PART 1203 EMPLOYEE BOARDS : Sections Listing

TITLE 92: TRANSPORTATION
CHAPTER III: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER a: COMMERCIAL TRANSPORTATION GENERALLY
PART 1203 EMPLOYEE BOARDS


AUTHORITY: Implementing Sections 18c-1301 through 18c-1304 and authorized by Section 18c-1202(9) of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1301 through 18c-1304 and 18c-1202(9)).

SOURCE: Adopted at 11 Ill. Reg. 16442, effective October 1, 1987.

 

Section 1203.10  Reservation of Powers to the Commission

 

The Commission reserves to itself for consideration and disposition:

 

a)         All rulemaking proceedings;

 

b)         All cases involving general rate increases;

 

c)         Appeals from employee board orders; and

 

c)         All other proceedings not specifically delegated by the Commission to the Board.

 

Section 1203.20  Employee Board Meetings

 

a)         All board meetings are public meetings.  Board meetings shall be conducted, and employee boards shall decide cases before them, in the same manner as meetings are conducted and decisions made by the Commission.  A majority of a board shall constitute a quorum for the transaction of business.

 

b)         Minutes of board meetings shall be retained and shall include the date, time and place of the meeting; the members of the board recorded as present or absent; and a general description of all matters proposed, discussed or decided, and a record of any votes taken (Ill. Rev. Stat. 1985, ch. 102, par. 42.06).  Minutes shall be prepared by the Board Secretary and shall be kept available for public inspection (See Illinois Freedom of Information Act, Ill. Rev. Stat. 1985, ch. 116, pars. 201 et seq.).

 

c)         To the extent that there are matters for a board's consideration, the board shall meet weekly at designated times in the Commission offices in Springfield.

 

Section 1203.30  Notice of Employee Board Meetings

 

a)         A board shall give public notice of the schedule of its regular meetings at the beginning of each calendar year.  This notice shall contain the dates, times and places of each meeting.  Public notice of any special meeting, rescheduled regular meeting, or of any reconvened meeting shall be given at least 24 hours before such meeting which notice shall also include the agenda for the meeting.  The public notice requirement for reconvened meetings shall not apply where the meeting is reconvened within 24 hours or an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agency (Ill. Rev. Stat. 1985, ch. 102, par. 42.02).

 

b)         The agenda for the regular meetings of a board shall be posted in an area of the Commission's offices or the buildings in which such offices are located, easily accessible to the public, as early as it is available but in no case less than 24 hours prior to its meeting.

 

Section 1203.40  Requests for Evidentiary Hearings

 

An application, petition, or motion (other than a motion for reconsideration) before a board may request either an evidentiary hearing or review solely on the record before the board.  If the motion does not contain an express request for an evidentiary hearing before a hearing examiner, the movant will be deemed to have waived any right to an evidentiary hearing and elected to limit the Board to review of the record.  If the motion requests relief from the board or in the alternative, an evidentiary hearing, the board shall either grant the relief or refer the matter for an evidentiary hearing before a hearing examiner.

 

Section 1203.50  Appeal Motions

 

a)         Authority to rule on motions.  Only the Commission shall have authority to grant an appeal of any action taken by an employee board.  For purposes of this subsection, appeals include motions for reconsideration, petitions to vacate, applications for reinstatement, and any other appeals which may be filed.

 

b)         Evidentiary hearing on motions.  A motion for reconsideration may request either an evidentiary hearing (hearing before a hearing examiner) or review solely on the record before the board.  If the motion does not contain an express request for evidentiary hearing, the movant will be deemed to have waived any right to an evidentiary hearing and elected to limit the Commission to review of the record.