Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 430/5-50

(5 ILCS 430/5-50)

Sec. 5-50. Ex parte communications; special government agents.

(a) This Section applies to ex
parte communications made to any agency listed in subsection (e).

(b) "Ex parte communication" means any written or oral communication by any
person
that imparts or requests material
information
or makes a material argument regarding
potential action concerning regulatory, quasi-adjudicatory, investment, or
licensing
matters pending before or under consideration by the agency.
"Ex parte
communication" does not include the following: (i) statements by
a person publicly made in a public forum; (ii) statements regarding
matters of procedure and practice, such as format, the
number of copies required, the manner of filing, and the status
of a matter; and (iii) statements made by a
State employee of the agency to the agency head or other employees of that
agency.

(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party or
his or her official representative or attorney shall promptly be
memorialized and made a part of the record.

(c) An ex parte communication received by any agency, agency head, or
other agency
employee, other than an ex parte communication described in subsection (b-5),
shall immediately be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency who responds to
the communication.  The ethics officer shall require that the ex parte
communication
be promptly made a part of the record.  The ethics officer shall promptly
file the ex parte communication with the
Executive Ethics Commission, including all written
communications, all written responses to the communications, and a memorandum
prepared by the ethics officer stating the nature and substance of all oral
communications, the identity and job title of the person to whom each
communication was made,
all responses made, the identity and job title of the person making each
response,
the identity of each person from whom the written or oral ex parte
communication was received, the individual or entity represented by that
person, any action the person requested or recommended, and any other pertinent
information.
The disclosure shall also contain the date of any
ex parte communication.

(d) "Interested party" means a person or entity whose rights,
privileges, or interests are the subject of or are directly affected by
a regulatory, quasi-adjudicatory, investment, or licensing matter.
For purposes of an ex parte communication received by either the Illinois Commerce Commission or the Illinois Power Agency, "interested party" also includes: (1) an organization comprised of 2 or more businesses, persons, nonprofit entities, or any combination thereof, that are working in concert to advance public policy advocated by the organization, or (2) any party selling renewable energy resources procured by the Illinois Power Agency pursuant to Section 16-111.5 of the Public Utilities Act and Section 1-75 of the Illinois Power Agency Act.

(e) This Section applies to the following agencies:

Executive Ethics Commission

Illinois Commerce Commission

Illinois Power Agency
Educational Labor Relations Board

State Board of Elections

Illinois Gaming Board

Health Facilities and Services Review Board

Illinois Workers' Compensation Commission

Illinois Labor Relations Board

Illinois Liquor Control Commission

Pollution Control Board

Property Tax Appeal Board

Illinois Racing Board

Illinois Purchased Care Review Board

Illinois State Police Merit Board

Motor Vehicle Review Board

Prisoner Review Board

Civil Service Commission

Personnel Review Board for the Treasurer

Merit Commission for the Secretary of State

Merit Commission for the Office of the Comptroller
Court of Claims

Board of Review of the Department of Employment Security

Department of Insurance

Department of Professional Regulation and licensing boards

under the Department

Department of Public Health and licensing boards under the

Department

Office of Banks and Real Estate and licensing boards under

the Office
State Employees Retirement System Board of Trustees

Judges Retirement System Board of Trustees

General Assembly Retirement System Board of Trustees

Illinois Board of Investment

State Universities Retirement System Board of Trustees

Teachers Retirement System Officers Board of Trustees

(f) Any person who fails to (i) report an ex parte communication to an
ethics officer, (ii) make information part of the record, or (iii) make a
filing
with the Executive Ethics Commission as required by this Section or as required
by
Section 5-165 of the Illinois Administrative Procedure Act violates this Act.

(Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)