Illinois General Assembly - Full Text of Public Act 098-0895
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Public Act 098-0895


 

Public Act 0895 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0895
 
HB4235 EnrolledLRB098 14541 JWD 49309 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Civil Administrative Code of Illinois is
amended by adding Section 5-720 as follows:
 
    (20 ILCS 5/5-720 new)
    Sec. 5-720. Representation before departments by
out-of-state attorneys.
    (a) When any attorney who is not admitted to the practice
of law in Illinois by unlimited or conditional admission, but
who is licensed in another state, territory, or commonwealth of
the United States, the District of Columbia, or a foreign
country may desire to appear before a hearing officer,
administrative law judge, or other adjudicatory officer or body
of a department, such attorney shall be allowed to appear
before the same as provided in Illinois Supreme Court Rule 707.
    (b) Subject to the rulemaking provisions of the Illinois
Administrative Procedure Act, each department may adopt rules
to implement and administer this Section.
 
    Section 10. The Illinois Independent Tax Tribunal Act of
2012 is amended by changing Section 1-80 as follows:
 
    (35 ILCS 1010/1-80)
    Sec. 1-80. Representation.
    (a) Appearances in proceedings conducted by the Tax
Tribunal may be by the taxpayer or by an attorney admitted to
practice in this State. The Tax Tribunal may allow an attorney
who is not admitted to the practice of law in Illinois by
unlimited or conditional admission, but who is authorized to
practice or licensed in another state, territory, or
commonwealth of the United States, the District of Columbia, or
a foreign country any other jurisdiction of the United States
to appear and represent a taxpayer in proceedings before the
Tax Tribunal for a particular matter as provided in Illinois
Supreme Court Rule 707.
    (b) The Department of Revenue shall be represented by the
Attorney General in all proceedings before the Tax Tribunal.
(Source: P.A. 97-1129, eff. 8-28-12.)
 
    Section 15. The Public Utilities Act is amended by changing
Section 10-101 as follows:
 
    (220 ILCS 5/10-101)  (from Ch. 111 2/3, par. 10-101)
    Sec. 10-101. The Commission, or any commissioner or hearing
examiner designated by the Commission, shall have power to hold
investigations, inquiries and hearings concerning any matters
covered by the provisions of this Act, or by any other Acts
relating to public utilities subject to such rules and
regulations as the Commission may establish. In the conduct of
any investigation, inquiry or hearing the provisions of the
Illinois Administrative Procedure Act, including but not
limited to Sections 10-25 and 10-35 of that Act, shall be
applicable and the Commission's rules shall be consistent
therewith. Complaint cases initiated pursuant to any Section of
this Act, investigative proceedings and ratemaking cases shall
be considered "contested cases" as defined in Section 1-30 of
the Illinois Administrative Procedure Act, any contrary
provision therein notwithstanding. Any proceeding intended to
lead to the establishment of policies, practices, rules or
programs applicable to more than one utility may, in the
Commission's discretion, be conducted pursuant to either
rulemaking or contested case provisions, provided such choice
is clearly indicated at the beginning of such proceeding and
subsequently adhered to. No violation of this Section or the
Illinois Administrative Procedure Act and no informality in any
proceeding or in the manner of taking testimony before the
Commission, any commissioner or hearing examiner of the
Commission shall invalidate any order, decision, rule or
regulation made, approved, or confirmed by the Commission in
the absence of prejudice. All hearings conducted by the
Commission shall be open to the public.
    Each commissioner and every hearing examiner of the
Commission designated by it to hold any inquiry, investigation
or hearing, shall have the power to administer oaths and
affirmations, certify to all official acts, issue subpoenas,
compel the attendance and testimony of witnesses, and the
production of papers, books, accounts and documents.
    Hearings shall be held either by the Commission or by one
or more commissioners or hearing examiners.
    When any counselor or attorney who is not admitted to the
practice of law in Illinois by unlimited or conditional
admission, but who is at law, licensed in another any other
state, or territory, or commonwealth of the United States, the
District of Columbia, or a foreign country may desire to appear
before the Commission, such counselor or attorney shall be
allowed to appear before the Commission as provided in Supreme
Court Rule 707 upon the same terms and in the same manner that
counselors and attorneys at law licensed in this State now are
or hereafter may be admitted to appear in such other state or
territory before its Commission or equivalent body.
    All evidence presented at hearings held by the Commission
or under its authority shall become a part of the records of
the Commission. In all cases in which the Commission bases any
action on reports of investigation or inquiries not conducted
as hearings, such reports shall be made a part of the records
of the Commission. All proceedings of the Commission and all
documents and records in its possession shall be public
records, except as in this Act otherwise provided.
    To the extent consistent with this Section and the Illinois
Administrative Procedure Act, the Commission may adopt
reasonable and proper rules and regulations relative to the
exercise of its powers, and proper rules to govern its
proceedings, and regulate the mode and manner of all
investigations and hearings, and alter and amend the same.
(Source: P.A. 88-45.)

Effective Date: 1/1/2015