(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
|
(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
|
(625 ILCS 5/Ch 18C Sub 2 Art II heading) ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
|
(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
|