Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 101 - GENERAL RULES
Subpart E - MOTIONS
Section 101.502 - Motions Directed to the Hearing Officer

a) The hearing officer has the authority to rule on all motions that are not dispositive of the proceeding. Dispositive motions include motions to dismiss, motions to decide a proceeding on the merits, motions to strike any claim or defense for insufficiency or want of proof, motions claiming lack of jurisdiction, motions for consolidation, motions for summary judgment, and motions for reconsideration. Oral motions directed to a hearing officer at a status conference will be summarized in a written hearing officer order. The duties and authorities of the hearing officer are further specified in Section 101.610.

b) At hearing, objections and hearing officer rulings must be made on the record. A party's objection to a hearing officer ruling made at hearing is waived if the party fails to file the objection within 14 days after the Board receives the hearing transcript.

c) Unless the Board orders otherwise, neither the filing of a motion, nor any appeal to the Board of a hearing officer order will stay the proceeding or extend the time to perform any act. Unless otherwise provided, all hearing officer orders will remain in effect during the pendency of any appeal to the Board.