Section 1235.10  Applicability

This Part applies to proceedings before the Independent Review Board ("Board") resulting from the filing of a motion for reconsideration or rehearing that does not request review by the person or board which made the initial decision.

Section 1235.15  Motions for Reconsideration or Rehearing

a)         Any party of record to an administrative proceeding before the Illinois Commerce Commission ("Commission") pursuant to the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1101 et seq.) may file a motion for reconsideration or rehearing.

b)         Motions for reconsideration or rehearing shall be filed with the Director of Processing of the Commission in one original and six copies, and a copy shall be sent to each party of record by the party filing the motion.

c)         The original of every motion for reconsideration or rehearing shall be signed by the party filing the same or by an officer, agent, or attorney therefore.

d)         A motion for reconsideration or rehearing must be filed within 30 days after service of the order, or of the action or inaction that is the subject of the motion for reconsideration or rehearing (Section 18c-2110(d) of the Law).  The motion must set forth specific grounds for modification or rescission of the order, or of the action or inaction that is the subject of the motion for reconsideration or rehearing (Section 18c-2110(e) of the Law).

Section 1235.20  Replies

a)         If a motion for reconsideration or rehearing is filed by a party to a proceeding, any other party to the proceeding may file a reply to the motion for reconsideration or rehearing.

b)         Any reply to a motion for reconsideration or rehearing must be filed with the Director of Processing in one original and six copies within ten calendar days of service of the motion for reconsideration or rehearing, and a copy shall be sent to each party of record by the party filing the reply.

c)         Any reply to a motion for reconsideration or rehearing shall set forth specific grounds for modification or rescission of the Commission's action or inaction, or shall set forth specific grounds in support of the Commission's action or inaction.

Section 1235.25  Docketing

a)         The Director of Processing shall cause motions for reconsideration or rehearing filed with him to be docketed and shall retain the original and forward all other copies of the motion for reconsideration or rehearing to the Secretary of the Board along with a copy of the order or action or inaction that is the subject of the motion for reconsideration or rehearing, if any.

b)         The Director of Processing shall retain the original of any reply to a motion for reconsideration or rehearing filed with him and shall forward all other copies to the Secretary of the Board.

Section 1235.30  Board Action

a)         The Board shall review all motions presented to it (Section 1204c(2)(c) of the Law).

b)         The Board may review the record of the proceeding (Section 1204c(2)(c) of the Law).  The Board will review the record if the order appealed and motion and any replies filed pursuant to Sections 1235.15 and 1235.20 do not provide a basis for the Board to render a decision.

c)         The Board shall recommend a decision by the Commission (Section 1204c(2)(c) of the Law).

d)         If a Board member dissents from the recommendation, any dissenting opinion supplied by the member shall be attached to the memorandum of recommendation (Section 18c-1204(2)(c) of the Law).  If a Board member concurs with the recommendation, any concurring opinion supplied by the member shall be attached to the memorandum of recommendation.

Section 1235.35  Oral Argument

a)         Requests for oral argument pursuant to Section 18c-1204c(2)(c) of the Law shall be made at the time of filing of a motion for reconsideration or rehearing or in a reply to a motion for reconsideration or rehearing, or the Board, on its own motion, may request that the parties participate in oral argument.  The Board will request oral argument if the Board is not able to render a decision without such oral argument by the parties.

b)         No party shall participate in oral argument without having filed a motion for reconsideration or rehearing or a reply.

Section 1235.40  Grants of Rehearing or Reconsideration

a)         If the Commission grants rehearing, the Secretary of the Board shall deliver the Board's memorandum of recommendation to the Review and Examination Section or its successors which shall rehear the case pursuant to the memorandum of recommendation and submit an order or amended order to the Commission.

b)         If the Commission grants reconsideration, the Board shall reconsider the case and submit an order or amended order to the Commission for its consideration.

Section 1235.45  Presumptions

Commission or Motor Carrier Employee Board orders, or the action or inaction of the Commission, Motor Carrier Employee Board or Commission staff shall be presumed to be correct, and the burden of proof upon all issues raised by a motion for reconsideration or rehearing shall be upon the party filing the motion.

Section 1235.50  Modification or Rescission

The Board shall not recommend that an order of the Commission or Motor Carrier Employee Board, or an action or inaction of the Commission, Motor Carrier Employee Board or Commission staff be modified or rescinded unless the Board finds that it is not supported by the manifest weight of evidence in the record before the Board or that there has been an error of law.

Section 1235.55  Open Meetings Act

All meetings of the Board shall be conducted pursuant to the provisions of the Open Meetings Act (Ill. Rev. Stat. 1987, ch. 102, pars. 41.01 et seq.)