Full Text of HB4235 98th General Assembly
HB4235ham002 98TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 2/20/2014
| | 09800HB4235ham002 | | LRB098 14541 RPS 55879 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4235
| 2 | | AMENDMENT NO. ______. Amend House Bill 4235 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by adding Section 5-720 as follows: | 6 | | (20 ILCS 5/5-720 new) | 7 | | Sec. 5-720. Representation before departments by | 8 | | out-of-state attorneys. | 9 | | (a) When any attorney who is not admitted to the practice | 10 | | of law in Illinois by unlimited or conditional admission, but | 11 | | who is licensed in another state, territory, or commonwealth of | 12 | | the United States, the District of Columbia, or a foreign | 13 | | country may desire to appear before a hearing officer, | 14 | | administrative law judge, or other adjudicatory officer or body | 15 | | of a department, such attorney shall be allowed to appear | 16 | | before the same as provided in Illinois Supreme Court Rule 707. |
| | | 09800HB4235ham002 | - 2 - | LRB098 14541 RPS 55879 a |
|
| 1 | | (b) Subject to the rulemaking provisions of the Illinois | 2 | | Administrative Procedure Act, each department may adopt rules | 3 | | to implement and administer this Section. | 4 | | Section 10. The Illinois Independent Tax Tribunal Act of | 5 | | 2012 is amended by changing Section 1-80 as follows: | 6 | | (35 ILCS 1010/1-80)
| 7 | | Sec. 1-80. Representation. | 8 | | (a) Appearances in proceedings conducted by the Tax | 9 | | Tribunal may be by the taxpayer or by an attorney admitted to | 10 | | practice in this State. The Tax Tribunal may allow an attorney | 11 | | who is not admitted to the practice of law in Illinois by | 12 | | unlimited or conditional admission, but who is authorized to | 13 | | practice or licensed in another state, territory, or | 14 | | commonwealth of the United States, the District of Columbia, or | 15 | | a foreign country any other jurisdiction of the United States | 16 | | to appear and represent a taxpayer in proceedings before the | 17 | | Tax Tribunal for a particular matter as provided in Illinois | 18 | | Supreme Court Rule 707 . | 19 | | (b) The Department of Revenue shall be represented by the | 20 | | Attorney General in all proceedings before the Tax Tribunal.
| 21 | | (Source: P.A. 97-1129, eff. 8-28-12.) | 22 | | Section 15. The Public Utilities Act is amended by changing | 23 | | Section 10-101 as follows:
|
| | | 09800HB4235ham002 | - 3 - | LRB098 14541 RPS 55879 a |
|
| 1 | | (220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
| 2 | | Sec. 10-101.
The Commission, or any commissioner or hearing | 3 | | examiner
designated by the Commission, shall have power to hold | 4 | | investigations,
inquiries and hearings concerning any matters | 5 | | covered by the provisions
of this Act, or by any other Acts | 6 | | relating to public utilities subject
to such rules and | 7 | | regulations as the Commission may establish. In the
conduct of | 8 | | any investigation, inquiry or hearing the provisions of the
| 9 | | Illinois Administrative Procedure Act, including but not | 10 | | limited to Sections
10-25 and 10-35 of that Act, shall be | 11 | | applicable and the
Commission's rules shall be consistent | 12 | | therewith. Complaint cases initiated
pursuant to any Section of | 13 | | this Act, investigative proceedings and ratemaking
cases shall | 14 | | be considered "contested cases" as defined in Section 1-30 of | 15 | | the Illinois Administrative Procedure Act, any contrary | 16 | | provision
therein notwithstanding. Any proceeding intended to | 17 | | lead to the establishment
of policies, practices, rules or | 18 | | programs applicable to more than
one utility may, in the | 19 | | Commission's discretion, be conducted pursuant to
either | 20 | | rulemaking or contested case provisions, provided such choice | 21 | | is clearly
indicated at the beginning of such proceeding and | 22 | | subsequently adhered to. No
violation of this Section or the | 23 | | Illinois Administrative Procedure Act and no
informality in any | 24 | | proceeding or in the manner of taking testimony before the
| 25 | | Commission, any commissioner or hearing examiner of the |
| | | 09800HB4235ham002 | - 4 - | LRB098 14541 RPS 55879 a |
|
| 1 | | Commission shall
invalidate any order, decision, rule or | 2 | | regulation made, approved, or confirmed
by the Commission in | 3 | | the absence of prejudice. All hearings conducted by the
| 4 | | Commission shall be open to the public.
| 5 | | Each commissioner and every hearing examiner of the | 6 | | Commission designated by
it to hold any inquiry, investigation | 7 | | or hearing, shall have the power to
administer oaths and | 8 | | affirmations, certify to all official acts, issue
subpoenas, | 9 | | compel the attendance and testimony of witnesses, and the | 10 | | production
of papers, books, accounts and documents.
| 11 | | Hearings shall be held either by the Commission or by one | 12 | | or more
commissioners or hearing examiners.
| 13 | | When any counselor or attorney who is not admitted to the | 14 | | practice of law in Illinois by unlimited or conditional | 15 | | admission, but who is at law, licensed in another any other | 16 | | state , or
territory, or commonwealth of the United States, the | 17 | | District of Columbia, or a foreign country may desire to appear | 18 | | before the Commission, such counselor or
attorney shall be | 19 | | allowed to appear before the Commission as provided in Supreme | 20 | | Court Rule 707 upon the same
terms and in the same manner that | 21 | | counselors and attorneys at law licensed
in this State now are | 22 | | or hereafter may be admitted to appear in such other
state or | 23 | | territory before its Commission or equivalent body .
| 24 | | All evidence presented at hearings held by the Commission | 25 | | or under its
authority shall become a part of the records of | 26 | | the Commission. In all cases
in which the Commission bases any |
| | | 09800HB4235ham002 | - 5 - | LRB098 14541 RPS 55879 a |
|
| 1 | | action on reports of investigation or
inquiries not conducted | 2 | | as hearings, such reports shall be made a part of the
records | 3 | | of the Commission. All proceedings of the Commission and all | 4 | | documents
and records in its possession shall be public | 5 | | records, except as in this Act
otherwise provided.
| 6 | | To the extent consistent with this Section and the Illinois | 7 | | Administrative
Procedure Act, the Commission may adopt | 8 | | reasonable and proper rules and
regulations relative to the | 9 | | exercise of its powers, and proper rules to govern
its | 10 | | proceedings, and regulate the mode and manner of all | 11 | | investigations and
hearings, and alter and amend the same.
| 12 | | (Source: P.A. 88-45.)".
|
|