(620 ILCS 5/71) (from Ch. 15 1/2, par. 22.71)
Sec. 71.
Suspension of orders pending judicial review.
(a) The pendency of judicial review shall not of itself stay or suspend
the
operation of the rule, ruling, regulation, order or decision of the
Department, but during the pendency of such review the circuit court, in its
discretion may stay or suspend, in whole or in part, the operation of the
Department's rule, ruling, regulation, order or decision.
(b) No order so staying or suspending a rule, ruling, regulation, order
or
decision of the Department shall be made by the circuit court otherwise
than upon 3 days' notice to the Department and after a hearing, and if the
rule, ruling, regulation, order or decision of the Department 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, ruling, regulation, order or decision of the
Department is stayed or suspended, the order of the circuit court shall not
become effective until a suspending bond shall first have been executed and
filed with and approved by the Department (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, ruling, regulation order or decision of the Department in case
the rule, ruling, regulation, order or decision is sustained. However, no
bond shall be required in the case of any stay or suspension granted on
application of any body politic, municipality or other political
subdivision.
(Source: P.A. 92-341, eff. 8-10-01.)
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