Current through Register Vol. 48, No. 12, March 22, 2024
a)
Authority of Director
Pursuant to Section
125.30(f)(1)
of this Part and the Administrative Procedure Act (Ill. Rev. Stat 1991, ch.
127., par. 1010-25), the Director or his designee shall oversee the maximum
rate schedules hearings. Any designee named by the Director shall be appointed
in writing. The Director or his designee shall have those powers and duties
necessary to accomplish this purpose including the following:
1) Scheduling hearings;
2) Administer oaths and
affirmations;
3) The Director or
his designee shall call upon Department personnel to testify as to information
gathered pursuant to Section 19.3 B1 of the Currency Exchange Act (Ill. Rev.
Stat. 1983, ch. 17, par. 4838).
4)
Subpoena Power
The Director or his designee will issue a subpoena upon request
or when the Director determines that information otherwise unavailable is
necessary to assist him in the ratemaking process. The Director, for purposes
of maximum rate schedules hearing shall have the same subpoena power as in the
Currency Exchange Act, (Ill. Rev. Stat. 1983, ch. 17, par. 4818).
b) Notice, Time and
Place of Hearings
All hearings pursuant to this Part shall be open to the public.
Notification of said hearings shall be done in accordance with Section
125.30(f)(1)(B)
of this Part. There shall be one hearing
held in Chicago and one held in Springfield and at such time and date
designated by the Director so that persons affected by the outcome of the
proceedings, such as currency exchange owners and currency exchange customers,
may attend the hearing.
c)
Recording Appearances
All parties and staff witnesses shall enter their appearances
at the beginning of the hearing by giving their names, addresses, telephone
numbers and whom they represent, in writing to the court reporter who will
include the same in the record of the hearing. The Director or his designee
shall require each witness to state his or her name.
d) Transcripts
Transcripts will be made pursuant to Section
125.30(f)(4)
of this Part.
e) Testimony
to be Under Oath or Affirmation
All testimony to be considered by the Director shall be sworn
or affirmed testimony.
f)
Conduct of Hearings
1) The Director or his
designee shall open the hearing(s) by presenting for the record a copy of the
petition requesting an increase in the maximum rate schedules, and shall
continue the hearing if time does not permit all persons to be heard on the
same day.
2) The Director or his
designee shall call upon those persons who, in the manners set forth in
Sections
125.30(e)(1),
125.30(f)(2)
and
125.30(f)(3)
of this Part, have given proper notice pursuant to these sections of their
intention to give oral testimony at the hearing(s). Person testifying will be
called in the following order:
A) Expert
testimony; expert testimony being that defined in Section
125.30(g)(2)
of this Part;
B) Consumer
groups;
C) Any individual having an
interest in a currency exchange and the general public including users of
currency exchange services;
D)
State and governmental Departments and/or agencies and private business
entities;
E) Department of
Financial Institutions staff;
F)
The above order (A-E) will change in the event of any of the parties presenting
testimony have time constraints due to distance travelled or medical
restrictions.
3)
Rebuttal will be done pursuant to Section
125.30(h)
of this Part.
4) The Director and a
designee to assist in the conduct of the hearings may ask questions of any
person presenting oral testimony pursuant to Section
125.30(f)
for the purpose of clarification and information.
5) Upon receipt of more than 30 written
notices of intent to testify pursuant to Section
125.30(f)(3)
on a particular day, the Director or his designee shall set time limitations
for such testimony. This will ensure the opportunity for each individual having
given notice pursuant to Section
125.30 to
testify.
6) The Director or his
designee shall halt testimony which is repetitious and which is not relevant to
the ratemaking at issue.
g) Hearing Decorum
1) All parties to these hearing(s) shall
conduct themselves in a manner such that all parties may make their
presentation.
2) When there is a
threat to a participant or to the proceedings, the hearings shall be recessed
until the threat has been removed. A threat shall consist of a physical, verbal
or written act.
3) The Director or
his designee shall remove from the hearing any individual(s) who conduct
themselves in such a manner as to prevent all parties from making their
presentations.
h)
Decision of Director
1) The final decision
regarding the new rate shall be made only by the Director.
2) The decision by the Director will be in
writing and will state the basis for the finding in accordance with the
criteria listed in Section 19.3 B of the Currency Exchange Act.
i) Time Schedules
The Director shall adhere to the following time schedules with
respect to the Rate Making Process.
1)
When the petition as outlined in Section
125.50(c)
of this Part is granted Maximum Rate Schedule Hearings must be conducted within
75 days of the Director granting said petition.
2) After the Maximum Rate Schedule Hearings
have been completed and the Rebuttal period pursuant to Section
125.30(h)
of this Part has occurred, the Director shall have 30 days to make his finding
pursuant to Section
125.30(i)(2)
of this Part.
3) The Director shall
have 30 days after issuing his finding to initiate rulemaking for a
modification and or change in rates. This rulemaking shall be conducted
pursuant to the Illinois Administrative Procedure Act, Ill. Rev. Stat. 1991,
ch. 127, par. 1001-1 et seq.
