Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 1329 - ADMINISTRATION OF THE STATEWIDE 9-1-1 FUND › Subpart E - DISPUTES › Section 1329.500 - Resolution of Geographic Disputes

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the
				event that a 9-1-1 Authority files a formal petition with the Administrator alleging
				an area of overlapping 9-1-1 service jurisdiction in which the 9-1-1 Authorities in
				that geographic area have not agreed to the manner in which surcharge disbursements
				in that area will be apportioned, the surcharge disbursements for that area shall be
				made based on reference to an official Master Street Address Guide (MSAG) or
				Geospatial Mapping Data, to the ETSB or qualified governmental entity whose PSAP
				provides wireless 9-1-1 service in that area. The petitioning 9-1-1 Authority
				claiming the overlapping jurisdiction shall be responsible for providing a copy of
				the applicable MSAG or Geospatial Mapping Data (see 83 Ill. Adm. Code 1328.105 ). In
				the event no MSAG or Geospatial Mapping Data is available for the jurisdiction at
				issue or does not provide the information necessary to resolve the dispute, a
				hearing shall be held by the Administrator and the dispute shall be resolved based
				on the evidence available. Any monies allocated to the Fund for the geographic
				region in question shall be held in escrow until a final order is entered.
b) In the event that a subscriber billing address
				is matched to an incorrect jurisdiction, the recipient, upon notification from the
				Administrator, shall redistribute the funds in question in the manner directed by
				the Administrator, based on the procedures in Section 1329.420.
c) In the event of a dispute between 9-1-1
				Authorities concerning a subscriber billing address, a provider may file a petition
				with the Administrator seeking a determination of the billing address.
d) If the Administrator determines a hearing is
				necessary to resolve a dispute raised by a petition filed with the Administrator,
				the following shall apply:
1) The Administrator
				shall determine the date, time and location of any hearing and shall make reasonable
				efforts to hold the hearing at a date, time and location convenient to all
				parties.
2) The Administrator shall
				appoint an administrative law judge (ALJ) to preside over the hearing.
A) Any testimony requested or permitted shall be
				under oath or affirmation, which will be administered by the ALJ.
B) Hearings shall be open to the public; however,
				only those members of the public who have filed a witness slip and have been
				acknowledged will be permitted to speak during the hearing.
3) The procedures for admissibility of evidence
				shall be as described in Section 10-40 of the Illinois Administrative Procedure Act
				[5 ILCS
				100/10-40 ] and as ordered by the presiding ALJ.
4) A transcript of the recorded hearing shall be
				provided to the applicant upon written request.
A)
				The cost of transcription shall be the responsibility of the applicant.
B) Fees shall not exceed the actual cost for the
				preparation of the transcript.
C) The
				record need not be transcribed unless the Board receives a written request and fee
				from the applicant in accordance with this Section.
5) Regardless of whether a hearing is called, all
				disputes shall be resolved by a final order of the Administrator.