Section 150.20  Definitions

            "Act" shall mean the Business Corporation Act of 1983 (Ill. Rev. Stat. 1991, ch. 32, par. 1.01 et seq.) [805 ILCS 5].

            "Applicant" or "Petitioner" is the party who, by written request seeks or applies for any relief from the Department under the provisions of the Business Corporation Act of 1983, or otherwise from any rule, regulation, order, or determination of the Office.

            "Contested case" means any adjudicatory proceeding conducted by the Office in which the legal rights, privileges, immunities, duties, or obligations of any person or party are required by law or regulation to be determined by the Secretary of State after an opportunity for a hearing.

            "Department" means the Department of Business Services of the Office of the Secretary of State of Illinois.

            "Director" means the Director or Acting Director of the Department.

            "Division" means the Corporation Division of the Department.

            "Hearing" means a proceeding conducted by the Department of Business Services of the Secretary of State in which the rights, privileges, immunities, duties or obligations of any person or party are required by law to be determined by the Secretary of State only after opportunity for a hearing.

            "Hearing Officer" means the presiding official(s) designated by the Department of Business Services of the Secretary of State to conduct a hearing or anyone designated by the Department of Business Services to hear evidence. The hearing officer must be admitted to practice law in the State of Illinois and must be a member in good standing of the Bar of Illinois.

            "Office" refers to the Office of the Secretary of State and not to any particular department, address, or location.

            "Party" means any person named or admitted as a participant in any hearing conducted pursuant to these rules, including the Office and Department.

            "Person" includes any individual, corporation, partnership, association, or firm legally capable of either seeking the action of the Office or being the subject of said action.

            "Respondent" means a person against whom a complaint or petition is filed, or who, by reason of interest in the subject matter of a petition or application or the relief sought therein, is made a respondent or to whom an order or complaint is directed by the Department initiating a proceeding.

(Source:  Amended at 17 Ill. Reg. 11571, effective July 15, 1993)