Current through Register Vol. 48, No. 12, March 22, 2024
a) Except as otherwise
specified in this Section, the provisions of Sections
200.340 through
200.430 of this Part shall
apply fully to all proceedings before the Commission. In proceedings under the ICTL,
subsection (b) of this Section shall control in the event of a conflict between this
Section and the remaining Sections of this Subpart.
b) Special discovery provisions applicable to
proceedings under Section 18c-2105 of the ICTL [625 ILCS
5/18c-2105 ].
1)
Discovery Generally. Any party may utilize written interrogatories, depositions,
requests for discovery or inspection of documents or property and other discovery
tools commonly utilized in civil actions in the circuit courts in the State of
Illinois in the manner contemplated by the Code of Civil Procedure and the Rules of
the Supreme Court of Illinois; except that discovery must be completed by the 30th
day after the party filed its petition for leave to intervene, unless the period of
discovery is extended by agreement of the parties or by the Commission. The Chairman
or a hearing examiner may, at any time, on his own motion or at the request of a
party, issue such rulings denying, limiting, conditioning, or regulating discovery
as justice requires, and may supervise all or part of any discovery procedure.
Parties to proceedings before the Commission are encouraged to clarify and resolve
issues where possible through the use of pre-hearing discovery. However, discovery
order should be calculated to lessen the time and expense required to reach an
informed resolution of the issues.
2)
Subpoenas. The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records, documents, or
other papers, at a time and place set forth in the subpoena, in connection with a
proceeding before the Commission. Service of the subpoena shall be in the same
manner as a subpoena issued by a court. The Commission may, on its own motion or the
motion of a person served with a subpoena, quash the subpoena, in whole or in
part.
3) Appeal from Discovery and
Subpoenas. A person served with a discovery request or subpoena may appeal such
interlocutory matter to the Commission. Such appeals shall set forth grounds for
seeking to quash or limit the scope of the discovery or subpoena, as well as the
specific relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the person served
shall be excused from compliance with the discovery order or subpoena until a
decision on its appeal is made by the Commission.
4) Assessment and Payment of Discovery Costs. The
Commission may assess the costs of discovery, including fees for witness attendance
and travel, against the party by which discovery was requested. Where a subpoena is
issued on the Commission's own motion, fees for witness attendance and travel shall
be paid by the Commission on request. Witness fees shall be the same as for a
circuit court proceeding. Deposits to insure payment of costs and fees may be
required.
5) Enforcement of Discovery
Procedures. The Commission may, where a person has failed to comply with or permit
discovery authorized hereunder, determine any or all issues within the scope of the
discovery or subpoena adverse to such person without further evidence. The
Commission may, in addition, assess civil penalties under Article VII of Sub-chapter
1 of the ICTL for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the
violator.
c) Each data
request propounded by a party or Staff shall be served on all other active parties
and the Staff in that docket. Responses to data requests shall only be served on
those parties or Staff that have requested such responses. Data requests and
responses thereto shall not be served on the Hearing Examiner or filed with the
Chief Clerk.