Section 101.627  Electronic Filing of Hearing Exhibits After Adjudicatory or TLWQS Hearing

a)         Scope.  After an adjudicatory or TLWQS hearing, an accurate reproduction of each exhibit offered for admission at the hearing must be electronically filed through COOL under Subpart J by the party or participant who offered the exhibit, unless the hearing officer determines that it is not practicable for the offering party or participant to do so. 

1)         This electronic filing requirement:

A)        Applies regardless of whether the hearing exhibit was admitted by the hearing officer; and

B)        Does not apply to a hearing exhibit that contains information claimed or determined to be a trade secret or other nondisclosable information under 35 Ill. Adm. Code 130, but it does apply to the version of the exhibit that is redacted under 35 Ill. Adm. Code 130.

2)         When practicable, the offering party or participant must:

A)        Reduce an oversized hearing exhibit to conform to or be formatted to print on 8½ x 11-inch paper; and

B)        Electronically file the version of the oversized exhibit reduced under subsection (a)(2)(A).

b)         Timing.  The offering party or participant must comply with subsection (a) within five days after the last day of the hearing at which the exhibit was offered.  Upon good cause shown, the hearing officer may extend this deadline. 

c)         Certification.  The electronic filing under subsection (a) must include a certification in which the offering party or participant certifies that each hearing exhibit being filed is an accurate reproduction of the corresponding exhibit offered at the hearing.

d)         Exhibit Number.  The offering party or participant must mark each hearing exhibit electronically filed under subsection (a) with the number assigned to that exhibit by the hearing officer.

e)         Form.  Each hearing exhibit electronically filed under subsection (a) must comply with Section 101.1030, except as follows:

1)         The exhibit must, to the extent technically feasible, be in a text-searchable format; and 

2)         Multiple exhibits may be filed as a single electronic file, subject to the size limit of Section 101.1030(c). 

f)         Service.  The offering party or participant must serve the other parties or participants and the hearing officer with its notice of filing the hearing exhibits under subsection (a).  (See Section 101.302(b)(3).)  The offering party or participant is not required to serve the hearing exhibits, unless the hearing officer orders otherwise.

g)         Objection and Response

1)         No later than five days after the offering party or participant files a hearing exhibit under subsection (a), any other party or participant may file an objection but only to allege that the filed exhibit is not an accurate reproduction of the exhibit offered at the hearing.  Each hearing exhibit filed under this Section will be promptly posted to COOL by the Clerk's Office. 

2)         No later than five days after being served with an objection under subsection (g)(1), the offering party or participant may file a response to the objection. 

3)         Upon good cause shown or to avoid undue delay, the hearing officer may modify one or both deadlines under this subsection (g).

(Source:  Added at 43 Ill. Reg. 9674, effective August 22, 2019)