State of Illinois
92nd General Assembly
Legislation

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92_HB5546

 
                                               LRB9212253LBpr

 1        AN ACT concerning environmental protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Section 26 as follows:

 6        (415 ILCS 5/26) (from Ch. 111 1/2, par. 1026)
 7        Sec.  26.  Procedural  rules;  adoption.    The Board may
 8    adopt such procedural rules as may be necessary to accomplish
 9    the purposes of this Act.  In adopting such rules  the  Board
10    shall  follow  the  rulemaking  procedures  of  the  Illinois
11    Administrative Procedure Act.
12        Without   limiting   the  generality  of  this  grant  of
13    authority, and notwithstanding any requirement that  hearings
14    be  held  in actions brought pursuant to Titles VIII and X of
15    the Act, the Board may adopt procedural rules for  resolution
16    of  such  actions  by  summary judgment prior to hearing upon
17    motion by  either  party  except  as  otherwise  required  by
18    federal  law,  as  well  as  procedural  rules  requiring the
19    parties to perfect their pleadings to conform to the evidence
20    as presented to the Board.
21    (Source: P.A. 85-1048.)

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