Section 763.1130  Negotiated Agreement Approval Process

a)         A Negotiated Agreement meeting the requirements of Section 763.1120 shall be deemed filed on the third business day after it is electronically entered in the Commission's Negotiated Agreement Filing System ("Filed Date"), and shall be displayed on a public page of the Commission website with the Filed Date.

b)         If no Verified Petition contesting approval is timely filed pursuant to subsection (c), or if the Commission does not on its own motion initiate a proceeding for the purposes of determining approval, a Negotiated Agreement filed with the Commission shall, with no further Commission action, be approved pursuant to this Part 30 days after the Filed Date. The Negotiated Agreement shall thereafter be displayed as approved on the Commission's website.

c)         An interested party may, within 14 business days after the Filed Date, initiate a docketed proceeding by filing a Verified Petition seeking rejection of the Negotiated Agreement pursuant to the requirements of Section 763.110. Upon the timely filing of a Verified Petition pursuant to Section 763.110, or upon initiation by the Commission on its own motion of a docketed proceeding for the purposes of determining approval, the Commission's website will note that the Negotiated Agreement is the subject of a contested proceeding and indicate the appropriate docket number. When a docketed proceeding is established, the procedures of this Subpart will be suspended and the procedures of Subparts B through F of this Part shall apply to the docketed proceeding. Any party to the Negotiated Agreement shall have the right to pursue approval of the Negotiated Agreement in any such docketed proceeding. In a docketed proceeding, the parties to the Negotiated Agreement retain the burden of proof.

d)         If the party or parties seeking approval of a Negotiated Agreement choose to withdraw the agreement, they shall, prior to 30 days after the Filed Date, submit an electronic transmittal letter that meets all filing requirements of the Commission's Negotiated Agreement Filing System stating that they are withdrawing the request for approval of the Negotiated Agreement. The Commission's website will note that the Negotiated Agreement has been withdrawn.

(Source:  Added at 39 Ill. Reg. 4038, effective April 1, 2015)