(220 ILCS 5/10-103) (from Ch. 111 2/3, par. 10-103)
Sec. 10-103. In all proceedings, investigations or hearings conducted by
the Commission, except in the disposition of matters which the Commission
is authorized to entertain or dispose of on an ex parte basis, any finding,
decision or order made by the Commission shall be based exclusively on the
record for decision in the case, which shall include only the transcript of
testimony and exhibits together with all papers and requests filed in the
proceeding, including, in contested cases, the documents and information
described in Section 10-35 of the Illinois Administrative Procedure Act.
The provisions of Section 10-60 of the Illinois Administrative
Procedure Act shall apply in full to Commission proceedings, including
ratemaking cases, any provision of the Illinois Administrative Procedure Act to
the contrary notwithstanding. The provisions of Section 10-60 shall
not apply, however, to communications between Commission employees who are
engaged in investigatory, prosecutorial or advocacy functions and other parties
to the proceeding, provided that such Commission employees are still prohibited
from communicating on an ex parte basis, as designated in Section 10-60,
directly or indirectly, with members of the Commission, any administrative law judge in
the proceeding, or any Commission employee who is or may reasonably be expected
to be involved in the decisional process of the proceeding. Any commissioner, administrative law judge, or other person who is
or may reasonably be expected to be involved in the decisional process of a
proceeding, who receives, or who makes or knowingly causes to be made, a
communication prohibited by this Section or Section 10-60 of the Illinois
Administrative Procedure Act as modified by this Section, shall place on the
public record of the proceeding (1) any and all such written communications;
(2) memoranda stating the substance of any and all such oral communications;
and (3) any and all written responses and memoranda stating the substance
of any and all oral responses to the materials described in clauses (1)
and (2).
The Commission, or any commissioner or administrative law judge presiding over
the proceeding, shall in the event of a violation of this Section, take
whatever action is necessary to ensure that such violation does not
prejudice any party or adversely affect the fairness of the proceedings, including dismissing the affected matter.
(Source: P.A. 100-840, eff. 8-13-18.)
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