Current through Register Vol. 48, No. 38, September 20, 2024
a)
Service Requirements. This Section contains the Board's general service
requirements. However, the more specific Part for a proceeding type may contain
additional requirements.
b) Duty to
Serve and When to Initiate Service. A party filing a document with the Clerk
under Section
101.302 must
also serve one copy of the document upon each of the other parties to the
adjudicatory proceeding and, if a hearing officer has been assigned, upon the
assigned hearing officer. Service of a document must be initiated concurrently
with submitting the document to the Clerk for filing.
1) Service of a document upon a party must be
made upon a person authorized by law to receive service on behalf of the party.
If a party is represented by an attorney who has filed an appearance, service
upon the party is made by serving the document upon the party's attorney. If
more than one attorney appears for a party, service upon one of the party's
attorneys is sufficient.
2) Each
document being served (e.g., enforcement complaint, petition for review) must
be accompanied by a notice of filing (see Appendix D) and a copy of the
documentation of service (see subsection (d)).
3) The date on which service of a document is
considered to have been completed is determined under Section
101.300(c).
4) A proceeding is subject to dismissal, and
the filing party is subject to sanctions, if service is not timely initiated or
completed.
5) Whether service of a
document was proper may be challenged by the party allegedly served. To avoid
waiving the right to contest personal jurisdiction, any challenge to service
must be made under Section
101.400(a)(5).
c) Methods of Service. A document must be
served in one of the following ways:
1) Except
as provided in subsection (c)(2), service of documents may be made by any of
the following methods:
A) Personal
service;
B) U.S. Mail;
C) Third-party commercial carrier;
D) E-mail in compliance with Subpart J;
and
E) Facsimile, but only if the
party being served has filed a notice consenting to receipt of facsimile
service and not filed a notice revoking that consent.
2) Service of enforcement complaints and EMSA
statements of deficiency upon respondents must be made by:
A) Personal service;
B) U.S. Mail with a recipient's signature
recorded by the U.S. Postal Service upon delivery; or
C) A third-party commercial carrier with a
recipient's signature recorded by the third-party commercial carrier upon
delivery.
3) Service of
administrative citations must be made as required under 35 Ill. Adm. Code
108.
d) Documentation of
Service and When to File Documentation of Service. A party serving a document
upon another party must also file documentation of that service. A proceeding
is subject to dismissal, and the filing party is subject to sanctions, if
documentation of service is not timely filed with the Clerk. Documenting
service and filing that documentation must be done as follows:
1) For personal service of a document, either
an affidavit or certificate of service signed by the person who made personal
delivery or a declaration of service signed by the process server who made
personal delivery must accompany the document being filed with the Clerk.
However, if the signed affidavit, certificate, or declaration is not available
to the filing party when the document is filed with the Clerk, the filing must
include:
A) An affidavit or certificate of
service, signed by the filing party, stating that service has been initiated,
but not yet completed, and providing the following: the date, the time by when,
and the place the document was provided to the person making personal delivery;
the address appearing on the envelope or package containing the document; and a
statement that the delivery charge was prepaid; and
B) Within seven days after it becomes
available to the filing party, the affidavit or certificate of service
containing the signature of the person who made personal delivery or the
declaration of service containing the signature of the process server,
accompanied by a notice identifying the filed document to which the signed
affidavit, certificate, or declaration corresponds. A copy of the signed
affidavit, certificate, or declaration and the notice must be served under
subsection (a).
2) For
service of a document by U.S. Mail or third-party commercial carrier with a
recipient's signature recorded by the U.S. Postal Service or the third-party
commercial carrier upon delivery, the delivery confirmation containing the
recipient's signature must accompany the document being filed with the Clerk.
However, if the delivery confirmation containing the recipient's signature is
not available to the filing party when the document is filed with the Clerk,
the filing must include:
A) An affidavit or
certificate of service, signed by the filing party, stating that service has
been initiated, but not yet completed, and providing the following: the date,
the time by when, and the place the document was provided to the U.S. Postal
Service or the third-party commercial carrier; the address appearing on the
envelope or package containing the document; and a statement that the proper
postage or the delivery charge was prepaid; and
B) Within seven days after it becomes
available to the filing party, the delivery confirmation containing the
recipient's signature, accompanied by a notice identifying the filed document
to which the signed delivery confirmation corresponds. A copy of the delivery
confirmation and the notice must be served under subsection (a).
3) For service of a document by
e-mail or facsimile, an affidavit or certificate of service must accompany the
document being filed with the Clerk. An affidavit or certificate of e-mail
service must comply with Section
101.1060. An
affidavit or certificate of facsimile service must include the date and time of
the facsimile transmission, the telephone number to which the transmission was
sent, the number of pages transmitted, and a statement that the document was
served by facsimile.
4) For service
of a document by U.S. Mail or a third-party commercial carrier without a
recipient's signature recorded by the U.S. Postal Service or the third-party
commercial carrier upon delivery, an affidavit or certificate of service must
accompany the document being filed with the Clerk. The affidavit or certificate
must state the following: the date, the time by when, and the place the
document was provided to the U.S. Postal Service or the third-party commercial
carrier; the address appearing on the envelope or package containing the
document; and that proper postage or the delivery charge was prepaid.
5) An affidavit of service must be notarized
and is for use by a non-attorney. A certificate of service is for use by an
attorney. Sample forms of an affidavit of service and a certificate of service
are available in Appendices E and H.
6) A certificate of service must bear an
attorney's signature. Signatures in affidavits of service, declarations of
service, and delivery confirmations must be written by hand. A handwritten
signature in documentation of service filed with the Clerk may be a facsimile
or digitized electronic signature.
e) Service of Amicus Curiae Briefs. Any
person who files an amicus curiae brief with the Board in any proceeding must
serve copies of that brief on all parties in compliance with this
Section.
f) Service of Comments of
Participants in an Adjudicatory Proceeding. Participants must serve comments
upon the parties to the proceeding. The Board will consider the comments as
time and the Act or other applicable law allow.
g) Service on Agencies. Service must be at
the addresses listed below unless a specific person has an appearance on file
with the Board or has, in compliance with Section
101.1070,
consented to e-mail service.
1) Service on the
Illinois Environmental Protection Agency. The Agency must be served at:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield IL 62794-9276
epa.dlc@illinois.gov
2) Service on Office of State Fire Marshal.
The OSFM must be served at:
Division of Petroleum and Chemical Safety
Office of the State Fire Marshal
1035 Stevenson Dr.
Springfield IL 62703
3) Service on the Illinois Attorney General.
The Office of the Attorney General must be served at:
Division Chief of Environmental Enforcement
Office of the Attorney General
100 West Randolph St., Suite 1200
Chicago IL 60601
enviro@atg.state.il.us
4) Service on the Illinois Department of
Natural Resources. DNR must be served at:
Office of Legal Services
Illinois Department of Natural Resources
One Natural Resources Way
Springfield IL 62702-1271
5) Service on the Illinois Department of
Transportation. IDOT must be served at:
Office of Chief Counsel
DOT Administration Building
2300 S. Dirksen Parkway, Room 300
Springfield IL 62764
6) Service on Region V of the United States
Environmental Protection Agency. USEPA Region V must be served at:
USEPA, Region V
77 West Jackson
Chicago IL 60604
