Full Text of HB4235 98th General Assembly
HB4235 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4235 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/10-101 | from Ch. 111 2/3, par. 10-101 |
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Amends the Public Utilities Act. Provides that attorneys licensed another state, territory, or commonwealth of the United States, or a foreign country may appear before the Commerce Commission as provided in Illinois Supreme Court Rule 707.
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| | A BILL FOR |
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| | | HB4235 | | LRB098 14541 JWD 49309 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 10-101 as follows:
| 6 | | (220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
| 7 | | Sec. 10-101.
The Commission, or any commissioner or hearing | 8 | | examiner
designated by the Commission, shall have power to hold | 9 | | investigations,
inquiries and hearings concerning any matters | 10 | | covered by the provisions
of this Act, or by any other Acts | 11 | | relating to public utilities subject
to such rules and | 12 | | regulations as the Commission may establish. In the
conduct of | 13 | | any investigation, inquiry or hearing the provisions of the
| 14 | | Illinois Administrative Procedure Act, including but not | 15 | | limited to Sections
10-25 and 10-35 of that Act, shall be | 16 | | applicable and the
Commission's rules shall be consistent | 17 | | therewith. Complaint cases initiated
pursuant to any Section of | 18 | | this Act, investigative proceedings and ratemaking
cases shall | 19 | | be considered "contested cases" as defined in Section 1-30 of | 20 | | the Illinois Administrative Procedure Act, any contrary | 21 | | provision
therein notwithstanding. Any proceeding intended to | 22 | | lead to the establishment
of policies, practices, rules or | 23 | | programs applicable to more than
one utility may, in the |
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| 1 | | Commission's discretion, be conducted pursuant to
either | 2 | | rulemaking or contested case provisions, provided such choice | 3 | | is clearly
indicated at the beginning of such proceeding and | 4 | | subsequently adhered to. No
violation of this Section or the | 5 | | Illinois Administrative Procedure Act and no
informality in any | 6 | | proceeding or in the manner of taking testimony before the
| 7 | | Commission, any commissioner or hearing examiner of the | 8 | | Commission shall
invalidate any order, decision, rule or | 9 | | regulation made, approved, or confirmed
by the Commission in | 10 | | the absence of prejudice. All hearings conducted by the
| 11 | | Commission shall be open to the public.
| 12 | | Each commissioner and every hearing examiner of the | 13 | | Commission designated by
it to hold any inquiry, investigation | 14 | | or hearing, shall have the power to
administer oaths and | 15 | | affirmations, certify to all official acts, issue
subpoenas, | 16 | | compel the attendance and testimony of witnesses, and the | 17 | | production
of papers, books, accounts and documents.
| 18 | | Hearings shall be held either by the Commission or by one | 19 | | or more
commissioners or hearing examiners.
| 20 | | When any counselor or attorney at law, licensed in another | 21 | | any other state , or
territory , or commonwealth of the United | 22 | | States, in the District of Columbia, or in a foreign country , | 23 | | may desire to appear before the Commission, such counselor or
| 24 | | attorney shall be allowed to appear before the Commission as | 25 | | provided in Supreme Court Rule 707 upon the same
terms and in | 26 | | the same manner that counselors and attorneys at law licensed
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| 1 | | in this State now are or hereafter may be admitted to appear in | 2 | | such other
state or territory before its Commission or | 3 | | equivalent body .
| 4 | | All evidence presented at hearings held by the Commission | 5 | | or under its
authority shall become a part of the records of | 6 | | the Commission. In all cases
in which the Commission bases any | 7 | | action on reports of investigation or
inquiries not conducted | 8 | | as hearings, such reports shall be made a part of the
records | 9 | | of the Commission. All proceedings of the Commission and all | 10 | | documents
and records in its possession shall be public | 11 | | records, except as in this Act
otherwise provided.
| 12 | | To the extent consistent with this Section and the Illinois | 13 | | Administrative
Procedure Act, the Commission may adopt | 14 | | reasonable and proper rules and
regulations relative to the | 15 | | exercise of its powers, and proper rules to govern
its | 16 | | proceedings, and regulate the mode and manner of all | 17 | | investigations and
hearings, and alter and amend the same.
| 18 | | (Source: P.A. 88-45.)
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