reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 760 - REVISED UNIFORM UNCLAIMED PROPERTY ACT › Subpart H - CONFIDENTIALITY › Section 760.1000 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Information provided in reports filed pursuant to the
Act
and the database required by Section 15-503
of the Act are
				specifically
exempt from disclosure under the Freedom of Information
				Act.
[
				765 ILCS
				1026/15-1401(b) ] The Freedom of
				Information Officer for the administrator may deny requests for records
				containing such information as
information specifically prohibited from
				disclosure by federal or State law or rules and regulations implementing
				federal or State law
. [
				5 ILCS
				140/7(1)(a) ]
b) Under the Act
"private
				information" as defined in the Freedom of Information Act and "personal
				information" as defined in the Personal Information Protection Act continues to
				be confidential when disclosed or delivered under the Act to the administrator
				or administrator's agent.
[
				765 ILCS
				1026/15-1401(a) ]
1) Private Information. The Freedom of
				Information Officer for the administrator may deny requests for records
				containing private information as
information specifically prohibited
				from disclosure by federal or State law or rules and regulations implementing
				federal or State law;
or
unless disclosure is
specifically
required by
a different
State or federal
				law or a court order
. [
				5 ILCS 140/7(1)(a) and
				(b) ]
2) Personal Information. Personal information
				as defined in the Personal Information Protection Act is either private
				information or personal information
the disclosure of which would
				constitute a clearly unwarranted invasion of personal privacy
as
				defined in Section 2(c-5) and 7(1)(c) of the Freedom of Information Act and the
				Freedom of Information Officer for the administrator may deny requests for
				records containing personal information as
information specifically
				prohibited from disclosure by federal or State law or rules and regulations
				implementing federal or State law;
or
unless disclosure
				is
specifically
required by
a different
State
				or federal law or a court order
. [
				5 ILCS 140/7(1)(a) and
				(b) ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 760 - REVISED UNIFORM UNCLAIMED PROPERTY ACT › Subpart H - CONFIDENTIALITY › Section 760.1010 - Confidentiality of Records Obtained During Examination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Records obtained and records,
				including work papers, compiled by the administrator or administrator's agent
				in the course of conducting an examination under Section 15-1002 or Section
				15-1002.1
of the Act
:
1)
are subject to the confidentiality
				and security provisions of
Section
				760.1000
and are exempt from disclosure under the Freedom of Information
				Act;
2)
may be
				used by the administrator in an action to collect property or otherwise enforce
				the Act
;
3)
may be
				used in a joint examination conducted with another state, the United States, a
				foreign country or subordinate unit of a foreign country, or any other
				governmental entity if the governmental entity conducting the examination is
				legally bound to maintain the confidentiality and security of information
				obtained from a person subject to examination in a manner substantially
				equivalent to Article 14 of the Act;
4)
may be disclosed, on request, to
				the person that administers the unclaimed property law of another state for
				that state's use in circumstances equivalent to circumstances described in
				Article 10 of the Act, if the other state is required to maintain the
				confidentiality and security of information obtained in a manner substantially
				equivalent to Article 14 of the Act;
5)
must be produced by the
				administrator under an administrative or judicial subpoena or administrative or
				court order; and
6)
must be produced by the administrator on request of the person subject
				to the examination in an administrative or judicial proceeding relating to the
				property.
[765 ILCS
				1026/15-1004 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 760 - REVISED UNIFORM UNCLAIMED PROPERTY ACT › Subpart I - MISCELLANEOUS › Section 760.1100 - Transition Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An initial report filed under the Revised Act for property that was not
				required to be reported before the effective date of the Revised Act, but that
				is required to be reported under the Revised Act, must include all items of
				property that would have been presumed abandoned during the 5-year period
				preceding the effective date of the Revised Act as if the Revised Act had been
				in effect during that period.
[
				765 ILCS
				1026/15-1503(a) ]
AGENCY NOTE: A version of the transitional provision
				  described in Section 15-1500(a) of the Act has been included in every uniform
				  unclaimed property Act promulgated by the ULC [ 765 ILCS 15 -1500(a)]. While
				  the Act has a 5-year look back period, the Uniform Law Commission (ULC, also
				  known as the National Conference of Commissioners on Uniform State Laws)
				  version of RUUPA has a 10-year look back period. This 5-year period is
				  identical to the requirement in the Former Act that the State Treasurer "issue
				  a Notice of Deficiency to a holder or direct the commencement of an examination
				  of a holder with respect to a report required under the Former Act within 5
				  years after the report is filed." (See the repealed
				  765 ILCS
				  1025/23.5(a).) The Former Act, when
				  it was adopted in 1961, had a transitional provision that applied its
				  provisions to any property for which the presumption of abandonment prescribed
				  by the Former Act occurred on or after August 17, 1946. Thus, the look back
				  period in the Former Act was 15 years. (See the repealed
				  765 ILCS
				  1025/17.)
1)
				Property Covered by the Transition Provision
A) As part of its report filed in calendar
				year 2018, a holder must report all property that would have been reported in
				2013 through 2017 as if the Revised Act had been in effect on January 1,
				2013.
B) Property that was excluded
				in 2013 through 2017 under the Former Act (Uniform Disposition of Unclaimed
				Property Act [ 765 ILCS 1025 ]), but that is not excluded under the Revised
				Act, must be reported in 2018.
EXAMPLE: Property that was excluded from being reported and
				  remitted pursuant to provisions of Section 2a(b) of the Former Act during 2013
				  through 2017 should be reported in 2018.
C) Which property should be reported under
				this transitional provision is determined by looking at the applicable period
				of abandonment in the Revised Act.
EXAMPLE: Section 15-201(5) provides that the debt of a
				  business association is reportable 3 years after the obligation to pay arises.
				  So, a debt owed to another business association that arose in 2010 would have
				  been reportable in 2013 and, therefore, would be reportable in the initial
				  report filed in 2018.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 761 - ILLINOIS STATE TREASURER AND OFFICE OF BANKS AND REAL ESTATE JOINT RULES GOVERNING THE UNIFORM DISPOSITION OF UNCLAIMED PROPERTY › Section 761.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Commissioner" means the Commissioner of Banks and Real Estate
				or any authorized representative.
"OBRE" means the Office of Banks and Real Estate.
"Treasurer" means the Illinois State Treasurer or any
				authorized representative.
"Act" means the Uniform Disposition of Unclaimed Property Act
				[765 ILCS 1025 ].
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.10 - Terms of Court

Current through Register Vol. 48, No. 28, July 12, 2024
The Court shall hold sessions at such places as it deems
				  necessary to expedite the business of the Court. [
				  705 ILCS
				  505/6 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.20 - Pleadings and Practice

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided by this Part or by the Court of
				  Claims Act [705 ILCS 505 ], pleadings and practice shall follow the Civil
				  Practice Law [735 ILCS 5 /Art II] and the Rules of the Supreme Court of
				  Illinois.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.25 - Rule References

Current through Register Vol. 48, No. 28, July 12, 2024
Sections in this Part may be referred to as Rules. For
				  example, Section
				  790.10 may be
				  referred to as Rule 10, Section
				  790.20 may
				  be referred to as Rule 20, and so on.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.30 - Pleadings - Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Four copies of all pleadings shall be filed with the office
				  of the Clerk. The pleadings shall be produced on good white paper by a typing,
				  printing, duplicating or copying process that provides a clear image. If
				  photocopies are used, the original must also be filed. In order that the files
				  of the Clerk's office may be kept under the system commonly known as "flat
				  filing", all papers presented to the Clerk shall be flat and unfolded. Such
				  papers need not have a cover.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.40 - Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing. Cases
				shall be commenced by the filing of a verified complaint with the Clerk of the
				Court. A party filing a case shall be designated as the claimant, and either
				the State of Illinois or the appropriate State agency (Section 8(d), Court of
				Claims Act [705
				ILCS 505/8(d)]) shall be designated
				as the respondent. The Clerk will note on the complaint, and each copy, the
				date of filing, and deliver one of the copies to the Attorney General or to the
				legal counsel of the appropriate State agency. Joinder of claimants in one case
				is permitted, as provided by the Code of Civil Procedure [735 ILCS
				5].
b) Attorney of Record. In all
				cases filed in this Court, all claimants not appearing pro se must be
				represented of record by a member of the Illinois bar. Permission for an
				out-of-state attorney to appear will require compliance with Supreme Court
				Rules 707, 718 and 756, governing out-of-state attorneys' authorization to
				practice. If the name of an attorney, his address, and telephone number appear
				on a complaint, no written appearance for such attorney need be filed, but
				withdrawal and substitution of attorneys shall be by written motion, with proof
				of service upon the claimant, and filed in the case.
c) Complaint-form. The complaint shall be
				captioned substantially as follows:
IN THE COURT OF CLAIMS OF THE
STATE OF ILLINOIS
A.B., )
)
Claimant
)
vs.
)
No.
_________________
)
$
_________________
STATE OF ILLINOIS (or
)
Amount Claimed
the appropriate
)
State Agency),
)
)
Respondent
)
d)
				Pursuant to the disaster proclaimed by the Governor in Gubernatorial
				Proclamation number 2020-038, the statute of limitations for filing claims in
				the Illinois Court of Claims, as referenced in 705 ILCS 22, and the Notice
				provision of 705 ILCS 22 -1 is tolled for the pendency of this disaster and for
				a period of 30 days thereafter.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.55 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
Discovery shall be conducted in accordance with the Civil
				  Practice Law [735 ILCS 5 /Art. II] and the Rules of the Supreme Court of
				  Illinois, except as follows:
a)
				Discovery requests and responses to discovery requests, including
				interrogatories and requests for production of documents, shall not be filed
				with the Clerk of the Court unless ordered by the Court, a Judge thereof, or a
				Commissioner. Requests for admission and the responses thereto shall be filed
				with the Clerk of the Court.
b) For
				claims involving property of inmates incarcerated in Illinois Department of
				Corrections facilities:
1) The respondent
				shall forward to the claimant, or, if claimant is represented, claimant's
				attorney, copies of the following documents in the possession or control of the
				Department of Corrections within 120 days after the filing of the complaint.
				The complaint is not deemed filed during the pendency of a petition for leave
				to proceed in forma pauperis.
A) Grievances
				and appeals of grievances pertaining to the property in question filed by the
				claimant, and all responses thereto.
B) Any personal property inventory sheets and
				property permits or contracts that tend to prove or disprove ownership of the
				property in question.
C) Incident
				reports, disciplinary reports, and "shakedown" receipts relevant to the subject
				of the claim.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.60 - Exhaustion of Remedies

Current through Register Vol. 48, No. 28, July 12, 2024
As required by Section 25 of the Court of Claims Act
				  [705 ILCS
				  505/25 ], the claimant shall, before seeking final
				  determination of his claim before the Court of Claims, exhaust all other
				  remedies, whether administrative, legal or equitable, against all other sources
				  of recovery for the injury or damages sought to be recovered by the claim,
				  provided that no frivolous or unreasonable action is required to be brought
				  against any third party in order to comply with this exhaustion of remedies
				  requirement.
a) General continuance.
				Any complaint filed or pending in the Court of Claims shall be continued
				generally subject to the provisions of Section
				790.70
				of this Part, until the final disposition of all other claims or proceedings
				arising from the same occurrence or transaction. Claims continued generally
				shall not proceed to evidentiary hearing, but, upon order of the Court, a Judge
				thereof, or a Commissioner, discovery may proceed as permitted by Section
				790.55 of this Part. (A
				general continuance granted by this Court is not to be construed as an opinion
				on the question of jurisdiction in any other court or tribunal.)
b) Subsequent action or claim. If the
				claimant shall, subsequent to the filing of a complaint in the Court of Claims,
				commence a proceeding in another tribunal, or present a claim to any other
				person or corporation (e.g., insurance carrier, governmental body, etc.) for
				damages arising out of the same occurrence or transaction, the claimant shall
				immediately advise the Court of Claims in writing as to when, where and to whom
				such claim was presented or proceeding commenced.
c) Action against State employees. Failure to
				file or pursue suits against State employees acting within the scope of their
				employment shall not be a defense to the respondent.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.70 - General Continuance - Status Report

Current through Register Vol. 48, No. 28, July 12, 2024
When a cause of action has been continued generally the
				  claimant shall file annually, between April 1 and May 31, a notice in
				  duplicate, with the Clerk of the Court of Claims, advising the Court of the
				  following:
a) The status of the action
				giving rise to the continuance.
b)
				Whether the claim in the Court of Claims should be further continued, placed
				back on the active calendar or dismissed.
c) If said action has been disposed of, the
				date and result of said disposition must be filed within 30 days thereafter,
				and the Court be advised as to whether the claim should be placed back on the
				active calendar or dismissed.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.80 - Death of Claimant

Current through Register Vol. 48, No. 28, July 12, 2024
If the claimant dies pending the suit, the death must be
				  suggested on the record, and the legal representative upon filing a duly
				  certified copy of the record of appointment as executor or administrator, may
				  be admitted to prosecute the suit by special leave of the Court. It is the duty
				  of the claimant's attorney to notify the Court of the death of the claimant
				  when the fact first becomes known to him.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.90 - Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
Failure to comply with the provisions of Section
				  790.50,
				  790.60,
				  790.70
				  or
				  790.80 of this
				  Part shall be grounds for dismissal.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.100 - Answer by Respondent

Current through Register Vol. 48, No. 28, July 12, 2024
The respondent shall answer within 60 days after the filing
				  of the complaint, and the claimant may reply within 30 days after the filing of
				  that answer, unless the time for pleadings is extended pursuant to Section
				  790.55(f);
				  provided however, if the respondent fails to answer, a general denial of the
				  facts set forth in the complaint shall be considered as filed, except as
				  otherwise provided in this Section. Respondent, upon good cause shown, may
				  thereafter, by leave of Court, be permitted to file affirmative pleadings. The
				  Court, a Judge thereof, or a Commissioner may order the respondent to file an
				  answer. Failure to file an answer shall subject the respondent to being held in
				  default and debarred from filing any other pleading or maintaining any
				  defense.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.110 - Hearings - Assignments and Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
The Court shall assign the case to a Commissioner who, within
				  a reasonable time, shall set the time and place for hearing, and notify
				  opposing counsel in writing. No continuances shall be granted by the
				  Commissioner except upon good cause shown, supported by affidavit. Any
				  communications between the Commissioner and the Court are deemed preliminary
				  and confidential.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.120 - Transcript of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Filing. All evidence shall be taken in writing in the manner in which
				depositions in civil actions are usually taken. When the evidence is taken, and
				the proofs in a case are closed, the evidence shall be transcribed, and the
				transcript shall be filed by the court reporter with the clerk within 30 days
				after the completion of the hearing.
b) Form. The format of the transcript of
				evidence shall conform to that of court reporters as nearly as practicable.
				Double spacing shall be used for each question and answer. Letter or legal size
				paper shall be used, and margins shall be of suitable size.
c) Index - witnesses. An index identifying
				the names of the witnesses shall be included in the transcript of evidence. The
				index shall further disclose the pages on which the testimony of each witness
				appears.
d) Index - exhibits. An
				index identifying exhibits and reflecting the pages on which the exhibits are
				marked for identification shall be included in the transcript of evidence. The
				index shall further disclose the pages on which the exhibits are admitted into
				evidence or whereon admission thereof is denied.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.130 - Costs of Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
All costs and expenses of taking evidence required by the
				  claimant shall be borne by the claimant, and the costs and expenses of taking
				  evidence required by the respondent shall be borne by the
				  respondent.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.140 - Departmental Records and Reports - Prima Facie Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
All records and files maintained in the regular course of
				  business by any department, commission, board, agency or authority of the State
				  of Illinois, and all departmental reports made by any officer thereof relating
				  to any matter or case pending before the Court shall be prima facie evidence of
				  the facts set forth therein; provided, a copy thereof shall have been first
				  duly mailed or delivered by the Attorney General or the legal counsel of the
				  appropriate State agency to the claimant, or his attorney of record, and 2
				  copies filed with the Clerk.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.150 - Medical Examination of Claimant

Current through Register Vol. 48, No. 28, July 12, 2024
a) Court order. In any case in which the
				physical condition of a claimant or claimants is in controversy, the Court may
				order claimant(s) to submit to a physical examination by a physician. The order
				may be made by the Court on its own motion or on motion for good cause shown,
				and upon notice to the claimant to be examined, or to his attorney, and to all
				other claimants, or to their attorneys, if any. Said notice shall specify the
				time, place, manner, conditions and scope of the examination, and the person or
				persons by whom it is to be made.
b) Physician's report. If requested by the
				claimant examined, respondent shall deliver to him a copy of a detailed written
				report of the examining physician setting out his findings and conclusions.
				After such request and delivery to the claimant of such detailed written
				report, respondent shall be entitled, upon request, to receive from the
				claimant examined a like report of any examination previously or thereafter
				made of the same physical condition. If the claimant examined refuses to
				deliver such report or reports, the Court, on motion and notice, may enter an
				order requiring delivery on such terms as are just, and, if a physician fails
				or refuses to make such a report, the testimony of such physician may be
				excluded, if offered at the hearing of the case.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.155 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Court may
				issue subpoenas through the Chief Justice or one of its Judges or Commissioners
				to require attendance of witnesses for the purpose of testifying before it, any
				Judge of the Court, any notary public, or any of its Commissioners, and to
				require the production of any books, records, papers or documents that may be
				material or relevant as evidence in any matter pending before it. If any person
				refuses to comply with any subpoenas issued in the name of the Chief Justice,
				or one of the Judges or Commissioners, attested to by the Clerk, with the seal
				of the Court attached, and served upon the person named in the subpoena, as a
				summons in a civil action is served, the circuit court of the proper county, on
				application of the party at whose instance the subpoena was issued, shall
				compel obedience by attachment proceedings, as for contempt, as in a case of a
				disobedience of the requirements of a subpoena from the circuit court on a
				refusal to testify.
b) The Clerk of
				the Court of Claims, when an action is pending, shall, from time to time, issue
				subpoenas on behalf of the Chief Justice, the Judges or Commissioners, for
				those witnesses and to those counties in the States as may be required by the
				attorneys or either party.
c) Every
				subpoena shall:
1) state that it is issued by
				the Court of Claims; and
2) state
				the title of the action and its civil action number; and
3) command each person to whom it is directed
				to attend and give testimony or to produce or permit inspection and copying of
				designated books, documents or tangible things in the possession, custody or
				control of that person. A command to produce evidence shall be joined with a
				command to appear at trial or hearing or at deposition.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.160 - Excerpts from the Record

Current through Register Vol. 48, No. 28, July 12, 2024
In all cases where the transcript of the evidence exceeds 100
				  pages, the Court, a Judge thereof, or a Commissioner may order that the
				  claimant file 6 copies of excerpts from the record, which shall contain the
				  parts of the record deemed essential for the Judges to read in order to decide
				  the issues presented. The excerpts shall refer to the pages of the record by
				  numerals on the margin. This document (entitled Excerpts from the Record),
				  which is to be filed with claimant's brief, is in lieu of the abstract formerly
				  required, and shall be prepared in conformity with Supreme Court Rule 342 to
				  the extent that rule may be applicable.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.170 - Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
The Court, a Judge thereof, or a Commissioner may order the
				  filing of briefs in a case where the filing of briefs may enlighten the Court.
				  If so ordered, each party shall file with the Clerk 2 copies of a typewritten
				  or printed brief setting forth the points of law upon which reliance is had,
				  with reference made to the authorities sustaining their contentions. Citation
				  of numerous authorities in support of the same point is not favored.
				  Accompanying the briefs, there shall be a statement of the facts and an
				  argument in support of the briefs. Wherever facts from the record are restated,
				  there shall be a reference to the pages of the record and not to the pages of
				  the excerpts.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.180 - Excerpts and Briefs - Time for Filing

Current through Register Vol. 48, No. 28, July 12, 2024
The excerpts, if any, brief and argument of the claimant must
				  be filed with the Clerk on or before the date ordered by the Court, a Judge
				  thereof, or a Commissioner. The respondent shall file its excerpts, if any,
				  brief and argument not later than the date ordered by the Court, a Judge
				  thereof, or a Commissioner. Claimant may file a reply brief no later than the
				  date ordered by the Court, a Judge thereof, or a Commissioner. Upon good cause
				  shown, further time to file the abstract or briefs of either party may, upon
				  notice to the other party, be granted by the Commissioner.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.190 - Extension of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Where a case has been assigned to a Commissioner, either
				  party, upon notice to the other party, may make application to the Commissioner
				  for an extension of time within which to file any pleadings, documents,
				  abstracts or briefs. A party filing such a motion shall submit therewith 3
				  copies of a proposed order. In all other cases such application for extension
				  of time shall be made to the Court.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.200 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) General. All
				motions and objections shall comply with Section
				790.30 of this
				Part.
b) Motions. All motions shall
				be in writing. Four copies of all motions, and suggestions in support of the
				motion, shall be filed with the Clerk of the Court and the assigned
				Commissioner, together with proof of service upon counsel for the other party.
				When the motion is based upon matter that does not appear of record, it shall
				be supported by an affidavit. A copy of the motion, suggestions in support of
				the motion, and affidavit, if any, shall be served upon counsel for the
				opposing party at the time the motion is filed with the Clerk.
c) Objections. Objections to motions, and
				suggestions in support of the objection, must be in writing and filed within 21
				days after the filing of the original motion. Upon the filing, within 21 days
				after the filing of the motion, of a request for an extension of time supported
				by an affidavit that an objection will be filed within the extended time, the
				time shall be automatically extended for an additional 21 days. No other
				extensions will be allowed except in compelling circumstances. Four copies of
				all objections to motions shall be filed with the Clerk of the Court, together
				with proof of service upon counsel for the other party. When motions are filed
				by either the claimant or the respondent, the moving party shall also submit a
				proposed order.
d) Rulings by
				Commissioners. After a cause has been assigned to a Commissioner, all motions
				during the course of the hearings, except motions to dismiss, motions for
				summary judgment, or other dispositive motions, may be determined by the
				Commissioner. The Commissioner shall cause to be filed with the Clerk of the
				Court any order so issued.
e) Oral
				argument on motions. There shall be no oral argument on motions or objections
				to motions, except on motions where, in the Court's discretion, oral arguments
				thereon would be of value to the Court.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.210 - Oral Argument of Case

Current through Register Vol. 48, No. 28, July 12, 2024
Oral argument on a matter before the Court, including a
				  petition for rehearing, will be permitted only when ordered by the Court. Oral
				  argument may be granted in the discretion of the Court upon request of a party
				  or by Court order.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.220 - Rehearing or New Trial

Current through Register Vol. 48, No. 28, July 12, 2024
A party desiring a rehearing or new trial in any case shall,
				  within 30 days after the filing of the opinion or order, file with the Clerk 4
				  copies of the petition for rehearing. The petition shall state briefly the
				  points supposed to have been overlooked or misapprehended by the Court, with
				  authorities and suggestions concisely stated in support of the points. A copy
				  of the petition shall be served on counsel for the other party and proof of
				  service shall be shown in the petition. Any petition violating this Section
				  will be stricken. The opposite party shall have 20 days from the date of filing
				  of the petition for rehearing to answer the petition, and the petitioner shall
				  have 10 days thereafter within which to file a reply. The granting of a
				  petition for rehearing can result in such relief as the Court deems
				  appropriate. Neither the claimant, nor the respondent, shall be permitted to
				  file more than one application or petition for rehearing.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.250 - Records - Calendar

Current through Register Vol. 48, No. 28, July 12, 2024
Records. The Clerk shall record all orders of the Court,
				  including the final disposition of cases. The Clerk shall keep all required
				  dockets in which shall be entered all claims filed, together with their number,
				  dates of filing, the name of claimants, their attorneys of record and
				  respective addresses. As papers are received, the Clerk shall stamp the filing
				  date thereon, and forthwith mail to opposing counsel a copy of all orders
				  entered, pleadings, motions, notices and briefs as filed. Such mailing shall
				  constitute due notice and service thereof.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.260 - Dismissal for want of Prosecution

Current through Register Vol. 48, No. 28, July 12, 2024
A case may be dismissed for want of prosecution where the
				  Court determines that the claimant has made no attempt in good faith to
				  proceed.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.270 - Fees and Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				claims based upon lapsed appropriations or lost warrant no filing fee shall be
				required. In all other claims the following fees shall apply:
Filing of complaint in which amount of claim is less
							 than
							 $1,000................................................................................
$15
Filing of complaint in which amount of claim is
							 $1,000 or
							 more..............................................................................
$35
b)
				Filing fees may be waived for an indigent person upon application provided and
				approved by the Court of Claims.
1) All
				applications shall be notarized and include: the name and address of the
				applicant; applicant's occupation and employer; income from the previous year;
				sources and amount of income expected in the future; persons dependent on the
				applicant for support; a brief statement of any real estate or personal
				property (including any motor vehicles) and the value of the real estate,
				personal property and motor vehicle held by the applicant; a statement (and any
				government issued documentation) of receiving assistance under one or more of
				the following public benefits programs (Supplemental Security Income (SSI), Aid
				to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families
				(TANF), Supplemental Nutritional Assistance Program (SNAP), etc.), or
				documentation of receiving unemployment insurance benefits; a statement of any
				applications filed on behalf of the applicant for leave to sue or defend as an
				indigent person during the previous year; and a statement that the applicant is
				unable to pay the cost of the case and has a meritorious claim or
				defense.
2) The Court, considering
				the information of the application as a whole, shall determine whether the
				information contained in the application demonstrates to the Court that an
				inability to pay exists, and if so, will waive the fees. Receipt of public
				benefit program assistance or unemployment insurance benefits stated in
				subsection (b)(1) shall result in waiver of fees, irrespective of other
				information provided.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart B - ADOPTION AND EFFECTIVE DATES › Section 790.280 - Adoption and Effective Dates

Current through Register Vol. 48, No. 28, July 12, 2024
The above and foregoing rules, as amended, were adopted as
				  rules, as amended, of the Court of Claims of the State of Illinois on the 6th
				  day of June, 1975, to be in full force and effect from and after the 1st day of
				  July, 1975.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart A - AUTHORITY › Section 800.5 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Article 22A of the Illinois Pension
				  Code[40 ILCS 5 /Art. 22A] creating the Illinois State Board of Investment,
				  effective October 10, 1969, with authority to manage, invest and reinvest, the
				  reserves, funds, assets, securities and moneys of any pension fund, as provided
				  in this Article, and to perform such other duties as may from time to time be
				  authorized by the General Assembly (Section 22A-101 of the Code) and that the
				  Board may adopt such rules and regulations (not inconsistent with Article 22A)
				  as in its judgment are desirable to implement and properly administer Article
				  22A (Section 22A-110 of the Code), the Illinois State Board of Investment, with
				  the objective of investing for a total return over the long term, establishes
				  this Part for the direction and administration of its affairs and for the
				  effective operation of the Board.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart B - BY-LAWS › Section 800.110 - Offices of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
General office. The general office of the Board shall be
				  maintained at 180 N. LaSalle St., Suite 2015, Chicago IL 60601. At that office,
				  all accounts, records, files, books, reports, correspondence and other data or
				  documents relating to the operations of the Board and the agency under its
				  jurisdiction shall be kept and all administrative matters shall be processed
				  under the direction and authority of the Director assisted by adequate
				  administrative personnel.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart B - BY-LAWS › Section 800.120 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Regular
				meetings. Meetings of the Board shall be held at least once each calendar
				quarter, on a date and at a time specified by the Chair.
b) Special meetings. Special meetings may be
				called at any time by the Chair or Vice Chair of the Board or by any three
				members of the Board.
c) Place and
				hour of meetings. Meetings of the Board shall be held at the general office of
				the Board or at any other place selected by the Chair or agreed upon by the
				Board, at the hour fixed by the Chair or by the members calling a special
				meeting.
d) Annual meeting. The
				annual meeting of the Board shall be held in the month of September, unless
				otherwise specified by the Chair or agreed upon by the Board.
e) Quorum. A majority of all members of the
				Board or Committee appointed and serving on the Board or Committee shall
				constitute a quorum for the transaction of business at any regular or special
				meeting of the Board or Committee.
f) Meetings. All meetings of the Board and
				any subsidiary body, including without limitation any committee, shall be
				subject to and conducted in accordance with the Open Meetings Act [ 5 ILCS 120
				].
g) Attendance by a means other
				than physical presence
If a quorum of the members of the Board or any
				  Committee is physically present, a majority of those physically present, as
				  required by Section 2.01 of the Open Meetings Act, may allow a member of the
				  Board to attend the meeting by other means (video or audio conference) if the
				  member is prevented from physically attending because of:
1)
personal illness or
				disability;
2)
employment purposes or the business of the Board; or
3)
a family or other
				emergency.
[
				5 ILCS
				120/7 ]
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart B - BY-LAWS › Section 800.130 - Officers and Their Duties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Elective officers. The following named officers shall be elected by the Board
				biennially at the annual meeting in each odd-numbered year from among the
				members of the Board: Chair, Vice Chair, Recording Secretary, and Member at
				Large. Any vacancy occurring during a biennial period shall be filled in like
				manner for the unexpired term of office.
b) Officers ex officio. The State Treasurer
				shall be Treasurer of the Board.
c)
				Chair. The Chair shall be the chief executive officer of the Board; shall
				preside at all meetings; announce the business before the Board; announce the
				question under consideration and the result of the vote taken; request a roll
				call upon any action or resolution as herein provided. He or she shall appoint
				all necessary committees and see that they perform their assigned duties. The
				Chair shall exercise general supervision over the operations of the
				agency.
d) Vice Chair
1) In the absence of the Chair, the Vice
				Chair shall act as Chair at any regular or special meeting and shall serve in
				the Chair's stead if the Chair is temporarily unable or unwilling to
				act.
2) If the Chair or Vice Chair
				is not available to preside at a meeting, any member selected by a majority
				vote of those present may act as presiding officer, pro tempore.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart B - BY-LAWS › Section 800.140 - Committees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Investment Policy
				Committee
1) There shall be an Investment
				Policy Committee of the Board, consisting of such members of the Board as the
				Chair of the Board shall appoint, who shall serve a term to end at the time of
				the next annual meeting of the Board following the election of officers. The
				Board shall determine delegation of Committee responsibilities. (Examples of
				such delegation include interviewing investment management firms that are
				finalists in the Board's competitive bidding process and recommending policies
				pertaining to the Board's investments, such as the Board's asset allocation
				study.)
2) It shall be the
				responsibility of the Committee:
A) to
				recommend investment policy to the Board, both at its regularly scheduled
				meetings and whenever recommendations appear, in the judgment of the Committee,
				to be necessary or desirable;
B)
				for the ongoing and specific supervision of the internal investment process,
				including but not limited to advance approval of all long-term investment
				transactions not falling within certain delegatory guidelines established by
				Board action; and
C) for ongoing
				liaison with external investment advisors, together with recommendations
				concerning the tenure, compensation, fund direction, and retention of the
				advisors.
3) The
				Committee shall elect a Chair by vote of a majority of its members.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart C - GENERAL POLICIES › Section 800.210 - Functions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The functions of
				the Board are limited to investment management and such other duties and
				responsibilities as are directed or permitted by statute. With respect to
				investment management more specifically:
To invest, reinvest, exchange and perform all
				  investment functions with regard to reserves, funds, assets, securities and
				  moneys which the Board is authorized to invest, and to preserve and protect
				  such reserves, funds, assets, securities and moneys, including, but not limited
				  to, authority to vote any stocks, bonds or other securities and to give general
				  or special proxies or powers of attorney with or without power of
				  substitution
[
				  40 ILCS
				  5/22A-106 ].
1) The Board shall manage investments by
				executing procedures that include, but are not limited to:
A) Performing due diligence on the investment
				portfolio. (Examples of due diligence include monitoring the performance of
				current investment portfolios, selecting new investment portfolios, determining
				the asset allocation per portfolio and selecting investment managers to invest
				portfolio assets.)
B) Adopting an
				asset allocation policy to achieve efficiently the Board's long-term investment
				objective. (Examples of policy considerations include examining all asset
				classes and their appropriate benchmarks and allocating specific percentages of
				assets to specific asset classes.)
C) Managing Board expenses. (Examples of such
				management include negotiating competitive asset management fees with
				investment managers and monitoring the Board's operating budget.)
D) Complying with the Illinois Pension Code [
				40 ILCS 5 ]. (Examples of compliance include adhering to statutory directives
				such as the prudent utilization of emerging investment managers in managing
				assets (see
				40 ILCS
				5/1-109.1(4)) and refraining from prohibited
				transactions.)
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart C - GENERAL POLICIES › Section 800.220 - Fiduciary Aspects

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall have a fiduciary identity and trust aspects.
				  By the name of "Illinois State Board of Investment," or its designated nominee,
				  all its business shall be transacted, all funds coming under its custody and
				  control shall be invested, and all securities and other property which it
				  acquires shall be held in trust for the specific purposes set forth in the
				  governing statute.
Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 800 - RULES AND REGULATIONS OF THE BOARD › Subpart C - GENERAL POLICIES › Section 800.230 - Delegation of Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall manage the investments of any pension fund
				  for the purpose of obtaining a total return on investments for the long term.
				  It also shall perform other functions as may be assigned or directed by the
				  General Assembly. The Board may not delegate its management functions. For the
				  purpose of seeking a broad spectrum of advice and fostering competitive
				  performance, and to assist the Board in fully implementing the provisions of
				  the applicable law, the Board may contract, for compensation, advisory
				  investment service providers as authorized by Section 22A-111 of the Illinois
				  Pension Code and consistent with the requirements of that Code, including but
				  not limited to, utilizing a competitive process, when required, that is
				  substantially similar to the process required for the procurement of
				  professional and artistic services under Article 35 of the Illinois Procurement
				  Code [ 30 ILCS 500 ], as required by Section 1-113.14 of the Illinois Pension
				  Code.