Section 104.226  Amended Petition and Amended Recommendation

a)         The petitioner may amend the petition prior to the close of the hearing, if a hearing is held, or prior to the Board's decision, if a hearing is not held, by filing a motion under 35 Ill. Adm. Code 101.Subpart E.  Amended petitions subsequent to hearing will be accepted only with permission of the Board. Amended petitions must be in writing and filed with the Board and served in accordance with 35 Ill. Adm. Code 101.Subpart C.  If the petitioner substantively amends the petition, the filing of the amended petition recommences the decision period under Section 104.232.

b)         If the petitioner amends the petition, the Agency must file or give an amended recommendation in writing or orally at hearing, but in any event not later than 45 days after the filing of an amended petition.  The Agency may amend its recommendation even if the petitioner has not amended its petition. In such an instance, a recommendation may be amended prior to close of the hearing, if a hearing is held, or 40 days prior to the Board's decision date if a hearing is not held.  The petitioner may file a response to an Agency recommendation under Section 104.220.

c)         Written amendments to the petition or recommendation need not repeat the entire unchanged portion of the original filing provided that a sufficient portion of the original filing is repeated so that the context of the amendment is made clear.

(Source:  Amended at 41 Ill. Reg. 10049, effective July 5, 2017)