reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 105 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM › Section 105.10 - Routine Bank Transactions

Current through Register Vol. 48, No. 28, July 12, 2024
The opening of bank accounts, deposit of monies in such accounts,
				the withdrawal of monies from such accounts by checks, drafts, bills of exchange or
				otherwise, the making of time deposits with banks, the purchase from banks, at not
				to exceed prevailing market prices, of obligations of the United States maturing not
				more than five years thereafter, the sale to banks of such obligations of the United
				States at not less than prevailing market prices, and the making use of routine
				custodial and handling services of banks with respect to securities at not to exceed
				standard charges, all in the ordinary course of business, are not considered to be
				contracts or arrangements within the purview of the provisions of Section 7-102(g)
				and (h) of the Illinois Public Utilities Act ("Act") [220 ILCS
				5/7-102(g) and (h) ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 105 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM › Section 105.20 - Donations, Contributions and Memberships

Current through Register Vol. 48, No. 28, July 12, 2024
Donations and contributions to charitable organizations, relief
				funds (including funds for the relief of employees), community chests, civic
				enterprises and other organizations and institutions of similar character not
				organized or conducted for pecuniary profit, and the payment of membership fees and
				dues on behalf of either a utility or its employees to trade associations, chambers
				of commerce, service clubs and other organizations conducted for civic or business
				improvement, are not considered to be within the purview of Section 7-102(g) and (h)
				of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 105 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM › Section 105.30 - Investments

Current through Register Vol. 48, No. 28, July 12, 2024
The investment by a utility of its funds in obligations of the
				United States or of any body corporate or association organized or created by Act of
				the Congress of the United States as may from time to time be approved by this
				Commission for such investment or in obligations of the State of Illinois or of any
				county, city, school district or other political subdivision thereof, or in its own
				stock or securities is not considered to be within the purview of Section 7-102(g)
				and (h) of the Act. In addition, any utility may, without the approval of the
				Commission, invest its funds in any other obligations or investments, except real
				estate mortgages, in which trust funds may lawfully be invested under the provisions
				of the Trust and Trustees Act [760 ILCS 5 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 105 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM › Section 105.40 - Sales and Leases and Other Transactions which need not be filed or approved

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
			 Section 7-102 of the Act, and subject to the other provisions of this Part, the
			 Commission hereby waives, as to all public utilities, the filing and necessity for
			 approval of:
1) sales of property involving a
			 consideration of not more than $300,000 for utilities with gross revenues in excess
			 of $50,000,000 annually and a consideration of not more than $100,000 for all other
			 utilities;
2) leases, easements and
			 licenses involving a consideration or rental of not more than $30,000 for utilities
			 with gross revenues in excess of $50,000,000 annually and a consideration or rental
			 of not more than $10,000 per year for all other utilities;
3) leases of office building space not required by
			 the public utility in rendering service to the public;
4) the temporary leasing, lending, or
			 interchanging of equipment in the ordinary course of business or in case of an
			 emergency; and
5) purchase-money
			 mortgages given by the public utility in connection with the purchase of tangible
			 personal property where the total obligation to be secured shall be payable within a
			 period not exceeding one year.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.10 - Procedure Governed

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part governs
				practice and procedure before the Illinois Commerce Commission in docketed
				proceedings, other than those before Commission employee boards, arising out of any
				law which confers jurisdiction on the Commission.
b) This Part does not apply to informal
				proceedings and activities including but not limited to inquiries conducted pursuant
				to notices of inquiry.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.20 - Construction of This Part

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall not be construed to abrogate, modify or limit any
				  rights, privileges or immunities granted or protected by the Constitution or laws of
				  the State of Illinois or the United States.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.25 - Standards for Discretion

Current through Register Vol. 48, No. 28, July 12, 2024
All Commission discretion under this Part shall be exercised so as
				  to accomplish the goals set forth in the remainder of this Section.
a) Integrity of the fact-finding process - The
				principal goal of the hearing process is to assemble a complete factual record to
				serve as basis for a correct and legally sustainable decision.
b) Fairness - Persons appearing in and affected by
				Commission proceedings must be treated fairly. To this end, parties which do not act
				diligently and in good faith shall be treated in such a manner as to negate any
				disadvantage or prejudice experienced by other parties.
c) Expedition - Proceedings must be brought to a
				conclusion as swiftly as is possible in keeping with the other goals of the hearing
				process.
d) Convenience - The hearing
				process should be tailored where practicable to accommodate the parties, staff
				witnesses, the Hearing Examiner and the Commission itself.
e) Cost-effectiveness - Minimization of costs
				incurred by the Commission, and by both public and private parties, should be
				sought.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.30 - Deviation from This Part

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by law, any provision of this Part may be
				  waived, suspended or modified by the Commission, for good cause shown, either upon
				  its own motion or upon motion by any person.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.50 - Office

Current through Register Vol. 48, No. 28, July 12, 2024
The principal office of the Commission shall be located in
				  Springfield, Illinois. All offices of the Commission shall be open from 8:30 a.m. to
				  5:00 p.m. each day except Saturday, Sunday and legal holidays and such other days
				  that shall be declared by appropriate authority. The Commission shall also maintain
				  an office in Chicago, Illinois, and may, in accordance with law, establish such
				  other offices as may be deemed necessary.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.60 - Open Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission
				shall comply with the provisions of the Open Meetings Act [5 ILCS 120 ].
b) Emergency meetings may be called by the
				Chairman or a majority of the Commission. Nothing in this Part shall prohibit the
				Commission from conducting meetings partially or wholly by means of
				telecommunications.
c) The agenda for
				each regular meeting shall be posted at the Commission's principal office in
				Springfield, in an area easily accessible to the public, at the earliest practicable
				date but in no event less than 48 hours prior to the scheduled meeting. Whenever
				practicable, similar posting of the agenda shall be made in the Commission's offices
				in Chicago and on the Commission's Web site (http://www.icc.illinois.gov). A
				supplemental agenda of matters added subsequent to the initial agenda shall be
				posted when practicable. Agendas for regular meetings are for information only.
				Inclusion of an item on the agenda shall not require the Commission to consider it.
				Notices and agendas may be obtained from the Chief Clerk's office in Springfield and
				Chicago.
d) Participation in meetings is
				generally limited to Commissioners, Hearing Examiners, and Commission Staff other
				than Staff witnesses. Except where precluded by Section
				200.710,
				others may participate in Commission meetings as prescribed in 2 Ill. Adm. Code
				1700.10
				or on invitation of the Commission. The Commission shall take those actions
				necessary to permit its deliberations to be conducted in an orderly
				manner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.70 - Submission of Paper Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless filed
				through the e-Docket system pursuant to Subpart F, all formal written communications
				and documents to be filed with or submitted to the Commission shall be addressed to:
				The Chief Clerk, Illinois Commerce Commission, 527 East Capitol Avenue, Springfield,
				Illinois 62701. Petitions, complaints and other filings that initiate a proceeding
				or petitions for interlocutory review shall be deemed to be officially filed or
				submitted only when received at the principal office of the Commission. The Chief
				Clerk is the official custodian of all Commission records. Unless the Public
				Utilities Act or other applicable statute specifically provides otherwise, or the
				Hearing Examiner specifically provides otherwise in the interest of a fair hearing,
				all other formal written communications and documents shall be deemed officially
				filed or submitted either when received at the principal office of the Commission
				or:
1) if transmitted through the United States
				mail, shall be deemed filed with or received by the Commission on the date shown by
				the post office cancellation mark stamped upon the envelope or other wrapper
				containing it. If transmitted by a private express courier service, shall be deemed
				filed with or received by the Commission upon delivery to the courier
				service;
2) if mailed or deposited with
				a private express courier service but not received by the Commission or if received
				but without a cancellation mark or with the cancellation mark illegible or
				erroneous, shall be deemed filed with or received by the Commission on the date it
				was sent or deposited, provided a Proof of Filing by certificate of attorney,
				acknowledgment of receipt, or affidavit is provided to the Commission showing that
				the writing was deposited, properly addressed, in the United States mail or with a
				private express courier service on or before the date on which it was required or
				authorized to be filed. In cases in which the writing was mailed or deposited with a
				private express courier service but not received, the sender must also file with the
				Commission a duplicate writing, within 10 days after notification is given to the
				person claiming to have sent the writing, of nonreceipt of the writing;
3) if a writing is sent by United States
				registered mail, certified mail or certificate of mailing, a record authenticated by
				the United States Postal Service of such registration, certification or certificate
				shall be considered competent evidence that the writing was mailed. The date of
				registration, certification or certificate shall be deemed the postmarked
				date.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.80 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
The time within which an act is to be done as provided in any rule
				  or order promulgated by the Commission shall be computed by excluding the first day
				  and including the last, unless the last day is Saturday or Sunday or is a holiday as
				  defined or fixed in any statute now or hereafter in force in this State, and then it
				  shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is
				  also a holiday or a Saturday or Sunday then such succeeding day shall also be
				  excluded. [5 ILCS 70/1.11
				  ]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart A - GENERAL PROVISIONS › Section 200.90 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any party may appear
				by an attorney at law authorized to practice in the State of Illinois; attorneys
				licensed in another state, territory or commonwealth of the United States, in the
				District of Columbia, or in a foreign country shall be allowed to appear before the
				Commission as provided in Supreme Court Rule 707. An attorney appearing pursuant to
				Supreme Court Rule 707 shall file the statement described in Supreme Court Rule
				707(d) as a part of the attorney's entry of appearance, along with proof of service
				as required by Section
				200.150(b),
				or Section
				200.1050(a),
				if applicable. b) A natural person may appear in his or her own behalf.
c) A corporation or association may appear by any
				bona fide officer, employee or representative. Only persons admitted to practice as
				attorneys shall represent others in proceedings before this Commission in any matter
				involving the exercise of legal skill or knowledge.
d) When Staff witnesses are represented by an
				attorney, their appearance shall be made by their attorney or attorneys. All
				Commission Staff witnesses not represented by counsel, who speak at any hearing,
				shall enter an appearance.
e) All
				persons appearing in proceedings before the Commission shall conform to the
				standards of conduct of attorneys before the courts of Illinois. These standards are
				set forth in the Illinois Rules of Professional Conduct of 2010 (Ill. S. Ct. Rules,
				Art. VIII). If any person does not conform to such standards, the Hearing Examiner
				may decline to permit such person to appear in any proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.100 - Contents of Pleadings and Documents

Current through Register Vol. 48, No. 28, July 12, 2024
All pleadings and documents in proceedings before the Commission
				  to which a docket number has been assigned shall display the docket number.
				  Pleadings initiating a new proceeding shall leave a space for the docket number. All
				  pleadings shall also include the following information
a) The full name, address, telephone number, and,
				unless the party has no facsimile number or e-mail address either directly or
				through its attorney, facsimile number and e-mail address of the person or the
				representative of the person filing the pleadings. 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
				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.
b) A plain and concise statement of any facts upon
				which the pleadings are based.
c) The
				specific relief sought, which may be in the alternative, including the statutory
				authority or rule and regulation upon which such relief is sought.
d) If an attorney licensed in another state,
				territory or commonwealth of the United States, in the District of Columbia, or in a
				foreign country files a pleading initiating a new proceeding, the pleading shall be
				accompanied by the statement described in Supreme Court Rule 707(d).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.110 - Forms 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. Persons filing a formal complaint pursuant to Section
				200.170 using the
				complaint form provided by the Commission may complete the form in
				handwriting.
c) Reproductions may be by
				any process, providing 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 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.120 - Copies of Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a) For dockets
				initiated before January 1, 2000, pleadings shall be filed with the Chief Clerk in
				one paper original and two paper copies, unless otherwise specified in this
				Part.
b) For dockets initiated after
				January 1, 2000, only one original shall be filed.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.130 - Signature and Verification

Current through Register Vol. 48, No. 28, July 12, 2024
The original of every pleading filed with the Commission shall be
				  signed by the party filing the same or by an officer, agent or attorney therefor,
				  provided that petitions filed under Section 7-102 of the Public Utilities Act [
				  220 ILCS
				  5/7-102 ] shall be signed by the persons specified in that
				  Section. The contents of all formal complaints, petitions, applications, petitions
				  to intervene, supplemental formal complaints and supplemental petitions shall be
				  verified by the filing party before a notary public. Alternatively, any party may
				  certify, in the manner provided by Section 1-109 of the Code of Civil Procedure [
				  735 ILCS
				  5/1-109 ], any document that requires
				  verification.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.140 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
Amendments to pleadings may be allowed by the Hearing Examiner or
				  the Commission upon motion at any time during the pendency of the proceeding on such
				  terms as shall be just and reasonable.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.160 - Informal Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
An informal complaint may be presented orally or in writing and
				  shall contain a concise statement of the facts involved, the specific relief
				  requested, and the name, address and telephone number of the complaining person and
				  each person against whom complaint is made. Such complaints will not be docketed and
				  will not initiate a formal proceeding. The Commission acting through its staff will
				  investigate and attempt to resolve informal complaints without formal action. The
				  presentation of an informal complaint shall be without prejudice to the right to
				  file a formal complaint. Nothing in this Section shall prohibit the Commission from
				  proceeding on its own motion on the basis of an informal
				  complaint.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.170 - Formal Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
A formal complaint shall be in writing and verified, and an
				  original complaint shall be filed with the Commission, together with as many
				  additional copies as there are parties complained against, and shall set forth the
				  following:
a) The name, address, telephone
				number, and, unless the complainant has no facsimile number or e-mail address either
				directly or through its attorney, facsimile number and e-mail address of each
				complainant and the complainant's attorney, if any. A complainant, in the complaint,
				shall state whether it agrees to accept service by electronic means as provided for
				in Section
				200.1050. A complainant later
				may agree, or may revoke its agreement, to accept electronic service, provided that
				the complainant shall file and serve a notice of the later agreement or
				revocation.
b) The name and address of
				each respondent.
c) A plain and concise
				statement of the nature of each complainant's interest and the acts or things done
				or omitted to be done in violation, or claimed to be in violation, of any statute,
				or of any order or rule of the Commission.
d) If the complainant alleges a violation of 83
				Ill. Adm. Code 280 or 735, the complaint shall contain a Statement of Compliance
				with 83 Ill. Adm. Code
				280.170
				or 83 Ill. Adm. Code
				735.200, whichever is
				applicable.
e) The particular relief
				desired.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.180 - Answers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the Hearing
				Examiner issues a ruling that a complaint provides a clear statement on the subject
				matter, scope of complaint, and basis thereof, answers to formal complaints shall be
				filed with the Commission within 21 days after the date on which the Commission
				serves notice of the Hearing Examiner's ruling upon the respondent, unless otherwise
				ordered. If any respondent fails to file an answer, when required under this
				Section, allegations of fact as to the respondent will be considered admitted. If
				respondent does not file an answer when no filing requirement exists, issue as to
				the respondent will be considered joined. Answers shall contain an explicit
				admission or denial of each allegation of the pleading to which they relate and a
				concise statement of the nature of any defense.
b) Answers to formal applications and petitions
				shall be filed with the Commission within 21 days after the date on which the
				applications or petitions are served upon the respondent, unless otherwise ordered.
				If any respondent fails to file an answer, issues as to the respondent will be
				considered joined. Answers shall contain an explicit admission or denial of each
				allegation of the pleading to which they relate and a concise statement of the
				nature of the defense.
c) The original
				of an answer to a verified pleading shall be verified.
d) Answers to petitions for intervention and to
				amended or supplemental pleadings need not be made unless the party so elects; and,
				in case answers are not made, the issue will be considered joined. Such answers, if
				made, shall conform to the requirements of subsections (b) and (c) of this Section,
				however, such answers shall be filed within 14 days, unless otherwise prescribed by
				the Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.185 - Satisfaction of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
If a respondent satisfies a formal complaint during the pendency
				  of the proceeding, a stipulation signed by all parties or those parties for whom the
				  complaint was satisfied requesting the dismissal of the complaint shall be filed
				  with the Commission. If made at a hearing, such stipulation may be
				  oral.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.190 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions may be
				presented requesting a more sufficient pleading, a bill of particulars, the striking
				of irrelevant, immaterial, scurrilous or unethical matter, the addition of necessary
				parties, the dismissal of the proceeding for want of jurisdiction or want of
				prosecution, the quashing of a subpoena, the postponement of an effective date of an
				order, the extension of time for compliance with an order or such other relief or
				order as may be appropriate.
b) Motions
				may be presented requesting the Hearing Examiner's direction concerning prehearing
				submissions and procedures as provided in Section
				200.310
				of this Part.
c) Motions, unless made
				during a hearing, shall be made in writing, shall set forth the relief or order
				sought and shall be filed and served as provided in Section
				200.150(b),
				(c), and (d) of this Part. Motions based on matter
				which does not appear of record shall be supported by affidavit.
d) Relief pending disposition of a proceeding,
				including interim relief, may be requested by motion.
e) Unless otherwise specified by the Hearing
				Examiner, responses to motions shall be filed and served within 14 days after
				service of the motion and replies to responses shall be filed and served within 7
				days after service of the responses.
f)
				When the Commission grants a contested motion to dismiss a proceeding, in whole or
				in part, the Commission shall issue an order presenting its rationale for the
				grant.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.200 - Intervention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitions to
				intervene shall contain:
1) The name, address,
				telephone number, and, unless the petitioner 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
				the petitioner's interest;
3) A prayer
				for leave to intervene and be treated as a party to the proceeding;
4) If affirmative relief is sought, specific
				prayers for that relief, which may be in the alternative;
5) 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 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.210 - Petition for Rulemaking

Current through Register Vol. 48, No. 28, July 12, 2024
Any interested person may petition the Commission requesting the
				  promulgation, amendment or repeal of a rule. Each petition shall set forth the
				  petitioner's interest in the subject matter, the specific rule, amendment or repeal
				  requested and the reasons therefor. Within 30 days after receipt of the petition,
				  the Commission either shall deny the petition in writing, stating its reasons for
				  denial, or shall initiate rule making proceedings either by publishing a notice of
				  proposed rulemaking in the Illinois Register or by commencing hearings. Petitions
				  for rulemaking not acted upon within 30 days will be considered
				  denied.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart B - FORM, FILING AND SERVICE OF PLEADINGS › Section 200.220 - Declaratory Rulings

Current through Register Vol. 48, No. 28, July 12, 2024
a) When requested by the
				affected person, the Commission may in its sole discretion issue a declaratory
				ruling with respect to:
1) the applicability of
				any statutory provision enforced by the Commission or of any Commission rule to the
				person(s) requesting a declaratory ruling; and
2) whether the person's compliance with a federal
				rule will be accepted as compliance with a similar Commission rule.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.300 - Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Examiner, on his or her own motion, upon motion by any party or staff witness, or
				when directed by the Commission, shall with reasonable written notice request all
				parties and staff witnesses to attend a prehearing conference when it appears that
				any of the goals set forth in subsections (a)(1) through (a)(7) of this Section can
				be attained. Such a conference shall be held for the purpose of formulating issues
				and considering:
1) Simplification of
				issues;
2) Amendments to the
				pleadings;
3) The development of
				docket-specific discovery schedules and procedures to facilitate the prompt and
				efficient resolution of the proceeding;
4) The possibility of obtaining admissions of fact
				and of the genuineness of documents which will avoid unnecessary proof;
5) Limitations on the number of
				witnesses;
6) The procedure at the
				hearing; and
7) 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 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.310 - Other Prehearing Submissions

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner may at any time on his or her own initiative,
				  or on motion of any party or Staff, consider the need for, and request as
				  appropriate on a case by case basis:
a)
				prehearing briefs on specified issues;
b) prehearing oral presentations on specified
				issues; and/or
c) the submission of
				prehearing draft orders or statements outlining the issues in dispute and key facts,
				and identifying the applicable statutes, rules, orders, or other
				authorities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.320 - Facts Disclosed Privileged

Current through Register Vol. 48, No. 28, July 12, 2024
Facts disclosed in the course of the prehearing conference are
				  privileged and, except by agreement, shall not be used against participating parties
				  either before the Commission or elsewhere unless fully substantiated by other
				  evidence.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.330 - Recordation and Order

Current through Register Vol. 48, No. 28, July 12, 2024
Action taken at the prehearing conference shall be recorded in a
				  ruling by the Hearing Examiner, unless the parties and staff witnesses, if any,
				  enter into a written stipulation as to such matters, or agree to a statement thereof
				  made on the record by the Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.340 - Policy on Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
It is the policy of the Commission to obtain full disclosure of
				  all relevant and material facts to a proceeding. Further, it is the policy of the
				  Commission to encourage voluntary exchange by the parties and staff witnesses of all
				  relevant and material facts to a proceeding through the use of requests for
				  documents and information. Formal discovery by means such as depositions and
				  subpoenas is discouraged unless less formal procedures have proved to be
				  unsuccessful. It is the policy of the Commission not to permit requests for
				  information, depositions, or other discovery whose primary effect is harassment or
				  which will delay the proceeding in a manner which prejudices any party or the
				  Commission, or which will disrupt the proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.345 - Discovery by Staff Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
Formal discovery by staff witnesses shall be allowed upon motion
				  to the Hearing Examiner or the Commission. If granted, said discovery is deemed to
				  be on the Commission's own motion.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.350 - Reasonable Attempts to Resolve Differences Required

Current through Register Vol. 48, No. 28, July 12, 2024
Every motion to compel formal discovery or to invoke Section
				  200.370 shall
				  incorporate a statement showing that consultation and reasonable attempts to resolve
				  differences have failed.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.360 - Depositions and Other Discovery Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Commission, any Commissioner, the Hearing Examiner or any party may, in any
				investigation or hearing before the Commission, cause the deposition of witnesses
				residing within or without Illinois to be taken in the manner prescribed by law for
				like depositions in civil actions in the courts of Illinois and to that end may
				compel the attendance of witnesses and the production of papers, books, accounts and
				documents. [220
				ILCS 5/10-106 ] Except under special circumstances and for
				good cause shown, no deposition may be taken except upon 14 days prior notice to all
				parties and staff witnesses.
b) Payment
				of witness and mileage fees shall be as provided by Section 10-106 of the Public
				Utilities Act. [220 ILCS 5/10-106 ].
c) In addition to depositions, and subject to the
				provisions of this Part, any party may utilize written interrogatories to other
				parties, requests for discovery or inspection of documents or property and other
				discovery tools commonly utilized in civil actions in the Circuit Courts of the
				State of Illinois in the manner contemplated by the Code of Civil Procedure [735
				ILCS 5 ] and the Rules of the Supreme Court of Illinois [S. Ct. Rules].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.370 - Supervision of Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Examiner, upon his or her own initiative, or upon the motion of any party or Staff,
				may, in consultation with the parties, develop docket-specific discovery schedules
				and procedures to facilitate the prompt and efficient resolution of the proceeding.
				In cases involving multiple parties, multiple issues and/or time deadlines, it is
				the policy of the Commission to encourage the establishment of discovery schedules
				and procedures at the earliest opportunity.
b) The Hearing Examiner may at any time on his or
				her own initiative, or on motion of any party or Staff, issue such rulings as
				justice requires, denying, limiting, conditioning or regulating discovery to prevent
				unreasonable annoyance, expense, disadvantage or oppression.
c) The Hearing Examiner, upon his or her own
				initiative, or upon the motion of any party or Staff, may supervise all or any part
				of any discovery procedure.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.380 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Examiner,
				a Commissioner, or the Commission shall have the power to order the issuance of
				subpoenas, compel the attendance and testimony of witnesses and the production of
				papers, books, accounts and documents.
b) The name and address of the witness, the docket
				number of the proceeding and the date, time and location of the hearing or
				deposition shall appear on a subpoena.
c) Requests for subpoenas may be made by any party
				and shall be made in the form of a verified written application. Such application
				shall incorporate a showing that such subpoena is reasonably required to obtain
				information that cannot reasonably be obtained through requests for information or
				other discovery and shall contain the name, address and telephone number of the
				witness to be subpoenaed, the docket number of the proceeding and the date, time and
				location of the hearing or deposition at which it is desired that the witness
				appear. An application for a subpoena duces tecum shall specify the books, records
				or other documents to be produced and the material or relevant facts to be proved by
				them.
d) The application for a subpoena
				shall be served upon the party or person for whom the subpoena is requested. Except
				in the case of an emergency, the Commission, a Commissioner or the Hearing Examiner
				shall not order the issuance of the subpoena until after seven days has been
				provided for a response.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.390 - Motion to Quash Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner, upon motion, may quash or modify a subpoena
				  or subpoena duces tecum for good cause shown, including, without limitation, a
				  showing that the subpoena is unreasonable or oppressive or relates to irrelevant or
				  immaterial matters. Denial of a motion to quash may, in the case of a subpoena duces
				  tecum, be conditioned upon the advancement, by the party who requested the subpoena,
				  of the reasonable cost of producing the books, records or other documents
				  subpoenaed.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.400 - Service and Fees Payable

Current through Register Vol. 48, No. 28, July 12, 2024
Service of subpoenas and payment of witness and mileage fees shall
				  be as provided in Section 10-106 of the Public Utilities Act. No person served with
				  a subpoena which has been issued at the instance of any party to a proceeding before
				  the Commission shall be required to respond to such subpoena unless the appropriate
				  fees for attendance and travel are tendered at the time of
				  service.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.410 - Time Limits on Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests for information or discovery and responses thereto shall be made in a
				timely fashion and in accordance with any time schedule set by the Hearing Examiner.
				No such request shall delay any proceeding in the absence of a showing that the
				requester has exercised due diligence and that the delay will not cause undue
				prejudice.
b) All responses to data
				requests shall be served within 28 days after service of the request, unless the
				period is shortened or lengthened by the Hearing Examiner or by agreement of the
				parties.
c) Requests for admissions
				shall be deemed admitted if not responded to within 28 days after service, unless
				the period is shortened or lengthened by the Hearing Examiner or by agreement of the
				parties.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.420 - Failure to Comply With a Discovery Order or a Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
If a person fails to comply with a subpoena or a discovery order
				  or refuses to attend or be sworn at a hearing or deposition, the Hearing Examiner
				  may suspend further proceedings until compliance is obtained, or if the person who
				  fails to comply is a party to the proceeding or an officer, agent or employee of a
				  party, 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, or
				  take such further action as may be appropriate under the circumstances and as
				  provided by law.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart C - PREHEARING PROCEDURE AND DISCOVERY › Section 200.430 - 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. Notwithstanding the preceding sentence,
				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 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.500 - Authority of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner shall have authority over the conduct of a
				  proceeding and the responsibility for submission of the matter to the Commission for
				  decision. The Hearing Examiner shall have those duties and powers necessary to these
				  ends, consistent with applicable statutes and Commission rules and policies,
				  including the following:
a) To administer
				oaths and affirmations.
b) To order the
				issuance of subpoenas and to supervise discovery.
c) To conduct hearings and prehearing
				conferences.
d) To rule upon all
				objections, motions and petitions which do not result in the final determination of
				the proceeding, and to receive evidence.
e) At any stage of the hearing or after all
				parties have completed the presentation of their evidence to call upon any party or
				the Staff of the Commission to produce further evidence which is material and
				relevant to any issue.
f) To issue
				recommended proposed orders pursuant to Section
				200.820.
g) To ensure that hearings are conducted in a
				full, fair and impartial manner, that order is maintained and that unnecessary delay
				is avoided in the disposition of the proceedings.
h) To issue protective orders in accordance with
				Section
				200.430.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.505 - Recessing Hearing For Conference or Discussion

Current through Register Vol. 48, No. 28, July 12, 2024
In any proceeding the Hearing Examiner may, in his or her
				  discretion, call the parties and staff witnesses together for a conference or
				  discussion prior to the taking of testimony, or may recess the hearing for such a
				  conference or discussion with a view to carrying out the purpose of Section
				  200.300. The
				  Hearing Examiner shall state on the record the results of such
				  conference.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 200 - RULES OF PRACTICE › Subpart D - HEARING PROCEDURE › Section 200.510 - 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 therefrom.
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 fourteen (14) 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. The Commission may, on its own motion, review
				rulings granting a motion for disqualification an may review denials of such motions
				under Section
				200.520.