(20 ILCS 3960/4.2)
(Section scheduled to be repealed on December 31, 2029)
Ex parte communications.
(a) Except in the disposition of matters that agencies are authorized by law
to entertain or dispose of on an ex parte basis including, but not limited to
rulemaking, the State Board, any State Board member, employee, or a hearing
officer shall not engage in ex parte communication
in connection with the substance of any formally filed application for
a permit with any person or party or the representative of any party. This subsection (a) applies when the Board, member, employee, or hearing officer knows, or should know upon reasonable inquiry, that the application or exemption has been formally filed with the Board. Nothing in this Section shall prohibit staff members from providing technical assistance to applicants. Nothing in this Section shall prohibit staff from verifying or clarifying an applicant's information as it prepares the State Board Staff Report. Once an application for permit or exemption is filed and deemed complete, a written record of any communication between staff and an applicant shall be prepared by staff and made part of the public record, using a prescribed, standardized format, and shall be included in the application file.
(b) A State Board member or employee may communicate with other
members or employees and any State Board member or hearing
officer may have the aid and advice of one or more personal assistants.
(c) An ex parte communication received by the State Board, any State
Board member, employee, or a hearing officer shall be made a part of the record
matter, including all written communications, all written
responses to the communications, and a memorandum stating the substance of all
oral communications and all responses made and the identity of each person from
whom the ex parte communication was received.
(d) "Ex parte communication" means a communication between a person who is
not a State Board member or employee and a
State Board member or
that reflects on the substance of a pending or impending State Board proceeding and that
place outside the record of the proceeding. Communications regarding matters
of procedure and practice, such as the format of pleading, number of copies
required, manner of service, and status of proceedings, are not considered ex
parte communications. Technical assistance with respect to an application, not
intended to influence any decision on the application, may be provided by
employees to the applicant. Any assistance shall be documented in writing by
the applicant and employees within 10 business days after the assistance is
(e) For purposes of this Section, "employee" means
a person the State Board or the Agency employs on a full-time, part-time,
contract, or intern
(f) The State Board, State Board member, or hearing examiner presiding
over the proceeding, in the event of a violation of this Section, must take
whatever action is necessary to ensure that the violation does not prejudice
any party or adversely affect the fairness of the proceedings.
(g) Nothing in this Section shall be construed to prevent the State Board or
any member of the State Board from consulting with the attorney for the State
(Source: P.A. 100-518, eff. 6-1-18; 100-681, eff. 8-3-18; 101-81, eff. 7-12-19.)