reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.400 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the close of the
				arbitration, the Hearing Examiner or the Commission may order the parties to file a
				brief. Parties must use transcript citations if they refer to testimony or evidence
				adduced at the arbitration hearings. 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 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.420 - Hearing Examiner's Proposed Arbitration Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner presiding shall, after the close of the
				  arbitration, prepare a proposed arbitration decision, including a statement of
				  findings and conclusions and the reasons or basis therefor, on all the material
				  issues of fact, law or discretion presented on the record. Such proposed arbitration
				  decision, shall be served by the Chief Clerk of the Commission on all parties to the
				  arbitration.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.430 - 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
				representative filing such exceptions or reply.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.440 - Filing of Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a) For arbitration
				proceedings initiated prior to January 1, 2000, an original and eight paper copies
				of all briefs shall be filed with the Commission.
b) For arbitration proceedings initiated after
				January 1, 2000, an original copy of a brief shall be filed with the
				Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.460 - 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 761 - ARBITRATION PRACTICE › Subpart E - POST-HEARING PROCEDURE › Section 761.470 - 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1000 - 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1010 - 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1020 - 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1030 - Control Processes

Current through Register Vol. 48, No. 28, July 12, 2024
a) e-Docket allows
				only users with I.D. and passwords to file electronic documents.
b) Only members of the service list for a
				particular arbitration proceeding are allowed to file electronic documents in that
				case.
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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1040 - 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
				761.1010(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 Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1045 - Electronic Documents Accepted by the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All documents either initiating an arbitration 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1050 - Service by Electronic Means

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service by
				electronic means is allowed when agreed to by individual parties. Notwithstanding
				Section
				761.150, any party required to
				serve a pleading or other document may serve copies of pleadings and other documents
				on other parties of record by electronic means in substitution of first class mail,
				provided that the service is on an e-mail address that the recipient has identified
				in its appearance or in a subsequent filing or agreement. Because of pagination and
				format concerns, the parties are encouraged to serve in PDF. When serving by
				electronic means, service is deemed complete on the day of electronic transmission
				if transmitted at or before the time due, except service by electronic means on
				weekends or holidays shall be deemed complete on the next business day unless
				otherwise specified by the Commission or the Hearing Examiner.
b) If any party files a proprietary electronic
				document (see Section
				761.240 ), 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
				761.240. 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 761 - ARBITRATION PRACTICE › Subpart F - ELECTRONIC FILING › Section 761.1060 - 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 an arbitration
				  proceeding, the official copy is the document as filed and found in the e-Docket
				  system. If a prefiled electronic 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 official
				  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 Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.10 - Procedure Governed

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs practice and procedure before the Illinois
				  Commerce Commission (Commission) in the approval or rejection of arbitrated
				  agreements required by Sections 252(e)(1) and 252(e)(2)(B) of the Communications Act
				  of 1934 (
				  47
				  U.S.C. 252 ).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.20 - Deviation from this Part

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by law, including the provisions of
				  Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100 Art 10], any
				  provision of this Part may be waived, suspended or modified by the Commission or an
				  Examiner, either upon their own motion or upon motion by any
				  person.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise defined, the following terms as used in this Part
				  shall have the following meanings:
"Commissioner" means a member of the Commission.
"Documents" means petitions, amended and supplemental petitions,
				  motions, responses, replies, notices, proposed decisions, exceptions to Hearing
				  Examiners' proposed orders, comments, drafts or suggested forms of order, and
				  similar writings.
"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
				  762.1020 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 ]
"Hearing Examiner" means a person employed by the Commission under
				  Section 2-106 of the Public Utilities Act, who is assigned to conduct arbitration
				  proceedings pursuant to Section 252 of the Communications Act of 1934 (
				  47
				  USC 252 ). A Commissioner may also serve as a
				  Hearing Examiner for purposes of this Part.
"Intervenor" means a person who, upon written petition, is
				  permitted to intervene in any proceeding under this Part.
"Party" means those persons who submit to the Commission for
				  approval an arbitrated agreement pursuant to Section 252(e) of the Communications
				  Act of 1934 (
				  47
				  USC 252 ); or, a person allowed by the Commission
				  or Hearing Examiner to intervene in a proceeding. Staff is not a party but shall
				  have the specific rights and duties of parties as enumerated in this Part.
"Person" means any individual, partnership, corporation,
				  governmental body or unincorporated association.
"Staff" or "Commission Staff" means individuals employed by the
				  Commission. For purposes of this Part, a Hearing Examiner is not considered a member
				  of the Commission Staff.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.40 - Authority of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Examiner shall have authority over the conduct of a proceeding under this Part 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,
				including the following:
1) To conduct hearings
				and pre-decisional conferences;
2) To
				grant or deny Petitions to Intervene;
3)
				To conduct discovery of the parties;
4)
				To authorize the parties to conduct discovery and to supervise all discovery so
				authorized;
5) To direct parties to
				serve testimony and exhibits and establish a date certain for service;
6) To administer oaths and affirmations;
7) To ensure that the proceedings 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;
8) To examine witnesses and allow the examination
				of an adverse party or agent;
9) To rule
				upon all matters which do not result in the final determination of the
				proceeding;
10) To call upon any party
				at any stage of the proceeding to produce further information that is material and
				relevant to any issue;
11) To issue
				recommended decisions pursuant to Section
				762.410
				of this Part;
12) To issue protective
				orders in accordance with 83 Ill. Adm. Code
				762.220;
				and
13) To have any proceeding
				transcribed by a reporter appointed by the Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.50 - Federal Preemption of State Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
No State court shall have jurisdiction to review the action of the
				  Commission in approving or rejecting an agreement under Section 252 of the
				  Communications Act of 1934.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 762.60 - Failure to Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 252(e)(4) of the Communications Act of 1934,
				  if the Commission does not act to approve or reject the agreement within 30 days
				  after submission by the parties of an agreement adopted by arbitration under Section
				  252(b) of the Communications Act of 1934, the agreement shall be deemed
				  approved.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 762.100 - Communications to the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All paper 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. All formal paper communications
				  and documents are deemed to be officially filed or submitted only when delivered to
				  the principal office of the Commission. The Chief Clerk is the official custodian of
				  all Commission records.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 762.105 - 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 these requirements.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 762.110 - Submission for Commission Approval of an Arbitrated Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
All arbitrated agreements submitted under this Part shall be
				  accompanied by written comments and draft proposed decisions supporting either
				  approval or rejection of the agreement.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 762.120 - Filing of Comments

Current through Register Vol. 48, No. 28, July 12, 2024
a) For proceedings
				subject to this Part that were initiated prior to January 1, 2000, an original and
				eight paper copies of all comments and draft proposed decisions shall be filed with
				the Commission. Comments 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 762.130 - 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 must be served upon the parties and intervenors 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart C - PRE-DECISIONAL PROCEDURE › Section 762.200 - Pre-decisional Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
Upon direction of the Commission or on his or her own motion, the
				  Hearing Examiner may request all parties to attend a pre-decisional conference.
				  Notice of the pre-decisional conference shall be given in writing, telephone,
				  e-mail, or telephone facsimile no later than 24 hours before the pre-decisional
				  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;
				and
d) Such other matters as may aid in
				the simplification of the issues and disposition of the proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart C - PRE-DECISIONAL PROCEDURE › Section 762.205 - Schedule of Pre-decisional Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
In the absence of a schedule established at a Section
				  762.200
				  pre-decisional conference, all other parties to the proceeding shall file and serve
				  comments and draft proposed decisions twelve days from the filing of the petition
				  for approval of the arbitrated agreement.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart C - PRE-DECISIONAL PROCEDURE › Section 762.210 - 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 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart C - PRE-DECISIONAL PROCEDURE › Section 762.220 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart D - DECISIONAL PROCEDURE › Section 762.300 - 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 than 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 the staff representative.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart D - DECISIONAL PROCEDURE › Section 762.310 - 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(a) 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 arbitration.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart D - DECISIONAL PROCEDURE › Section 762.320 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart E - POST-COMMENT PROCEDURE › Section 762.410 - Hearing Examiner's Proposed Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner presiding shall, after the receipt of Initial
				  comments, prepare a proposed decision, including a statement of findings and
				  conclusions and the reasons or basis therefor, on all the material issues presented.
				  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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart E - POST-COMMENT PROCEDURE › Section 762.420 - Exceptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The parties may file
				Exceptions to the Hearing Examiner's proposed decision. Unless otherwise ordered by
				the Hearing Examiner or the Commission, briefs on exceptions are due no later than 5
				days after service of the Hearing Examiner's proposed decision. Replies to
				Exceptions shall be due no later than 8 days after service of the Hearing Examiner's
				proposed decision.
b) 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 to a
				statement or finding of fact, a suggested replacement statement or finding must be
				incorporated. Exceptions may contain written arguments in support of the position
				taken by the party or staff representative filing such exceptions.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart E - POST-COMMENT PROCEDURE › Section 762.440 - Additional Comments

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, seek
				  additional written comments from the parties.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1000 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1010 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1020 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1030 - Control Processes

Current through Register Vol. 48, No. 28, July 12, 2024
a) e-Docket allows
				only users with 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.
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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1040 - 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
				762.1010(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 Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1045 - 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1050 - Service by Electronic Means

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service by
				electronic means is allowed when agreed to by individual parties. Notwithstanding
				Section 762.150, any party required to serve a pleading or other document may serve
				copies of pleadings and other documents on other parties of record by electronic
				means in substitution of first class mail, provided that the service is on an e-mail
				address that the recipient has identified in its appearance or in a subsequent
				filing or agreement. Because of pagination and format concerns, the parties are
				encouraged to serve in PDF. When serving by electronic means, service is deemed
				complete on the day of electronic transmission if transmitted at or before the time
				due, except service by electronic means on weekends or holidays shall be deemed
				complete on the next business day unless otherwise specified by the Commissioner or
				the Hearing Examiner.
b) If any party
				files a proprietary electronic document (see Section
				762.220 ), 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
				762.220. 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 762 - APPROVAL OR REJECTION OF ARBITRATED AGREEMENTS › Subpart F - ELECTRONIC FILING › Section 762.1060 - 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 an arbitration
				  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 official copy. The sponsoring party must
				  serve the complete altered document on the Commission and the other parties of
				  record within seven days after that hearing or, if applicable, within seven days
				  after the end of a continuous, day-to-day set of hearings, unless otherwise directed
				  by the Hearing Examiner.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 763.10 - Procedure Governed

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs practice and procedure before the Illinois
				  Commerce Commission (Commission) in the approval of negotiated agreements required
				  by Sections 252(e)(1) and 252(e)(2)(A) of the Communications Act of 1934 (
				  47
				  U.S.C. 252 ).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 763.20 - Deviation from this Part

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by law, including Article 10 of the
				  Illinois Administrative Procedure Act [5 ILCS 100 /Art. 10], any provision of this
				  Part may be waived, suspended or modified by the Commission or an Examiner, either
				  upon their own motion or upon motion by any person.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 763.40 - Authority of the Administrative Law Judge in Contested Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing Examiner shall have authority over
				the conduct of a proceeding under this Part 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, including the following:
1) To conduct hearings and pre-hearing
				conferences;
2) To direct parties to
				serve testimony and exhibits and establish a date certain for service;
3) To grant or deny Petitions to
				Intervene;
4) To conduct discovery of
				the parties;
5) To supervise all or any
				part of any discovery procedure;
6) To
				administer oaths and affirmations;
7) To
				examine witnesses and to allow the examination of an adverse party or
				agent;
8) To rule upon all matters which
				do not result in the final determination of the proceeding;
9) To call upon any party at any stage of the
				proceeding to produce further information that is material and relevant to any
				issue;
10) To issue proposed decisions
				pursuant to Section
				763.420
				of this Part;
11) To issue protective
				orders in accordance with Section
				763.430 of this
				Part; and
12) To ensure that the
				proceeding is conducted in a full, fair and impartial manner, that order is
				maintained and that unnecessary delay is avoided in the disposition of the
				proceedings.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 763.50 - Federal Preemption of State Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
No State court shall have jurisdiction to review the action of the
				  Commission in approving or rejecting an agreement under Section 252 of the
				  Communications Act of 1934.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart A - GENERAL PROVISIONS › Section 763.60 - Failure to Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 252(e)(4) of the Communications Act of 1934,
				  if the Commission does not act to approve or reject the agreement within 90 days
				  after the submission by the parties of an agreement adopted by negotiation under
				  Section 252(a) of the Communications Act of 1934, the agreement shall be deemed
				  approved.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 763 - APPROVAL OF NEGOTIATED AGREEMENTS › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 763.100 - Communications to the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All paper 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. All formal paper communications
				  and documents are deemed to be officially filed or submitted only when delivered to
				  the principal office of the Commission. The Chief Clerk is the official custodian of
				  all Commission records.