reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.105 - 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 white
				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 one side of the paper
				only 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 said requirements.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.110 - Filing of Petition for Approval of Negotiated Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) All petitions for approval of a negotiated
				agreement shall be jointly filed by the parties to the agreement. In addition, all
				petitions:
1) Shall be verified.
2) Shall be accompanied by the verified written
				statements and exhibits to support their position that:
A) neither the agreement, nor any portion thereof,
				discriminates against a carrier not a party to the agreement; and
B) neither implementation of the agreement, nor
				any portion thereof, would be inconsistent with the public interest.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.130 - Contents of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents
				submitted in approval proceedings before the Commission shall display the docket
				number of the proceeding. Documents initiating a new proceeding shall leave a space
				for the docket number. All documents shall also include the full name, address, and
				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 a proceeding, shall state whether it agrees to accept service by
				electronic means as provided for in Section
				763.1050.
				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.
b) The original of every
				document filed with the Commission 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. The verification shall be in
				form and substance as follows:
I,
do on oath depose and state that the facts
contained in the foregoing document are true and correct
							 to the best of my knowledge and belief.
SIGNATURE OF PERSON VERIFYING DOCUMENT
SIGNED AND SWORN TO BEFORE ME THIS
DAY OF
,
(year)
.
NOTARY PUBLIC
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.140 - Copies of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any
				proceeding subject to this Part that was initiated prior to January 1, 2000, all
				documents shall be filed with the Chief Clerk in one original and two paper copies,
				unless otherwise specified in this Part.
b) For any proceeding subject to this Part that
				was initiated after January 1, 2000, one original document shall be filed with the
				Chief Clerk.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.150 - 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. Service
				on the Chief Clerk of the Commission cannot be made by telephone facsimile. All
				documents shall be served upon the parties to the proceeding 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart C - SCHEDULING AND DISCOVERY PROCEDURES › Section 763.200 - Scheduling Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
Upon direction of the Commission or on his or her own motion, the
				  Administrative Law Judge may request all parties to attend a scheduling conference.
				  Notice of the conference shall be given in writing, telephone, e-mail, or telephone
				  facsimile not later than 24 hours before the pre-hearing conference. Such a
				  conference may be held for any purpose, including, but not limited to:
a) Scheduling;
b) Identification and simplification of
				issues;
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 evidence and disposition
				of the proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart C - SCHEDULING AND DISCOVERY PROCEDURES › Section 763.210 - 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 a hearing, the Hearing Examiner may suspend further
				  proceedings until compliance is obtained, or the Hearing Examiner may strike all or
				  any part of the pleadings of such party, or refuse to allow the party to support
				  designated claims or defenses.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart C - SCHEDULING AND DISCOVERY PROCEDURES › Section 763.230 - Protective Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time during the
				pendency of a proceeding, the Commission or the Administrative Law Judge 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 Commission or the Administrative Law Judge.
d) A public redacted version of each document
				submitted pursuant to this Section must also be submitted with the proprietary
				version.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.300 - Disqualification of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Hearing
				Examiner assigned to a proceeding may, upon written request to and approval of the
				Chief Hearing Examiner, recuse himself or herself from the proceeding.
b) Whenever any party believes a Hearing Examiner
				for any reason should be disqualified from conducting, or continuing to conduct, a
				proceeding assigned to him or her, such party may file a motion to disqualify the
				Hearing Examiner, setting forth by affidavit the alleged grounds for
				disqualification. The Hearing Examiner shall have 5 days after filing of the motion
				within which to enter a written ruling thereon. A copy of such ruling shall be
				served upon all parties.
c) Any ruling
				by a Hearing Examiner denying a request for recusal under this Section may be
				reviewed by the Commission. Review shall be sought no more that 3 days from the
				denial of the motion to recuse or disqualify. The party seeking review of the ruling
				shall file with the Chief Clerk a verified petition, together with any offer of
				proof, and shall serve a copy of the petition upon the Hearing Examiner and all
				parties to the proceeding. Other parties and the staff representative may file
				responses within 3 days after the filing of the petition. The Hearing Examiner shall
				have 3 days from the filing of the petition within which to file a report to the
				Commission with the Chief Clerk, who shall serve copies of such report on the
				parties and staff representatives.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.320 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complete record of
				all proceedings conducted under this Part, including oral arguments before the
				Commission or Hearing Examiner, 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 Petitioner.
b) Suggested corrections to the transcript of
				record must be filed within 7 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 each party, the official reporter and the Hearing Examiner.
c) Objections to suggested corrections shall be
				filed within 5 days after the filing of the suggestions, unless otherwise prescribed
				by the Hearing Examiner. The Hearing Examiner shall 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.330 - Consolidation and Severance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where not
				inconsistent with the requirements of the Communications Act of 1934, the Commission
				or Hearing Examiner may, to the extent practical, order the consolidation of two or
				more proceedings under Section 252(b) of the Communications Act of 1934 in order to
				reduce administrative burdens on telecommunications carriers and the Commission in
				carrying out its responsibilities under Section 252 of the Communications Act of
				1934.
b) Where not inconsistent with the
				requirements of the Communications Act of 1934, the Commission or Hearing Examiner
				may, to the extent practical, order the severance of two or more proceedings
				previously consolidated under subsection (a) of this Section in order to reduce
				administrative burdens on telecommunications carriers and the Commission in carrying
				out its responsibilities under Section 252 of the Communications Act of 1934 or
				order the severance of issues from a proceeding in those instances where the issues
				need not be decided within the time limit set in the Communications Act of 1934 for
				the Commission's decision on an agreement adopted by negotiation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.340 - Information to be Adduced

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 hearing 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 Hearing Examiner may, either with or without objection, exclude
				irrelevant, immaterial, unduly repetitious or otherwise inadmissible
				information.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.350 - Information to be Under Oath or Affirmation

Current through Register Vol. 48, No. 28, July 12, 2024
All orally presented information to be considered by the
				  Commission shall be sworn or affirmed testimony.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.360 - Stipulation of Facts

Current through Register Vol. 48, No. 28, July 12, 2024
The parties and Staff may, by written stipulation filed with the
				  Commission or by oral stipulation entered in the record, agree upon the facts or any
				  part thereof related to the contested issues in the proceeding. Notwithstanding the
				  stipulation of the parties, the Commission or the Hearing Examiner may require
				  further information in support of the facts so stipulated.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.370 - 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
				763.120
				of this Part.
b) 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart D - INFORMATION GATHERING PROCEDURE › Section 763.380 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				provisions of Section 10-60 of the Illinois Administrative Procedure Act
[5 ILCS
				100/10-60 ]
shall apply in full to Commission
				proceedings that are subject to this Part. The provisions of Section 10-60 shall not
				apply, however, to communications between Commission employees who are engaged in
				investigatory or advocacy functions and other parties to the proceeding, provided
				that such Commission employees are still prohibited from communicating on an ex
				parte basis, as designated in Section 10-60, directly or indirectly, with members of
				the Commission, any Hearing Examiner in the proceeding, or any Commission employee
				who is or may reasonably be expected to be involved in the decisional process of the
				proceeding.
b)
Any
				Commissioner, Hearing Examiner, or other Commission employee who is or may
				reasonably 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 Illinois Administrative Procedure Act as modified by Section
				10-103 of the Public Utilities Act
[220 ILCS 5/10-103
				]
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 (b)(1) and (2).
[220 ILCS 5/10-103
				]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart E - PROCEDURE FOLLOWING INFORMATION GATHERING › Section 763.400 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Examiner
				or the Commission may order the parties to file a brief. If hearings are held,
				parties must use transcript citations if they refer to testimony or evidence adduced
				at a hearing. In the discretion of the Commission or the Hearing Examiner, failure
				to use transcript citations may result in rejection of all or part of the
				brief.
b) Briefs shall be concise, and,
				if in excess of 20 pages, excluding appendices, shall contain:
1) A table of contents;
2) A short statement of the case;
3) A summary of the position of the party filing;
				and
4) Argument.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart E - PROCEDURE FOLLOWING INFORMATION GATHERING › Section 763.420 - Hearing Examiner's Proposed Decision

Current through Register Vol. 48, No. 28, July 12, 2024
In a contested case, the Hearing Examiner presiding shall prepare
				  a proposed decision, including a statement of findings and conclusions and the
				  reasons or basis therefor, on all material issues. Such proposed decision shall be
				  served by the Chief Clerk of the Commission on all parties to the
				  proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart E - PROCEDURE FOLLOWING INFORMATION GATHERING › Section 763.430 - Exceptions; Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may file
				exceptions to the Hearing Examiner's proposed decision at such time as is fixed by
				the Hearing Examiner or the Commission. The Hearing Examiner or the Commission may
				also require the parties to file as a reply "Brief in Reply to
				Exceptions."
b) Exceptions and replies
				to exceptions 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 a reply is made as to a statement or finding of fact, a suggested
				replacement statement or finding must be incorporated. Exceptions and replies may
				contain written arguments in support of the position taken by the party or staff
				witnesses filing such exceptions or reply.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart E - PROCEDURE FOLLOWING INFORMATION GATHERING › Section 763.460 - Additional Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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, hold
				  additional hearings.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart E - PROCEDURE FOLLOWING INFORMATION GATHERING › Section 763.470 - 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1000 - 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 this Part, 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1010 - 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 one of the following
				formats:
1) Microsoft Word for Windows, version
				6.0 or greater;
2) Corel WordPerfect for
				Windows, version 6.0 or greater;
3)
				Microsoft Excel for Windows, version 4.0 or greater;
4) Lotus 1-2-3 for Windows, version 4.0 or
				greater;
5) ASCII Text; or
6) Adobe Acrobat Portable Document Format (PDF)
				version 2.0 or greater.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1020 - 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1030 - 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 proceeding 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1040 - 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 or
				that have an affidavit must include the scanned verification or affidavit pages in
				the filed electronic document in Adobe Acrobat PDF; otherwise documents that are
				required to be verified or that have an affidavit shall be deemed to be officially
				filed or received only when the person submitting the electronic document submits to
				the Commission the original verification or affidavit 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 or affidavit pages by the Chief Clerk of the Commission
				in one of the formats specified in Section
				763.1010(a).
				Any required verification or affidavit 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 Administrative Law Judge.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1045 - Electronic Documents Accepted by the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All documents either initiating a proceeding subject to this Part
				  or filed in a proceeding subject to this Part may be submitted to the Commission as
				  electronic documents.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1050 - 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. Not withstanding
				Section
				763.150, 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 format. 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 Administrative Law Judge.
b) If any party files a proprietary electronic
				document (see Section
				763.230 ), 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
				763.230. 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 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 763.1060 - 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 Negotiated
				  Agreement proceeding, the official copy is the document found in the e-Docket
				  system. If a prefiled document is submitted without alteration at hearing, any
				  requirement 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 offical copy. The
				  sponsoring party must serve the complete altered electronic 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 Administrative Law
				  Judge.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart G - EXPEDITED APPROVAL OF NEGOTIATED AGREEMENTS › Section 763.1100 - Expedited Approval of Negotiated Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding the requirements contained in Subparts B through
				  F, all filings seeking Commission approval of a Negotiated Agreement shall be
				  submitted electronically to the Commission's Negotiated Agreement Filing System
				  pursuant to requirements set forth in this Subpart.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart G - EXPEDITED APPROVAL OF NEGOTIATED AGREEMENTS › Section 763.1110 - Negotiated Agreement Filing System Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party seeking to submit a Negotiated Agreement to the
				  Commission's Negotiated Agreement Filing System must obtain an on-line account with
				  the Commission.
b) The Commission's Chief Clerk shall publish on its website
				  information required by the Commission to register for and maintain an on-line
				  account to access the Commission's Negotiated Agreement Filing System. This
				  information shall include the website address for the Commission's Negotiated
				  Agreement Filing System.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart G - EXPEDITED APPROVAL OF NEGOTIATED AGREEMENTS › Section 763.1120 - Submission of the Negotiated Agreement for Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) One or more parties to the Negotiated Agreement, in seeking
				  approval of a Negotiated Agreement, shall submit a complete and executed electronic
				  copy of the Negotiated Agreement and an electronic transmittal letter that meets all
				  filing requirements of the Commission's Negotiated Agreement Filing System.
b) All documents submitted to the Commission's Negotiated
				  Agreement Filing System shall be in PDF electronic format.
c) Upon successful completion of a submission to the Commission's
				  Negotiated Agreement Filing System, a tracking number will be provided
				  electronically to the submitting party.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart G - EXPEDITED APPROVAL OF NEGOTIATED AGREEMENTS › Section 763.1130 - Negotiated Agreement Approval Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Negotiated Agreement meeting the requirements of Section
				  763.1120
				  shall be deemed filed on the third business day after it is electronically entered
				  in the Commission's Negotiated Agreement Filing System ("Filed Date"), and shall be
				  displayed on a public page of the Commission website with the Filed Date.
b) If no Verified Petition contesting approval is timely filed
				  pursuant to subsection (c), or if the Commission does not on its own motion initiate
				  a proceeding for the purposes of determining approval, a Negotiated Agreement filed
				  with the Commission shall, with no further Commission action, be approved pursuant
				  to this Part 30 days after the Filed Date. The Negotiated Agreement shall thereafter
				  be displayed as approved on the Commission's website.
c) An interested party may, within 14 business days after the
				  Filed Date, initiate a docketed proceeding by filing a Verified Petition seeking
				  rejection of the Negotiated Agreement pursuant to the requirements of Section
				  763.110.
				  Upon the timely filing of a Verified Petition pursuant to Section 763.110, or upon
				  initiation by the Commission on its own motion of a docketed proceeding for the
				  purposes of determining approval, the Commission's website will note that the
				  Negotiated Agreement is the subject of a contested proceeding and indicate the
				  appropriate docket number. When a docketed proceeding is established, the procedures
				  of this Subpart will be suspended and the procedures of Subparts B through F of this
				  Part shall apply to the docketed proceeding. Any party to the Negotiated Agreement
				  shall have the right to pursue approval of the Negotiated Agreement in any such
				  docketed proceeding. In a docketed proceeding, the parties to the Negotiated
				  Agreement retain the burden of proof.
d) If the party or parties seeking approval of a Negotiated
				  Agreement choose to withdraw the agreement, they shall, prior to 30 days after the
				  Filed Date, submit an electronic transmittal letter that meets all filing
				  requirements of the Commission's Negotiated Agreement Filing System stating that
				  they are withdrawing the request for approval of the Negotiated Agreement. The
				  Commission's website will note that the Negotiated Agreement has been
				  withdrawn.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 765 - UNIVERSAL SERVICE › Section 765.10 - Discounts for Entities Eligible for Universal Service Support

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Commerce Commission adopts the
			 amounts specified in
			 47 CFR
			 54.505 as of July 17, 1997 for the discounts on
			 intrastate telecommunications services available to those entities that qualify for
			 such universal service discounts on intrastate telecommunications services pursuant
			 to
			 47 CFR
			 54.501.
b) No later amendments or editions are
			 incorporated by this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all proceedings before the Illinois
				  Commerce Commission (Commission) initiated by a complaint filed pursuant to Section
				  13-515 of the Public Utilities Act (Act) [220
				  ILCS 5/13-515 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.11 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms as used in this Part shall have the following
				  meanings:
"e-Docket" means a Web based electronic filing system that allows
				  electronic filing, management, and access to electronic records that make up case
				  files.
"Electronic" includes electrical, digital, magnetic, optical,
				  electromagnetic, or any other form of technology that entails capabilities similar
				  to these technologies. [220 ILCS 5/3-122 ]
"Electronic document" means a pleading or a document transmitted
				  by electronic means to the Commission with an electronic signature attached.
"Electronic record" means a record generated, communicated,
				  received, or stored by electronic means for use in an information system or for
				  transmission from one information system to another. [5 ILCS
				  175/5-105 ]
"Electronic signature" means a signature in electronic form issued
				  by the Commission pursuant to Section
				  766.1020 and
				  consisting of a user I.D. and password attached to or logically associated with an
				  electronic document.
"E-mail address" means a destination, commonly expressed as a
				  string of characters, to which electronic mail may be sent or delivered.
				  [815 ILCS 511/5
				  ]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.12 - 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 one side of the paper
				only 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 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.15 - Waiver of Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				complainant files a complaint seeking relief pursuant to Section 13-515(d) of the
				Act, the complainant must indicate in the complaint whether it will agree to waive
				the time limit requirements in Section 13-515(d) of the Act for actions required by
				that subsection of the Act.
b) A
				respondent served with a complaint seeking relief pursuant to Section 13-515(d) of
				the Act must notify the Commission and the complainant, within one day after receipt
				of the complaint, whether it will agree to waive the time limit requirements in
				Section 13-515(d) of the Act for actions required by that subsection of the Act.
				This notice shall be served in the same manner dictated by Section 13-515(d)(4) for
				the service of answers and other responsive pleadings.
c) The Commission will agree to waive the time
				limit requirements in Section 13-515(d) of the Act in all cases in which the
				complainant and respondent agree to waive said time limit requirements as prescribed
				in subsections (a) and (b) of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.20 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Intervention in any
				proceeding brought pursuant to Section 13-515 of the Act will be allowed only upon a
				showing that the entity filing a petition to intervene is in the same position as
				either the complainant or the respondent in the proceeding in which it is attempting
				to intervene.
b) An intervenor shall be
				subject to any waivers of time limits agreed to by the complainant, the respondent,
				and the Commission.
c) An intervenor
				shall be subject to any schedule that has been established prior to its
				intervention.
d) A petition to intervene
				shall contain:
1) The 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
				petitioner seeking leave to intervene;
2) A plain and concise statement of the nature of
				such petitioner's interest;
3) A prayer
				for leave to intervene and be treated as a party to the proceeding;
4) A statement as to whether the petitioner agrees
				to accept service by electronic means as provided for in Section
				200.1050. A petitioner later
				may agree, or may revoke its agreement, to accept electronic service, provided that
				the petitioner shall file and serve a notice of the later agreement or
				revocation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.25 - Interlocutory Review Not Allowed

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall not conduct any interlocutory review of any
				  rulings made by a Hearing Examiner in any proceeding filed pursuant to Section
				  13-515 of the Act. Section
				  200.520
				  of the Commission's Rules of Practice (83 Ill. Adm. Code 200.520) is not applicable
				  to any proceedings subject to this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart A - APPLICABILITY AND PRELIMINARY PROCEDURES › Section 766.30 - Protective Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time during
				the pendency of a proceeding, the Commission or the Hearing Examiner 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 Commission or the Hearing Examiner.
d) A public redacted version of each document
				submitted pursuant to this Section must also be submitted with the proprietary
				version.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart B - EMERGENCY RELIEF PROCEDURES › Section 766.100 - Waiver of Emergency Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				complainant files a complaint seeking emergency relief pursuant to Section 13-515(e)
				of the Act, the complainant must indicate in the complaint whether it will agree to
				waive the requirement that the decision of the hearing examiner or arbitrator to
				grant or deny emergency relief shall be considered an order of the Commission unless
				the Commission enters its own order within 2 calendar days after the decision of the
				hearing examiner or arbitrator.
b) A
				respondent served with a complaint seeking emergency relief pursuant to Section
				13-515(e) of the Act must notify the Commission and the complainant, either within
				24 hours after receipt of the complaint when the complaint is filed before noon, or
				by noon on the next business day when the complaint is filed after noon, whether it
				will agree to waive the requirement that the decision of the hearing examiner or
				arbitrator to grant or deny emergency relief shall be considered an order of the
				Commission unless the Commission enters its own order within 2 calendar days after
				the decision of the hearing examiner or arbitrator.
c) In all cases in which the complainant and
				respondent agree to waive the requirement that the decision of the hearing examiner
				or arbitrator to grant or deny emergency relief shall be considered an order of the
				Commission unless the Commission enters its own order within 2 calendar days after
				the decision of the hearing examiner or arbitrator, the decision shall be considered
				the final order of the Commission unless the Commission enters its own order within
				2 business days after the decision of the hearing examiner or arbitrator.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 766 - TELECOMMUNICATIONS ENFORCEMENT › Subpart B - EMERGENCY RELIEF PROCEDURES › Section 766.110 - Emergency Relief Filing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				party filing a complaint in which it seeks emergency relief under Section 13-515(e)
				of the Act shall also file with the complaint a draft order that complies with the
				requirements for an order that are specified in Section 13-515(e). The complaint for
				emergency relief shall include as an exhibit a copy of any written notice submitted
				to the respondent pursuant to Section 13-515(c) of the Act or, if no written notice
				was submitted, an affidavit attesting to compliance with Section 13-515(c) of the
				Act.
b) A respondent in a proceeding in
				which the complainant is seeking emergency relief may file a response. If a
				respondent chooses to file a response, it must do so by noon of the next business
				day.
c) Any respondent that has been
				served with a complaint in which the complainant is seeking emergency relief may
				file a draft order at any time prior to the issuance of an order by the hearing
				examiner or arbitrator granting or denying the emergency relief.