(625 ILCS 5/Ch 18C Sub 2 Art II heading) ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
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(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
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(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
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