service by electronic means as provided for
				in Section
				200.1050. 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.550 - Failure to Appear or to Exercise Diligence in Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints, applications or petitions which are not prosecuted
				  diligently may be dismissed for want of prosecution. The failure of any party to
				  appear at a hearing without good cause and without previously notifying the
				  Commission or the Hearing Examiner and parties of record of its inability to appear
				  may be grounds for dismissal or deciding against the interest of such defaulting
				  party. Any court reporting costs incurred because of the failure to appear may be
				  assessed against such party.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.560 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions for
				continuances shall not be made with less than seven days' notice, except as provided
				in subsection (b).
b) In an emergency or
				upon agreement of the parties, a motion for continuance may be made less than seven
				days prior to the hearing.
c) The
				Hearing Examiner shall require the party or staff witness requesting the continuance
				to contact the other parties and staff witnesses.
d) Any grant by a Hearing Examiner of a
				continuance sought by a party on less than two days notice prior to the assigned
				hearing date may be conditioned upon that party bearing any court reporting costs
				resulting from the continuance.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.570 - Order of Procedure and Receiving Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
At hearings in tariff investigation and suspension proceedings the
				  respondent shall open and close. At hearings in other proceedings, the petitioner,
				  applicant or complainant, if any, shall open and close. Where several proceedings
				  are heard on a consolidated record, and in all other proceedings not otherwise
				  specified in this Section, the Hearing Examiner shall designate who shall open and
				  close. The Hearing Examiner in all cases shall determine at what stage intervenors
				  and staff witnesses shall be permitted to offer evidence.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.580 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A full and complete
				record of all hearings conducted under this Part, including oral arguments before
				the Commission or Hearing Examiner, shall be transcribed by a reporter appointed by
				the Commission.
b) Suggested corrections
				to the transcript of record must be filed within 35 days from the day on which the
				hearing is held or at such other time as prescribed by the Hearing Examiner, and
				shall be in writing and served upon staff witnesses, each party, the official
				reporter and Hearing Examiner.
c)
				Objections to suggested corrections shall be filed within ten days after the filing
				of the suggestions, unless otherwise prescribed by the Hearing Examiner. The Hearing
				Examiner shall, with or without hearing, determine what changes, if any, shall be
				made in the record.
d) If no objection
				is made to the suggested corrections, the Hearing Examiner 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
				record.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.590 - Conduct at Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) All parties to
				hearings, their counsel and spectators shall conduct themselves in an orderly
				manner.
b) The Hearing Examiner may, at
				his or her discretion, recess or continue any hearing in case the conduct of
				parties, non-party participants, witnesses, spectators or other persons interferes
				with the proper and orderly conduct of such hearing, or for any other cause or
				circumstance which may prevent the proper conduct of such hearing, or said Hearing
				Examiner may take any action necessary to permit the orderly conduct of the
				hearing.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.600 - Consolidation and Severance

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission or Hearing Examiner may order two or more
				  proceedings involving a similar question of law or fact to be consolidated where
				  rights of the parties or the public interest will not be prejudiced by such
				  procedure. The Commission or Hearing Examiner may order separate proceedings if
				  issues cannot be conveniently disposed of with other issues in the proceeding, or if
				  for any other reason severance of the parties is required.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.605 - Procedure for the Identification and Treatment in Hearings of Confidential or Proprietary Information or a Trade Secret

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever a
				party files testimony, exhibits or other documents which contain information which
				is claimed to be or determined to be confidential, proprietary or a trade secret,
				and that information is excluded from the public record, the testimony, exhibit or
				document shall indicate plainly that information has been deleted on the grounds
				that it is claimed to be or determined to be confidential, proprietary or a trade
				secret.
b) Parties may indicate that
				confidential or proprietary information or information which is a trade secret has
				been deleted by any method that plainly indicates on the public copy that
				information has been deleted and plainly identifies on the proprietary copy what
				specific information has been claimed to be or determined to be confidential,
				proprietary or a trade secret.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.610 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) In all proceedings
				subject to this Part, irrelevant, immaterial or unduly repetitious evidence shall be
				excluded. [5 ILCS
				100/10-40 ]
b)
				This subsection applies to all proceedings except those under the ICTL. In contested
				cases, and licensing proceedings, the rules of evidence and privilege applied in
				civil cases in the circuit courts of the State of Illinois shall be followed.
				However, evidence not admissible under such rules may be admitted if it is of a type
				commonly relied on by reasonable prudent persons in the conduct of their affairs.
				[5 ILCS
				100/10-40 ] Objections must be made at hearing to preserve
				them on appeal. Evidence may be received orally or in writing.
c) This subsection applies to proceedings under
				the ICTL. The rules of evidence which apply in civil cases before the circuit courts
				of this State shall, except as otherwise provided in Section 18c-2104 of the ICTL,
				apply to proceedings before the Commission. Evidence not admissible under the rules
				of evidence applicable in civil not may be admitted if it is of a type commonly
				relied upon by persons in the conduct of their affairs. Objections must be made at
				hearing to preserve them on appeal. Evidence may be received orally or in writing.
				[625 ILCS 5/18c-2104
				]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.615 - Waiver of Cross-examination

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the approval of the Hearing Examiner, parties and the
				  Staff may stipulate that:
a)
				cross-examination of witnesses may be waived;
b) any witnesses for whom cross-examination has
				been waived need not be present at the hearing; and
c) the prepared testimony of any witness for whom
				cross-examination has been waived shall be entered in the record by affidavit of the
				witness.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.620 - Testimony to be Under Oath or Affirmation

Current through Register Vol. 48, No. 28, July 12, 2024
All testimony to be considered by the Commission in formal
				  hearings, except matters officially noticed or entered by stipulation, shall be
				  sworn or affirmed testimony. The Hearing Examiner may permit any person an
				  opportunity to be heard, without requiring an oath, at any proceeding. These persons
				  shall not be considered parties to the proceeding unless they meet the definition of
				  "party" in Section
				  200.40.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.625 - Examination of Adverse Party or Agent

Current through Register Vol. 48, No. 28, July 12, 2024
Adverse parties and their employees and agents may be called upon
				  to testify in the manner contemplated by Section 2-1102 of the Code of Civil
				  Procedure [735 ILCS
				  5/2-1102 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.630 - Stipulation of Facts

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to any proceeding before the Commission may, by
				  stipulation in writing filed with the Commission or entered orally in the record,
				  agree upon the facts or any part thereof involved in the proceeding. It is the
				  policy of the Commission to encourage stipulations of fact whenever practicable.
				  Nothwithstanding the stipulation of the parties, the Commission or the Hearing
				  Examiner may require proof by evidence of the facts stipulated to, where the public
				  interest requires.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.640 - Administrative Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Consistent with
				Section
				200.610,
				the Commission or Hearing Examiner may take administrative notice of the following:
1) Rules, regulations, administrative rulings and
				orders, and written policies of governmental bodies other than the
				Commission.
2) Contents of certificates,
				permits and licenses issued by the Commission, and the orders, transcripts,
				exhibits, pleadings or any other matter contained in the record of other docketed
				Commission proceedings.
3) Annual
				reports, tariffs, classifications and schedules regularly established by or filed
				with the Commission as required or authorized by law or by an order or rule of the
				Commission.
4) State and Federal
				statutes and municipal and local ordinances.
5) The decisions of State and Federal
				courts.
6) Generally recognized
				scientific or technical facts within the specialized knowledge of the
				Commission.
7) All other matters of
				which the circuit courts of this State may take judicial notice.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.650 - Records of Other Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Where any portion of the record in any other proceeding is
				  admissible for any purpose and is offered in evidence, an accurate copy of such
				  portion shall be presented for the record in the form of an exhibit unless waived by
				  stipulation of the parties and any staff witnesses and approved by the Hearing
				  Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.660 - Prepared Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
It is the policy of the Commission to encourage the advance
				  submission of testimony and exhibits by all parties and staff witnesses. The Hearing
				  Examiner may direct parties and staff witnesses to serve testimony and exhibits and
				  may establish a date certain for service. Any party or staff witness who fails,
				  without good cause shown, to comply with an order of the Hearing Examiner for the
				  service of testimony and exhibits may be limited in the presentation of evidence in
				  the proceeding or otherwise restricted in participation, to avoid undue delay and
				  prejudice.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.670 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Marking and size of
				Exhibits. All exhibits shall be marked numerically and/or alphabetically with a
				party or staff designation and shall conform to the requirements of Section
				200.110.
b) Copies of Exhibits. When Exhibits are
				identified for the record, unless the Hearing Examiner directs otherwise, an
				original and two copies shall be offered at the hearing and a copy provided to the
				Hearing Examiner, and to each party and staff witness.
c) Designation of Part of Document as Evidence.
				When relevant and material matter offered in evidence is embraced in a book, paper
				or document containing other matter not material or relevant, the person offering
				the same must plainly designate the matter so offered. If other matter is in such
				volume as would unnecessarily encumber the record, such book, papers or document
				will not be received in evidence but may be marked for identification, and if
				properly authenticated, the relevant or material matter may be read into the record,
				or, if the Hearing Examiner so directs, a copy of such matter in proper form shall
				be offered as an Exhibit. All other parties and staff witnesses or their attorneys
				appearing at the hearing shall be afforded an opportunity to examine the book, paper
				or documents and to offer in evidence in like manner other portions thereof if found
				to be material and relevant.
d) Whenever
				a pre-filed exhibit contains language and/or figures that differ from the exhibit
				offered into evidence, the sponsoring witness 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.680 - Objections

Current through Register Vol. 48, No. 28, July 12, 2024
Any evidence offered in whatever form shall be subject to
				  appropriate and timely objections. The Hearing Examiner may, after notice to the
				  parties and staff witnesses, either with or without objection, exclude irrelevant,
				  immaterial, unduly repetitious or otherwise inadmissible evidence. Formal exception
				  to a ruling on admissibility of evidence need not be stated on the record in order
				  to be preserved.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.700 - Record in Commission Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				record in any proceeding before the Commission shall include:
1) All pleadings, (including all notices and
				responses thereto), motions and rulings;
2) Evidence received;
3) A statement of matters officially
				noticed;
4) Offers of proof, objections
				and rulings thereon;
5) Proposed
				findings and exceptions;
6) Any
				decision, opinion or report by the Hearing Examiner, except in cases that are not
				contested cases that or licensing proceedings and which do not arise under the
				Public Utilities Act;
7) All staff
				memoranda or data submitted to the Hearing Examiner or Commissioners in connection
				with their consideration of the case, except in cases that are not contested cases
				or licensing proceedings and that do not arise under the Public Utilities
				Act;
8) Any briefs, proposed orders and
				exceptions thereto which have been filed by the parties;
9) Orders and opinions of the Commission;
				and
10) Any communications prohibited by
				Section
				200.710, but
				such communications shall not form the basis for any finding of fact. [5 ILCS
				100/10-35 ]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.710 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless
				waived by written stipulation of the parties in the proceeding as provided by
				Section 10-70 of the Illinois Administrative Procedure Act [5 ILCS
				100/10-70 ], once notice of hearing has been given in a
				contested case or licensing proceeding, Commissioners, Commission employees and
				Hearing Examiners shall not communicate directly or indirectly with:
1) Any party to the proceeding on any issue in the
				proceeding; or
2) A party's
				representative on any issue in the proceeding; or
3) Any other person concerning an issue of fact in
				the proceeding;
without notice and opportunity for all parties to
				  participate.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.800 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the close of the
				hearing, any party or Staff witness may request an opportunity to file a brief. In
				instances where Staff witnesses file a brief, one consolidated brief shall be filed
				on behalf of all Staff witnesses. The Hearing Examiner, after notice, may require
				the filing of briefs. Briefs shall be filed in the same order as evidence was
				presented in the proceedings or as otherwise directed by the Hearing Examiner.
				Statements of fact in briefs and reply briefs should be supported by citation to the
				record.
b) Briefs shall be concise, and,
				if in excess of 30 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 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.820 - Hearing Examiner's Recommended or Proposed Order

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proceedings under the Public Utilities Act.
1) In
				any hearing, proceeding, investigation or rulemaking conducted by the Commission,
				the Commission, Commissioner or hearing examiner presiding, shall, after the close
				of evidentiary hearings, prepare a recommended or tentative decision, finding or
				order including a statement of findings and conclusions and the reasons or basis
				therefore, on all the material issues of fact, law or discretion presented on the
				record. Such recommended or tentative decision, finding or order shall be served by
				the Chief Clerk of the Commission on all parties who shall be entitled to a
				reasonable opportunity to respond thereto, either in briefs or comments otherwise to
				be filed or separately. The recommended or tentative decision, finding or order and
				any responses thereto, shall be included in the record for decision. [220 ILCS
				5/10-111 ].
2)
				Subsection (a)(1) applies only to those proceedings in which the decision is adverse
				to a party to the proceeding other than the Agency or in which a party or Staff
				requests that a recommended or tentative decision, finding or order be served based
				upon good cause shown. Good cause shall include, but not be limited to, a
				representation that issues that otherwise would have been contested have been
				resolved by agreement between two or more of the parties. [5 ILCS 100/10-45
				]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.830 - Exceptions; Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 14 days after
				service of the Hearing Examiner's proposed order, or such other time as is fixed by
				the Hearing Examiner, any party or Staff witness may file exceptions to the proposed
				order in a brief designated "Brief on Exceptions" and within 7 days after the time
				for filing "Briefs on Exceptions" or such other time as is set by the Hearing
				Examiner, any party or Staff witness may file as a reply, "Brief in Reply to
				Exceptions."
b) Exceptions and replies
				thereto with respect to statements, findings of fact or rulings of law must be
				specific and must be stated and numbered separately in the brief. When exception is
				taken or reply thereto is made as to a statement or finding of fact, a suggested
				replacement statement or finding must be incorporated. Exceptions and replies
				thereto may contain written arguments in support of the position taken by the party
				or Staff witnesses filing such exceptions or reply. When exceptions contain such
				written arguments in support of the position taken, the arguments and exceptions may
				be filed:
1) together in one "Brief on Exceptions";
				or
2) in two separate documents
				designated "Brief on Exceptions," containing arguments, and "Exceptions," containing
				the suggested replacement statements or findings.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.840 - Filing of Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) For proceedings
				initiated prior to January 1, 2000, a paper original and eight paper copies of all
				briefs shall be filed with the Commission.
b) For proceedings initiated after January 1,
				2000, an original of the brief shall be filed with the Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.850 - Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
				may hear oral argument upon seven days notice to the parties of the time and place
				upon:
1) Its own motion;
2) The motion of a party; or
3) A request for oral argument noted by a party on
				either its opening brief, reply brief or brief on exceptions, accompanied by a
				statement in support of such request in the body of the brief.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.860 - Commission Order

Current through Register Vol. 48, No. 28, July 12, 2024
Following receipt of the proposed order of the Hearing Examiner
				  and any briefs of the parties, and following oral argument, if any, the Commission
				  shall make its decision and shall serve a copy of its order upon all parties in the
				  manner provided by Section 10-112 of the Public Utilities Act [220 ILCS
				  5/10-112 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.870 - Additional Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
After the record in a proceeding has been marked "heard and taken"
				  but before issuance of a final order by the Commission, the Hearing Examiner may, on
				  application by staff or any party, on his or her own motion or when directed by the
				  Commission, hold additional hearings. Such application shall state the reasons
				  therefor, including material changes of fact or of law, and shall contain a brief
				  statement of proposed additional evidence and an explanation why such evidence was
				  not previously adduced. Unless directed by the Commission, the holding of additional
				  hearings under this Section shall be subject to the prior approval of the Chief
				  Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.875 - Post-Record Data

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the record in a
				proceeding (other than a rulemaking) has been marked "heard and taken" but before
				issuance of a final order by the Commission, the Hearing Examiner may, on his or her
				own motion or when directed by the Commission, direct any or all of the parties to a
				case to provide, by a deadline to be set by the Examiner, calculations and other
				numerical analyses of data that are related to evidence already in the record or the
				rate levels or rate structures being considered by the Commission and where, in the
				judgment of either the Examiner or the Commission, such calculations and analyses
				are necessary for the Commission to determine final rate levels or rate structures
				in the case. This directive shall be served on all parties to the case, and the
				parties shall be given an opportunity to reply in writing to any response made to
				the directive. The Examiner shall establish an expedited schedule for all such
				responses and replies in light of the procedural schedule of the proceedings and any
				time constraints thereon imposed by statute or rule. All such responses and replies
				shall be served on all parties and, where verified by the filing party, shall be
				incorporated into the record of the case as a form of late-filed exhibit.
b) All calculations and numerical analyses
				requested in accordance with subsection (a) above shall be requested and offered for
				the purpose of determining final rate levels or rate structures and for no other
				purpose.
c) Nothing in this Section
				shall be construed to limit the discretion of the Hearing Examiner or Commission,
				for good cause shown, to consider late-filed exhibits for admission into
				evidence.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.880 - Rehearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) After issuance of an
				order on the merits by the Commission, a party may file an application for
				rehearing. The application shall state the reasons therefore and shall contain a
				brief statement of proposed additional evidence, if any, and an explanation why such
				evidence was not previously adduced. The application shall be filed within 30 days
				after service of the order on the party.
1) For
				proceedings initiated prior to January 1, 2000, a paper original and eight paper
				copies of the application shall be filed with the Commission;
2) For proceedings initiated after January 1,
				2000, an original of the application shall be filed with the Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.890 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appeals from
				Commission final administrative decisions and orders entered under the Electric
				Supplier Act [220 ILCS 30 ] and the Illinois Commercial Relocation of Trespassing
				Vehicles Law [625 ILCS 5 /Ch. 18A] shall be as provided by the Administrative Review
				Law [735 ILCS 5 /Art. III]; appeals from decisions and orders entered under the ICTL
				and the Public Utilities Act shall be as provided in those statutes.
b) Notice of appeals under Section 10-201 of the
				Public Utilities Act [220 ILCS 5/10-201 ] shall be served
				on all other parties of record. The notice of appeal filed with the Commission shall
				be captioned "(The name of appellant) v. Illinois Commerce Commission." In the body
				of the notice the appellant shall state the name and number of the Commission
				Docket, the order or orders appealed, but shall otherwise follow the form
				established by the Supreme Court Rules.
c) This subsection applies to appeals taken from
				Commission action under the ICTL or the Illinois Commercial Relocation of
				Trespassing Vehicles Law.
1) In such appeals, the
				appellant has a duty to provide all the transcripts and exhibits for the record on
				appeal. Within 20 days of the filing of the notice of the appeal, the appellant must
				file the transcripts and exhibits with the Commission or enter into a stipulation
				with counsel for the Commission, extending the time for filing the transcripts and
				exhibits.
2) In the event that the
				appellant does not have all the transcripts and exhibits, the appellant may order
				the missing material from the Commission by filing a letter within the 20-day period
				(or within such time as required by the stipulation). Said letter must specify the
				Commission docket number, the date of each transcript ordered, and the nature and
				identification of each exhibit ordered. Letters not specifying the material to be
				copied or letters requesting the Commission to produce the record will be rejected
				and oral communication is insufficient.
3) None of the material duplicated as provided in
				subsection (c)(2) will be released until the copying fee prescribed by Section 2-201
				of the Public Utilities Act [220 ILCS 5/2-201 ] is paid.
4) Exercise of subsections (c)(2) and (c)(3) above
				does not relieve the appellant of his statutory duty to timely file the transcripts
				and exhibits. The permission given in subsections (c)(2) and (c)(3) does not mean or
				imply that the Commission will take upon itself the burden to duplicate and produce
				the record.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 200.900 - Reopening on Motion of the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
After issuance of an order by the Commission, the Commission may,
				  on its own motion, reopen any proceeding when it has reason to believe that
				  conditions of fact or law have so changed as to require, or that the public interest
				  requires, such reopening. No party may petition the Commission to reopen on its own
				  motion until after the time to petition for rehearing has expired.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1000 - Overview of Electronic Filing

Current through Register Vol. 48, No. 28, July 12, 2024
One of the stated purposes of the Electronic Commerce Security Act
				  is to facilitate electronic filing of documents with State and local government
				  agencies, and promote efficient delivery of government services by means of reliable
				  electronic records. [5 ILCS
				  175/1-105(3) ] The Electronic Commerce
				  Security Act authorizes State agencies to send and receive electronic records and
				  electronic signatures. In addition, the Commission has the authority over its
				  process and proceedings pursuant to Section 10-101 of the Public Utilities Act
				  [220 ILCS
				  5/10-101 ]. To that end, the Commission is committed to
				  facilitating the filing, distributing, and accessing of documents electronically,
				  subject to the Commission's Rules of Practice, through its electronic filing system,
				  "e-Docket". Any person may file a document in an electronic format. However, nothing
				  in this Part should be construed to require any person to file any document in an
				  electronic format.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1010 - Acceptable Formats

Current through Register Vol. 48, No. 28, July 12, 2024
a) All electronic
				documents submitted to the Commission via e-Docket shall be in Adobe Acrobat
				Portable Document Format (PDF).
b) All
				e-Docket electronic records will be stored by the Commission in Adobe Acrobat
				PDF.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1020 - e-Docket Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each person
				seeking to file electronic documents must have an active e-Docket account.
b) The application for an e-Docket account is
				available on e-Docket on the Commission's Web site or can be obtained by calling or
				e-mailing the e-Docket help desk.
c) The
				e-Docket application requires the following information:
1) First name and last name;
2) Primary mailing address and phone
				number;
3) Preferred user
				name;
4) Password;
5) Challenge question and answer; and
6) Notarized signature.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1030 - Control Processes

Current through Register Vol. 48, No. 28, July 12, 2024
a) e-Docket allows
				only users with an I.D. and passwords to file electronic documents.
b) Only members of the service list for a
				particular docketed case are allowed to file electronic documents in that case. This
				does not prohibit the electronic filing of petitions to intervene in a case in which
				the person filing the petition is not yet a member of the service list.
c) Filings are scanned for computer viruses prior
				to being uploaded into the e-Docket system and will be rejected if the filing is
				infected. The submitter of such an electronic document will be notified of the
				rejection.
d) The Web browser must be
				set to accept cookies in order for users to submit electronic documents. Cookies
				identify users and instruct the server to send a customized version of the requested
				Web page to the user. Cookies also submit account information for the
				user.
e) e-Docket logs every filing with
				the user I.D., date, time, and file size information.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1040 - Submission of Electronic Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
				filing electronic documents shall receive a receipt with an identification number
				that shall be sent electronically. Documents that are required to be verified, that
				have an affidavit, or that are certified in the manner provided by Section 1-109 of
				the Code of Civil Procedure must include the scanned verification, affidavit or
				certification pages in the filed electronic document in Adobe Acrobat PDF.
				Otherwise, documents that are required to be verified, that have an affidavit, or
				that are certified in the manner provided by Section 1-109 of the Code of Civil
				Procedure shall be deemed to be officially filed or received only when the person
				submitting the electronic document submits to the Commission the original
				verification, affidavit or certification pages accompanied by a printed copy of the
				electronic receipt for that document.
b)
				The filing of an electronic document is effective upon acceptance of the complete
				document, and, if applicable, any required original paper verification, affidavit or
				certification pages, by the Chief Clerk of the Commission in one of the formats
				specified in Section
				200.1010(a).
				Any required verification, affidavit or certification pages, whether they be in an
				electronic format or a paper version, must be received and accepted by the Chief
				Clerk for purposes of meeting filing deadlines, unless otherwise specified by the
				Commission or the Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1045 - Electronic Documents Accepted by the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All documents either initiating a docketed proceeding or filed in
				  a docketed proceeding may be submitted to the Commission as electronic
				  documents.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1050 - Service by Electronic Means

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service by
				electronic means is allowed when agreed to by individual parties. Notwithstanding
				Section
				200.150, any party
				required to serve a pleading or other document may serve copies of pleadings and
				other documents on other parties of record by electronic means in substitution of
				first class mail, provided that the service is on an e-mail address that the
				recipient has identified in its appearance or in a subsequent filing or agreement.
				Because of pagination and format concerns, the parties are encouraged to serve in
				PDF. When serving by electronic means, service is deemed complete on the day of
				electronic transmission if transmitted at or before the time due, except service by
				electronic means on weekends or holidays shall be deemed complete on the next
				business day unless otherwise specified by the Commission or the Hearing
				Examiner.
b) If any party files a
				proprietary electronic document (see Section
				200.430 ), that party must
				serve the proprietary electronic document on any other party of record that has the
				right to see the document on any legal or contractual basis, such as a
				confidentiality agreement, and a public redacted version pursuant to Section
				200.430. The e-Docket system does not allow any person outside of the Commission to
				see or access proprietary electronic documents.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart F - ELECTRONIC FILING › Section 200.1060 - Electronic Documents and the Hearing Process

Current through Register Vol. 48, No. 28, July 12, 2024
If any prefiled testimony or exhibit in the e-Docket system is
				  offered and admitted into evidence without alteration at a hearing in a docketed
				  proceeding, the official copy is the document found in the e-Docket system. If a
				  prefiled document is submitted without alteration at hearing, the requirements of
				  Section
				  200.670 to offer multiple
				  copies at hearing is eliminated. If any prefiled testimony or exhibit in the
				  e-Docket system is altered at hearing in any way and admitted into evidence, the
				  altered testimony or exhibit is the official copy. The sponsoring party must serve
				  the complete altered document on the Commission and the other parties of record
				  within seven days after that hearing or, if applicable, within seven days after the
				  end of a continuous, day-to-day set of hearings, unless otherwise directed by the
				  Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.10 - Procedure Governed

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs practice and procedure before the Illinois
				Commerce Commission (Commission) in the mediation proceedings under Section 10-101.1
				of the Public Utilities (Act) [220 ILCS 5/10-101.1]. This Part does
				not apply in the mediation proceedings under Section 13-713 of the Act
				[220
				ILCS 5/13-713 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 201 - VOLUNTARY MEDIATION PRACTICE › Section 201.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms as used in this Part shall have the following
				meanings:
"Act" means the Public Utilities Act [220 ILCS 5 ].
"Mediation" means a process in which a mediator facilitates
				communication and negotiation between parties to assist them in reaching a voluntary
				agreement regarding their dispute. (Section 2(1) of the Uniform Mediation Act
				[710 ILCS
				35/2(1) ]
"Mediation communications" means any documents of every kind and
				nature, including work papers, photographs, films, recordings, memoranda, books,
				records, accounts, all recoverable information in computer storage, including the
				original and non-identical copies and drafts of all recorded or graphic matter
				whatsoever, whether in written, electronic or other format, and any oral
				communications of every kind and nature, where such mediation communications have
				been exchanged, shared or divulged in the context of "mediation" as that term is
				defined in this Section.
"Mediation participant" means an interested person whose rights or
				interests would be affected by a dispute and who participates in a mediation
				pursuant to this Part.
"Mediator" means an independent neutral third party or trained
				member of Commission staff who acts in a non-judicial capacity to facilitate
				communication, promote understanding, focus the mediation participants on their
				interests, and seek creative problem solving to enable the mediation participants to
				reach their own resolution of the dispute.
"Party" shall have the same meaning as it does in 83 Ill. Adm. Code
				200.40.
"Person" means an individual, corporation, business trust, estate,
				trust, partnership, limited liability company, association, joint venture,
				government, governmental subdivision, agency, or instrumentality, public
				corporation, or any other legal or commercial entity. [710 ILCS
				35/2(6) ]
"Proceeding" means any judicial, administrative, arbitral, or other
				adjudicative process, including related pre-hearing and post-hearing motions,
				conferences, and discovery; and also any legislative hearing or similar
				process.