(620 ILCS 5/64) (from Ch. 15 1/2, par. 22.64)
Sec. 64.
Power
to change rules, rulings, regulations, decisions and orders; rehearings.
Anything in the laws of this State pertaining to aeronautics to the
contrary notwithstanding, the Department may at any time amend, change,
abrogate or rescind any rule, ruling, regulation, decision or order made by
it: provided, that when such rule, ruling, regulation, order or decision,
sought to be so amended, changed, abrogated or rescinded, was prescribed or
issued by requirement of law, after notice and an opportunity to be heard,
the Department shall give notice and an opportunity to be heard to the
persons, municipalities, or other political subdivisions to be affected
thereby, before making such amendment, change, abrogation or rescission
thereof. Any order amending, changing, abrogating or rescinding a prior
rule, ruling, regulation, order, or decision shall, when served upon the
persons, municipalities, and other political subdivisions affected, have
the same effect as is herein provided for original rules, rulings,
regulations, orders and decisions. Within thirty days after the service of
any rule, ruling, regulation, order or decision of the Department, any
party to the action or proceeding, or other persons, municipalities or
political subdivisions affected, may apply for a rehearing of said rule,
ruling, regulation, order or decision in respect to any matter connected
therewith, specified in the application for rehearing. The Department shall
receive and consider such application and shall grant or deny the same
within twenty days from the date of the receipt thereof by the Department.
In case the application for rehearing is granted, the Department shall
proceed as promptly as possible to consider the matters presented by such
application. No appeal shall be allowed from any rule, ruling, regulation,
order or decision of the Department unless and until an application for a
rehearing thereof shall first have been filed with and acted upon by the
Department.
No person, municipality or other political subdivision in any appeal
shall urge or rely upon any grounds not set forth in such application for
rehearing before the Department. An application for rehearing shall not
excuse any person, municipality or other political subdivision from
complying with and obeying any rule, ruling, regulation, order or decision
of the Department, or any requirement contained therein, theretofore made,
or operate in any manner to stay or postpone the enforcement thereof,
except in such cases and upon such terms as the Department may by order
direct. If, after such rehearing and consideration of all the facts,
including those arising since the making of the rule, ruling, regulation,
order or decision, the Department shall be of the opinion that the original
rule, ruling, regulation, order or decision, or any part thereof, is in any
respect unjust or unwarranted or should be changed, the Department may
amend, change, abrogate or rescind the same. A rule, ruling, regulation,
order or decision made after such rehearing, amending, changing,
abrogating, or rescinding the original rule, ruling, regulation, order or
decision, shall have the same force and effect as the original rule,
ruling, regulation, order or decision, but shall not affect any right or
the enforcement of any right arising from or by virtue of the original
rule, ruling, regulation, order or decision unless so ordered by the
Department.
Only one rehearing shall be granted by the Department, but this shall
not be construed to prevent any person, municipality or other political
subdivision from filing a petition setting up a new and different state of
facts after two years, and invoking the action of the Department thereon.
(Source: Laws 1945, p. 335.)
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