Full Text of HB4235 98th General Assembly
HB4235enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by adding Section 5-720 as follows: | 6 | | (20 ILCS 5/5-720 new) | 7 | | Sec. 5-720. Representation before departments by | 8 | | out-of-state attorneys. | 9 | | (a) When any attorney who is not admitted to the practice | 10 | | of law in Illinois by unlimited or conditional admission, but | 11 | | who is licensed in another state, territory, or commonwealth of | 12 | | the United States, the District of Columbia, or a foreign | 13 | | country may desire to appear before a hearing officer, | 14 | | administrative law judge, or other adjudicatory officer or body | 15 | | of a department, such attorney shall be allowed to appear | 16 | | before the same as provided in Illinois Supreme Court Rule 707. | 17 | | (b) Subject to the rulemaking provisions of the Illinois | 18 | | Administrative Procedure Act, each department may adopt rules | 19 | | to implement and administer this Section. | 20 | | Section 10. The Illinois Independent Tax Tribunal Act of | 21 | | 2012 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 | 4 | | Tribunal may be by the taxpayer or by an attorney admitted to | 5 | | practice in this State. The Tax Tribunal may allow an attorney | 6 | | who is not admitted to the practice of law in Illinois by | 7 | | unlimited or conditional admission, but who is authorized to | 8 | | practice or licensed in another state, territory, or | 9 | | commonwealth of the United States, the District of Columbia, or | 10 | | a foreign country any other jurisdiction of the United States | 11 | | to appear and represent a taxpayer in proceedings before the | 12 | | Tax Tribunal for a particular matter as provided in Illinois | 13 | | Supreme Court Rule 707 . | 14 | | (b) The Department of Revenue shall be represented by the | 15 | | Attorney 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 | 18 | | Section 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 | 21 | | examiner
designated by the Commission, shall have power to hold | 22 | | investigations,
inquiries and hearings concerning any matters | 23 | | covered by the provisions
of this Act, or by any other Acts | 24 | | relating to public utilities subject
to such rules and |
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| 1 | | regulations as the Commission may establish. In the
conduct of | 2 | | any investigation, inquiry or hearing the provisions of the
| 3 | | Illinois Administrative Procedure Act, including but not | 4 | | limited to Sections
10-25 and 10-35 of that Act, shall be | 5 | | applicable and the
Commission's rules shall be consistent | 6 | | therewith. Complaint cases initiated
pursuant to any Section of | 7 | | this Act, investigative proceedings and ratemaking
cases shall | 8 | | be considered "contested cases" as defined in Section 1-30 of | 9 | | the Illinois Administrative Procedure Act, any contrary | 10 | | provision
therein notwithstanding. Any proceeding intended to | 11 | | lead to the establishment
of policies, practices, rules or | 12 | | programs applicable to more than
one utility may, in the | 13 | | Commission's discretion, be conducted pursuant to
either | 14 | | rulemaking or contested case provisions, provided such choice | 15 | | is clearly
indicated at the beginning of such proceeding and | 16 | | subsequently adhered to. No
violation of this Section or the | 17 | | Illinois Administrative Procedure Act and no
informality in any | 18 | | proceeding or in the manner of taking testimony before the
| 19 | | Commission, any commissioner or hearing examiner of the | 20 | | Commission shall
invalidate any order, decision, rule or | 21 | | regulation made, approved, or confirmed
by the Commission in | 22 | | the absence of prejudice. All hearings conducted by the
| 23 | | Commission shall be open to the public.
| 24 | | Each commissioner and every hearing examiner of the | 25 | | Commission designated by
it to hold any inquiry, investigation | 26 | | or hearing, shall have the power to
administer oaths and |
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| 1 | | affirmations, certify to all official acts, issue
subpoenas, | 2 | | compel the attendance and testimony of witnesses, and the | 3 | | production
of papers, books, accounts and documents.
| 4 | | Hearings shall be held either by the Commission or by one | 5 | | or more
commissioners or hearing examiners.
| 6 | | When any counselor or attorney who is not admitted to the | 7 | | practice of law in Illinois by unlimited or conditional | 8 | | admission, but who is at law, licensed in another any other | 9 | | state , or
territory, or commonwealth of the United States, the | 10 | | District of Columbia, or a foreign country may desire to appear | 11 | | before the Commission, such counselor or
attorney shall be | 12 | | allowed to appear before the Commission as provided in Supreme | 13 | | Court Rule 707 upon the same
terms and in the same manner that | 14 | | counselors and attorneys at law licensed
in this State now are | 15 | | or hereafter may be admitted to appear in such other
state or | 16 | | territory before its Commission or equivalent body .
| 17 | | All evidence presented at hearings held by the Commission | 18 | | or under its
authority shall become a part of the records of | 19 | | the Commission. In all cases
in which the Commission bases any | 20 | | action on reports of investigation or
inquiries not conducted | 21 | | as hearings, such reports shall be made a part of the
records | 22 | | of the Commission. All proceedings of the Commission and all | 23 | | documents
and records in its possession shall be public | 24 | | records, except as in this Act
otherwise provided.
| 25 | | To the extent consistent with this Section and the Illinois | 26 | | Administrative
Procedure Act, the Commission may adopt |
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| 1 | | reasonable and proper rules and
regulations relative to the | 2 | | exercise of its powers, and proper rules to govern
its | 3 | | proceedings, and regulate the mode and manner of all | 4 | | investigations and
hearings, and alter and amend the same.
| 5 | | (Source: P.A. 88-45.)
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