Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Subpart A - GENERAL PROVISIONS › Section 101.114 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For this Section, "interested person or party"
means a person
or
entity whose rights, privileges
,
or interests are
				the subject of or are directly affected by a regulatory, quasi-adjudicatory,
				investment, or licensing matter.
[
				5 ILCS
				430/5-50(d) ] For this definition, a
				time-limited water quality standard proceeding is considered a regulatory
				matter.
b) For this Section,
				"Executive Ethics Commission" means the commission created by the State
				Officials and Employees Ethics Act [ 5 ILCS 430 ].
c) Adjudicatory, Regulatory, and Time-Limited
				Water Quality Standard Proceedings. Board members and Board employees must not
				engage in an ex parte communication designed to influence their action
				regarding an adjudicatory, a regulatory, or a time-limited water quality
				standard proceeding pending before or under consideration by the Board. (See
				definition of "ex parte communication" in Section
				101.202.)
				Whenever practicable, an interested person or party or his or her official
				representative or attorney should make all communications regarding an
				adjudicatory, regulatory, or time-limited water quality standard proceeding
				pending before or under consideration by the Board in writing and address them
				to the Clerk rather than to individual Board members or Board employees. (See
				Sections
				101.110 and
				101.628.)
d) Nothing in this Section precludes Board
				members or Board employees from receiving informal complaints about individual
				pollution sources, or forbids the administrative contacts as would be
				appropriate for judges and other judicial officers. Information about a
				pollution source included in the record of a regulatory or time-limited water
				quality standard proceeding is not an ex parte communication regarding any
				adjudicatory proceeding concerning the pollution source.
e) When the Clerk on behalf of the Board, a
				Board member, or a Board employee receives an ex parte communication from an
				interested person or party or his or her official representative or attorney,
				the recipient, in consultation with the Board's ethics officer or his or her
				designee, will promptly memorialize the communication and make it part of the
				record of the proceeding. To make an oral ex parte communication part of the
				record, the substance of the oral communication, along with the identity of
				each person involved in the communication, will be either stated in a
				memorandum and placed in the record or announced on the record at a public
				hearing.
f) When the Clerk on
				behalf of the Board, a Board member, or a Board employee receives an ex parte
				communication, other than an ex parte communication received from an interested
				person or party or his or her official representative or attorney, that
				communication will be promptly reported to the Board's ethics officer or his or
				her designee
by the recipient of the communication and by any other
				employee of the Board who responds to the communication
.
1)
The ethics officer
or his
				or her designee, in consultation with the recipient of the ex parte
				communication, will ensure
that the ex parte communication is promptly
				made part of the record of the proceeding.
[
				5 ILCS
				430/5-50(c) ]
2)
The ethics officer
or his
				or her designee, in consultation with the recipient of the ex parte
				communication, will
promptly file the ex parte communication with the
				Executive Ethics Commission, including:
A)
All written
				communications;
B)
All written responses to the communications;
C)
A memorandum prepared by the
				ethics officer stating the nature and substance of all oral
				communications;
D)
The identity and job title of the person to whom each communication was
				made;
E)
All
				responses made;
F)
The identity and job title of the person making each
				response;
G)
The
				identity of each person from whom the written or oral ex parte communication
				was received;
H)
The individual or entity represented by that person;
I)
Any action the person requested or
				recommended; and
J)
Any other pertinent information.
3)
The disclosure shall also contain
				the date of any ex parte communication
. [
				5 ILCS
				430/5-50(c) ]