(220 ILCS 5/10-204) (from Ch. 111 2/3, par. 10-204)
Sec. 10-204.
(a) The pendency of an appeal shall not of itself stay or
suspend the operation of the rule, regulation, order or decision of the
Commission, but during the pendency of the appeal the reviewing court may
in its discretion stay or suspend, in whole or in part, the operation of
the Commission's rule, regulation, order or decision.
Any stocks or stock certificates, bonds, notes, or other evidence of
indebtedness issued pursuant to and in accordance with an order of the
Commission shall be valid and binding in accordance with their terms
notwithstanding such order of the Commission is later vacated, modified, or
otherwise held to be wholly or partly invalid unless operation of such order
of the Commission has been stayed or suspended by the
reviewing court prior to such issuance.
(b) No order so staying or suspending a rule, regulation, order or decision
of the Commission shall be made by the court otherwise than upon 3 days'
notice to the Commission and after a hearing, and if the rule, regulation,
order or decision of the Commission is suspended, the order suspending the
same shall contain a specific finding based upon evidence submitted to the
court, and identified by reference thereto, that great or irreparable
damage would otherwise result to the petitioner, and specifying the nature
of the damage.
(c) In case the rule, regulation, order or decision of the Commission is
stayed or suspended, the order of the court shall not become effective
until a suspending bond shall first have been executed and filed with, and
approved by the Commission (or approved, on review, by the court) payable
to the people of the State of Illinois, and sufficient in amount and
security to insure the prompt payment, by the party petitioning for the
review, of all damages caused by the delay in the enforcement of the rule,
regulation, order or decision of the Commission, and of all moneys which
any person or corporation may be compelled to pay, pending the review
proceedings, for transportation, transmission, product, commodity or
service in excess of the charges fixed by the rule, regulation, order or
decision of the Commission, in case said rule, regulation, order or
decision is sustained. However, no bond shall be required in the case of
any stay or suspension granted on application of the State or people of the
State, represented by the Attorney General or Public Counsel, or of any
city or other governmental body. The court in case it stays or suspends the
rule, regulation, order or
decision of the Commission in any manner affecting rates or other charges or
classifications, may in its discretion, also by order direct the public
utility affected to pay into court, from time to time thereto to be
impounded until the final decision of the case or into some bank or trust
company paying interest on deposits, under such conditions as the court may
prescribe, all sums of money which it may collect from any corporation or
person in excess of the sum such corporation or person would have been
compelled to pay if the rule, regulation, order or decision of the
Commission had not been stayed or suspended.
(d) When any rate or other charge has been in force for any length of time
exceeding one year, and that rate or other charge is advanced by the public
utility and the order of the Commission reinstates that prior rate or
other charge, in whole or in part, no suspending order shall be allowed in
any case from the reinstating order pending the final determination of the
case in the reviewing court, pending the final determination
by such reviewing court.
(Source: P.A. 100-840, eff. 8-13-18.)
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