HB4235 EngrossedLRB098 14541 JWD 49309 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by adding Section 5-720 as follows:
 
6    (20 ILCS 5/5-720 new)
7    Sec. 5-720. Representation before departments by
8out-of-state attorneys.
9    (a) When any attorney who is not admitted to the practice
10of law in Illinois by unlimited or conditional admission, but
11who is licensed in another state, territory, or commonwealth of
12the United States, the District of Columbia, or a foreign
13country may desire to appear before a hearing officer,
14administrative law judge, or other adjudicatory officer or body
15of a department, such attorney shall be allowed to appear
16before the same as provided in Illinois Supreme Court Rule 707.
17    (b) Subject to the rulemaking provisions of the Illinois
18Administrative Procedure Act, each department may adopt rules
19to implement and administer this Section.
 
20    Section 10. The Illinois Independent Tax Tribunal Act of
212012 is amended by changing Section 1-80 as follows:
 

 

 

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1    (35 ILCS 1010/1-80)
2    Sec. 1-80. Representation.
3    (a) Appearances in proceedings conducted by the Tax
4Tribunal may be by the taxpayer or by an attorney admitted to
5practice in this State. The Tax Tribunal may allow an attorney
6who is not admitted to the practice of law in Illinois by
7unlimited or conditional admission, but who is authorized to
8practice or licensed in another state, territory, or
9commonwealth of the United States, the District of Columbia, or
10a foreign country any other jurisdiction of the United States
11to appear and represent a taxpayer in proceedings before the
12Tax Tribunal for a particular matter as provided in Illinois
13Supreme Court Rule 707.
14    (b) The Department of Revenue shall be represented by the
15Attorney General in all proceedings before the Tax Tribunal.
16(Source: P.A. 97-1129, eff. 8-28-12.)
 
17    Section 15. The Public Utilities Act is amended by changing
18Section 10-101 as follows:
 
19    (220 ILCS 5/10-101)  (from Ch. 111 2/3, par. 10-101)
20    Sec. 10-101. The Commission, or any commissioner or hearing
21examiner designated by the Commission, shall have power to hold
22investigations, inquiries and hearings concerning any matters
23covered by the provisions of this Act, or by any other Acts
24relating to public utilities subject to such rules and

 

 

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1regulations as the Commission may establish. In the conduct of
2any investigation, inquiry or hearing the provisions of the
3Illinois Administrative Procedure Act, including but not
4limited to Sections 10-25 and 10-35 of that Act, shall be
5applicable and the Commission's rules shall be consistent
6therewith. Complaint cases initiated pursuant to any Section of
7this Act, investigative proceedings and ratemaking cases shall
8be considered "contested cases" as defined in Section 1-30 of
9the Illinois Administrative Procedure Act, any contrary
10provision therein notwithstanding. Any proceeding intended to
11lead to the establishment of policies, practices, rules or
12programs applicable to more than one utility may, in the
13Commission's discretion, be conducted pursuant to either
14rulemaking or contested case provisions, provided such choice
15is clearly indicated at the beginning of such proceeding and
16subsequently adhered to. No violation of this Section or the
17Illinois Administrative Procedure Act and no informality in any
18proceeding or in the manner of taking testimony before the
19Commission, any commissioner or hearing examiner of the
20Commission shall invalidate any order, decision, rule or
21regulation made, approved, or confirmed by the Commission in
22the absence of prejudice. All hearings conducted by the
23Commission shall be open to the public.
24    Each commissioner and every hearing examiner of the
25Commission designated by it to hold any inquiry, investigation
26or hearing, shall have the power to administer oaths and

 

 

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1affirmations, certify to all official acts, issue subpoenas,
2compel the attendance and testimony of witnesses, and the
3production of papers, books, accounts and documents.
4    Hearings shall be held either by the Commission or by one
5or more commissioners or hearing examiners.
6    When any counselor or attorney who is not admitted to the
7practice of law in Illinois by unlimited or conditional
8admission, but who is at law, licensed in another any other
9state, or territory, or commonwealth of the United States, the
10District of Columbia, or a foreign country may desire to appear
11before the Commission, such counselor or attorney shall be
12allowed to appear before the Commission as provided in Supreme
13Court Rule 707 upon the same terms and in the same manner that
14counselors and attorneys at law licensed in this State now are
15or hereafter may be admitted to appear in such other state or
16territory before its Commission or equivalent body.
17    All evidence presented at hearings held by the Commission
18or under its authority shall become a part of the records of
19the Commission. In all cases in which the Commission bases any
20action on reports of investigation or inquiries not conducted
21as hearings, such reports shall be made a part of the records
22of the Commission. All proceedings of the Commission and all
23documents and records in its possession shall be public
24records, except as in this Act otherwise provided.
25    To the extent consistent with this Section and the Illinois
26Administrative Procedure Act, the Commission may adopt

 

 

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1reasonable and proper rules and regulations relative to the
2exercise of its powers, and proper rules to govern its
3proceedings, and regulate the mode and manner of all
4investigations and hearings, and alter and amend the same.
5(Source: P.A. 88-45.)