TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS
SECTION 168.103 DEFINITIONS


 

Section 168.103  Definitions

 

"Agency" is the Illinois Environmental Protection Agency.

 

"APA" means the Illinois Administrative Procedure Act, (Ill. Rev. Stat. 1991, ch. 127, par. 1001 et seq.), [5 ILCS 100/1-1 et seq.].

 

"Business" includes business, profession, occupation, and/or calling of every king.

 

"Complainant" is a person who initiates an action requiring a contested case hearing.

 

"Contested Case" means an adjudicatory proceeding, not including rate making, rule-making, quasi-legislative, information or similar proceedings, in which the individual legal rights, duties or privileges of a party are required by law to be determined by an agency only after an opportunity for a hearing.  (Ill. Rev. Stat. 1983, ch. 127, par. 1003-02), [5 ILCS 100/1-30]. This does not include Agency procedures for permit hearings held pursuant to 35 Ill. Adm. Code 166.

 

"Director" is the Director of the Illinois Environmental Protection Agency.

 

"Hearing" is a hearing held after notice to interested persons or parties, which testimony is taken by oath or affirmation and a verbatim record of all testimony is kept.

 

"Hearing Officer" is a person duly designated as a Hearing Officer by the Director to preside over the hearing.

 

"Interested person" is any person who may be adversely affected by the outcome of a hearing.

 

"Intervenor" is a person who is permitted to intervene as provided for under Section 168.230 of these rules.

 

"Party" may be a complainant, respondent, or intervenor.

 

"Person" is any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, federal or state agency, or other legal entity, or their legal representative, agent or assigns.

 

"Respondent" is a person against whom a statement of noncompliance is filed or Notice directed.

 

"State" is the State of Illinois.