Rep. Kelly Burke

Filed: 2/20/2014

 

 


 

 


 
09800HB4235ham002LRB098 14541 RPS 55879 a

1
AMENDMENT TO HOUSE BILL 4235

2    AMENDMENT NO. ______. Amend House Bill 4235 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

09800HB4235ham002- 2 -LRB098 14541 RPS 55879 a

1    (b) Subject to the rulemaking provisions of the Illinois
2Administrative Procedure Act, each department may adopt rules
3to implement and administer this Section.
 
4    Section 10. The Illinois Independent Tax Tribunal Act of
52012 is amended by changing Section 1-80 as follows:
 
6    (35 ILCS 1010/1-80)
7    Sec. 1-80. Representation.
8    (a) Appearances in proceedings conducted by the Tax
9Tribunal may be by the taxpayer or by an attorney admitted to
10practice in this State. The Tax Tribunal may allow an attorney
11who is not admitted to the practice of law in Illinois by
12unlimited or conditional admission, but who is authorized to
13practice or licensed in another state, territory, or
14commonwealth of the United States, the District of Columbia, or
15a foreign country any other jurisdiction of the United States
16to appear and represent a taxpayer in proceedings before the
17Tax Tribunal for a particular matter as provided in Illinois
18Supreme Court Rule 707.
19    (b) The Department of Revenue shall be represented by the
20Attorney General in all proceedings before the Tax Tribunal.
21(Source: P.A. 97-1129, eff. 8-28-12.)
 
22    Section 15. The Public Utilities Act is amended by changing
23Section 10-101 as follows:
 

 

 

09800HB4235ham002- 3 -LRB098 14541 RPS 55879 a

1    (220 ILCS 5/10-101)  (from Ch. 111 2/3, par. 10-101)
2    Sec. 10-101. The Commission, or any commissioner or hearing
3examiner designated by the Commission, shall have power to hold
4investigations, inquiries and hearings concerning any matters
5covered by the provisions of this Act, or by any other Acts
6relating to public utilities subject to such rules and
7regulations as the Commission may establish. In the conduct of
8any investigation, inquiry or hearing the provisions of the
9Illinois Administrative Procedure Act, including but not
10limited to Sections 10-25 and 10-35 of that Act, shall be
11applicable and the Commission's rules shall be consistent
12therewith. Complaint cases initiated pursuant to any Section of
13this Act, investigative proceedings and ratemaking cases shall
14be considered "contested cases" as defined in Section 1-30 of
15the Illinois Administrative Procedure Act, any contrary
16provision therein notwithstanding. Any proceeding intended to
17lead to the establishment of policies, practices, rules or
18programs applicable to more than one utility may, in the
19Commission's discretion, be conducted pursuant to either
20rulemaking or contested case provisions, provided such choice
21is clearly indicated at the beginning of such proceeding and
22subsequently adhered to. No violation of this Section or the
23Illinois Administrative Procedure Act and no informality in any
24proceeding or in the manner of taking testimony before the
25Commission, any commissioner or hearing examiner of the

 

 

09800HB4235ham002- 4 -LRB098 14541 RPS 55879 a

1Commission shall invalidate any order, decision, rule or
2regulation made, approved, or confirmed by the Commission in
3the absence of prejudice. All hearings conducted by the
4Commission shall be open to the public.
5    Each commissioner and every hearing examiner of the
6Commission designated by it to hold any inquiry, investigation
7or hearing, shall have the power to administer oaths and
8affirmations, certify to all official acts, issue subpoenas,
9compel the attendance and testimony of witnesses, and the
10production of papers, books, accounts and documents.
11    Hearings shall be held either by the Commission or by one
12or more commissioners or hearing examiners.
13    When any counselor or attorney who is not admitted to the
14practice of law in Illinois by unlimited or conditional
15admission, but who is at law, licensed in another any other
16state, or territory, or commonwealth of the United States, the
17District of Columbia, or a foreign country may desire to appear
18before the Commission, such counselor or attorney shall be
19allowed to appear before the Commission as provided in Supreme
20Court Rule 707 upon the same terms and in the same manner that
21counselors and attorneys at law licensed in this State now are
22or hereafter may be admitted to appear in such other state or
23territory before its Commission or equivalent body.
24    All evidence presented at hearings held by the Commission
25or under its authority shall become a part of the records of
26the Commission. In all cases in which the Commission bases any

 

 

09800HB4235ham002- 5 -LRB098 14541 RPS 55879 a

1action on reports of investigation or inquiries not conducted
2as hearings, such reports shall be made a part of the records
3of the Commission. All proceedings of the Commission and all
4documents and records in its possession shall be public
5records, except as in this Act otherwise provided.
6    To the extent consistent with this Section and the Illinois
7Administrative Procedure Act, the Commission may adopt
8reasonable and proper rules and regulations relative to the
9exercise of its powers, and proper rules to govern its
10proceedings, and regulate the mode and manner of all
11investigations and hearings, and alter and amend the same.
12(Source: P.A. 88-45.)".