Illinois Administrative Code
Title 83 - PUBLIC UTILITIES
Part 200 - RULES OF PRACTICE
Subpart E - POST-HEARING PROCEDURE
Section 200.820 - Hearing Examiner's Recommended or Proposed Order
Universal Citation: 83 IL Admin Code ยง 200.820
Current through Register Vol. 48, No. 38, September 20, 2024
a) Proceedings under the Public Utilities Act.
1) In
any hearing, proceeding, investigation or rulemaking conducted by the Commission,
the Commission, Commissioner or hearing examiner presiding, shall, after the close
of evidentiary hearings, prepare a recommended or tentative decision, finding or
order including a statement of findings and conclusions and the reasons or basis
therefore, on all the material issues of fact, law or discretion presented on the
record. Such recommended or tentative decision, finding or order shall be served by
the Chief Clerk of the Commission on all parties who shall be entitled to a
reasonable opportunity to respond thereto, either in briefs or comments otherwise to
be filed or separately. The recommended or tentative decision, finding or order and
any responses thereto, shall be included in the record for decision. [220 ILCS
5/10-111] .
2)
Subsection (a)(1) applies only to those proceedings in which the decision is adverse
to a party to the proceeding other than the Agency or in which a party or Staff
requests that a recommended or tentative decision, finding or order be served based
upon good cause shown. Good cause shall include, but not be limited to, a
representation that issues that otherwise would have been contested have been
resolved by agreement between two or more of the parties. [5 ILCS 100/10-45
]
b) Other proceedings.
1) The Hearing examiner shall issue a proposed
order in any "Contested Case" or "Licensing Proceeding" if the proposed order is
adverse to any party in the proceeding.
2) The Commission may, upon its own motion, direct
a Hearing Examiner to issue a proposed order in any other proceeding.
3) The proposed order shall be served on all
parties and Staff witnesses by the Chief Clerk of the Commission.
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