TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.20 DEVIATION FROM THIS PART
Section 761.20 Deviation
from this Part
To the extent permitted by law,
including Article 10 of the Illinois Administrative Procedure Act [5 ILCS
100/Art. 10] any provision of this Part may be waived, suspended or modified by
the Commission or an Examiner, either upon their own motion or upon motion by
any person.
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.30 DEFINITIONS
Section 761.30 Definitions
Unless otherwise defined, the
following terms as used in this Part shall have the following meanings:
"Commissioner" means a member of the Commission.
"Documents" means petitions, responses, amended and
supplemental petitions, written discovery, responses to discovery, verified
statements, verified exhibits, depositions, motions, responses, replies,
notices, proposed arbitration decisions, exceptions to Hearing Examiners'
proposed arbitration decisions, briefs, draft proposed arbitration decisions,
and similar writings.
"e-Docket" means a Web based electronic filing
system that allows electronic filing, management, and access to electronic
records that make up case files.
"Electronic" includes electrical, digital,
magnetic, optical, electromagnetic, or any other form of technology that
entails capabilities similar to these technologies. [220 ILCS 5/3-122]
"Electronic document" means a pleading or a
document transmitted by electronic means to the Commission with an electronic
signature attached.
"Electronic record" means a record generated,
communicated, received, or stored by electronic means for use in an information
system or for transmission from one information system to another. [5 ILCS
175/5-105]
"Electronic signature" means a signature in
electronic form issued by the Commission pursuant to Section 761.1020 and
consisting of a user I.D. and password attached to or logically associated with
an electronic document.
"E-mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may be sent or
delivered. [815 ILCS 511/5]
"Hearing Examiner" means a person employed by the
Commission under Section 2-106 of the Public Utilities Act, who is assigned to
conduct arbitration proceedings pursuant to Section 252 of the Communications
Act of 1934 (47 USC 252). A Commissioner may also serve as a Hearing Examiner
for purposes of this Part.
"Party" means any person who initiates a Commission
proceeding by filing a petition for arbitration or a person entitled to file a
response to a petition for arbitration pursuant to Section 252(b)(3) of the
Communications Act of 1934. Staff is not a party but shall have the specific
rights and duties of parties as enumerated in this Part. No other person shall
be granted party status or be allowed to intervene.
"Person" means any individual, partnership,
corporation, governmental body or unincorporated association.
"Petitioner" means a party who, by petition,
applies for or seeks relief through arbitration pursuant to Section 252(b) of
the Communications Act of 1934.
"Pleading" means any petition, motion, reply or
response filed with the Commission in an arbitration proceeding.
"Respondent" means a party against whom a petition
is filed.
"Staff" or "Commission Staff" means
individuals employed by the Commission. For purposes of this Part, a Hearing
Examiner is not considered a member of the Commission Staff.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.40 AUTHORITY OF HEARING EXAMINER
Section 761.40 Authority of
Hearing Examiner
a) The Hearing Examiner shall have authority over the conduct of
an arbitration and the responsibility for submission of the matter to the
Commission for decision. The Hearing Examiner shall have those duties and
powers necessary to these ends, including the following:
1) To conduct arbitration hearings and pre-hearing conferences;
2) To direct parties to serve verified statements and exhibits
and establish a date certain for service;
3) To conduct discovery of the parties;
4) To supervise all or any part of any discovery procedure;
5) To administer oaths and affirmations;
6) To ensure that the arbitration is conducted in a full, fair
and impartial manner, that order is maintained and that unnecessary delay is
avoided in the disposition of the proceedings;
7) To examine witnesses and allow parties to examine an adverse
party or agent;
8) To rule upon all matters which do not result in the final
determination of the proceeding;
9) To call upon any person at any stage of the arbitration
proceeding to produce witnesses or information that is material and relevant to
any issue;
10) To issue proposed arbitration decisions pursuant to Section
761.420 of this Part; and
11) To issue protective orders in accordance with 83 Ill. Adm.
Code 761.240 of this Part.
b) Any party who fails to comply with an order of the Hearing
Examiner may be limited in its presentation of information during the
arbitration proceeding.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.50 FEDERAL PREEMPTION OF STATE COURT REVIEW
Section 761.50 Federal
Preemption of State Court Review
No State court shall have
jurisdiction to review the action of the Commission in approving or rejecting
an agreement under Section 252 of the Communications Act of 1934.
SUBPART B: FORM, FILING AND SERVICE OF DOCUMENTS
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.100 COMMUNICATIONS TO THE COMMISSION
Section 761.100
Communications to the Commission
All paper documents to be filed
with or submitted to the Commission shall be addressed to: The Chief Clerk,
Illinois Commerce Commission, 527 East Capitol Avenue, Springfield, Illinois
62701. All formal paper communications and documents are deemed to be
officially filed or submitted only when delivered to the principal office of
the Commission. The Chief Clerk is the official custodian of all Commission
records.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.105 FORM OF PLEADINGS AND DOCUMENTS
Section 761.105 Form of
Pleadings and Documents
a) All pleadings and documents filed with the Commission shall be
typewritten or printed on white paper 8½ inches by 11 inches or capable of
being printed on paper 8½ inches by 11 inches and shall have inside text
margins of not less than one inch. An optional heading consisting of the
docket number and document title shall be placed in the upper right-hand corner
and have a top margin of not less than ¾ inch. Page numbers shall be centered
and have a bottom margin of not less than ½ inch. Line numbers shall have a
left-hand margin of not less than ½ inch. All exhibits of a documentary
character shall, whenever practical, conform to these requirements of size and
margin. The impression shall be on one side of the paper only and shall be
double spaced; footnotes may be single spaced and quotations may be single
spaced and indented.
b) All pleadings or other documents shall be composed in either
Arial or Times New Roman font, black type on white background. The text of
pleadings or documents shall be at least 12-point. Footnotes shall be at least
10-point. Other material not in the body of the text, such as financial data
schedules and exhibits, shall be at least 8-point. All exhibits of a
documentary character shall, whenever practical, conform to these requirements.
c) Reproductions may be by any process, provided that all copies
are clear and permanently legible.
d) Testimony prepared for the purpose of being entered into
evidence shall include line numbers on the left-hand side of each page of
text. Testimony shall include continuous line numbers. Schedules,
attachments, and exhibits of a numerical or documentary nature shall, whenever
practical, conform to these requirements.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.110 FILING OF PETITION FOR ARBITRATION
Section 761.110 Filing of
Petition for Arbitration
a) All petitions for arbitration:
1) Shall clearly set forth on their first page the date upon
which the original request for negotiation under Section 252 of the
Communications Act of 1934 (47 U.S.C. 252) was received by the incumbent local
exchange carrier and the dates 135 days, 160 days, and 9 months thereafter;
2) Shall be filed during the period from the 135th to the 160th
day (inclusive) after the date on which the incumbent local exchange carrier
received the request for negotiation under Section 252 of the Communications
Act of 1934 (47 U.S.C. 252);
3) Shall be verified; and
4) Shall be accompanied by the Petitioner's discovery requests.
b) The party petitioning the Commission shall, at the same time
as it submits the petition, provide the Commission all relevant documentation concerning:
1) The unresolved issues;
2) The position of each of the parties with respect to those
issues; and
3) Any other issue discussed and resolved by the parties.
c) A petition for arbitration shall not be accepted for filing
unless it is verified.
d) All responses to a petition for arbitration shall be verified,
and shall be accompanied by the verified written statements and verified
exhibits of all witnesses the party proposes to call at the arbitration
hearing.
e) Verified responses and verified written statements and
exhibits constituting respondent's support for its response shall be filed no
more than 25 days after the filing of the petition for arbitration.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.130 CONTENTS OF DOCUMENTS
Section 761.130 Contents of
Documents
a) All documents submitted in arbitration proceedings before the
Commission shall display the docket number of the proceeding. Documents
initiating a new arbitration proceeding shall leave a space for the docket
number. All documents shall also include the full name, address, telephone
number, and, unless the party has no facsimile number or e-mail address, either
directly or through its attorney, facsimile number and e-mail address of the
person or the representative of the person filing the document. A party, in
its first pleading in an arbitration proceeding, shall state whether it agrees
to accept service by electronic means as provided for in Section 761.1050. A
party later may agree, or may revoke its agreement, to accept electronic
service, provided that the party shall file and serve a notice of the later
agreement or revocation.
b) The original of every document filed with the Commission shall
be signed by the party filing the same or by an officer or agent. The factual
assertions contained in all documents shall be verified by the filing party
before a notary public. The verification shall be in form and substance as
follows:
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I,
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do on oath
depose and state that the facts
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contained in the foregoing
document are true and correct to the best of my knowledge and belief.
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SIGNATURE OF PERSON VERIFYING
DOCUMENT
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SIGNED AND SWORN TO BEFORE ME
THIS
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DAY OF
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,
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(year)
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.
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NOTARY PUBLIC
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(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.140 COPIES OF DOCUMENTS
Section 761.140 Copies of
Documents
a) For proceedings initiated prior to January 1, 2000, all
documents shall be filed with the Chief Clerk in one original and two paper
copies, unless otherwise specified in this Part.
b) For proceedings initiated after January 1, 2000, the original
of any document shall be filed with the Chief Clerk.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.150 SERVICE
Section 761.150 Service
a) All documents shall be deemed filed on the date received by
the Chief Clerk of the Commission. Service on the Chief Clerk of the
Commission cannot be made by telephone facsimile. All documents shall be
served upon the parties to the arbitration proceeding on the day they are filed
with the Chief Clerk of the Commission.
b) Proof of service of any paper shall be by certificate of
attorney, acknowledgement of receipt, or affidavit.
SUBPART C: PRE-ARBITRATION PROCEDURE AND DISCOVERY
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.200 PRE-ARBITRATION CONFERENCES
Section 761.200
Pre-arbitration Conferences
a) Upon direction of the Commission or on his or her own motion,
the Hearing Examiner may request all parties to attend a pre-arbitration
conference. Notice of the pre-arbitration conference shall be given in
writing, telephone, e-mail, or telephone facsimile not later than 24 hours
before the pre-arbitration conference. Such a conference may be held for any
purpose, including, but not limited to:
1) Scheduling;
2) Identification and simplification of issues;
3) Amendments to documents;
4) Limitations on the number of witnesses;
5) The issuance of rulings denying, limiting, conditioning or
regulating discovery;
6) The issuance of rulings supervising all or any part of any
discovery procedure; and
7) Such other matters as may aid in the simplification of the
issues and disposition of the proceeding.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.210 SCHEDULE OF PRE-ARBITRATION PROCEDURE AND DISCOVERY
Section 761.210 Schedule of
Pre-arbitration Procedure and Discovery
In the absence of a schedule
established at a pre-arbitration conference held under Section 761.200 of this
Part, proceedings under this Part will be conducted under the following
schedule:
a) Respondent files and serves discovery responses and requests for
discovery on Petitioner no later than 7 days after filing of the petition for
arbitration;
b) Petitioner files and serves verified written statements and
exhibits of all witnesses it proposes to call at the arbitration hearing, along
with responses to Respondent's discovery requests, no later than 14 days from
the filing of the petition for arbitration;
c) Respondent files and serves verified response to petition, and
all documents required by Sections 761.110 and 761.120 of this Part no later
than 25 days after the filing of the petition for arbitration;
d) Staff files and serves requests for discovery of Petitioner
and Respondent no later than 32 days after the filing of the petition;
e) Petitioner and Respondent file and serve discovery responses
no later than 7 days after the service of Staff's requests for discovery;
f) Staff files and serves verified written statements and
exhibits no later than 46 days from the filing of the petition for arbitration;
g) Petitioner and Respondent file and serve requests for
discovery of Staff no later than 53 days after the filing of the petition for
arbitration;
h) Staff files and serves discovery responses no later than 60
days after the filing of the petition for arbitration;
i) Petitioner and Respondent file supplemental verified written
statements and exhibits of the witnesses they propose to call at the
arbitration hearing in order to respond to Staff's verified written statements
and exhibits 64 days from the filing of the petition for arbitration.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.220 FAILURE TO COMPLY WITH A DISCOVERY ORDER OR A SUBPOENA
Section 761.220 Failure to
Comply with a Discovery Order or a Subpoena
If a person or party fails to
comply with a discovery order or refuses to attend or be sworn at an
arbitration hearing, the Hearing Examiner may: suspend proceedings until
compliance is obtained; strike all or any part of the documents of such party;
refuse to allow the party to support designated claims or defenses; or proceed
on the basis of the best information available from whatever source derived.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.230 MOTION TO QUASH SUBPOENA
Section 761.230 Motion to
Quash Subpoena
The Hearing Examiner, upon
motion, may quash or modify a subpoena or request for discovery.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.240 PROTECTIVE ORDERS
Section 761.240 Protective
Orders
a) At any time during the pendency of a proceeding, the
Commission or the Hearing Examiner may, on the motion of any person, enter an
order to protect the confidential, proprietary or trade secret nature of any
data, information or studies.
b) A person submitting a motion for a protective order shall
specify the proposed expiration date for the proprietary status of the data,
information or studies. The proposed expiration date shall be no more than
five years from the date of submission. However, the proposed expiration date
may exceed five years upon a showing of good cause. If no date is specified,
the proposed expiration date for the proprietary status of the data,
information or studies shall be two years from the date of submission.
c) A document submitted and marked as proprietary shall be
afforded proprietary treatment pending the timely submission of a motion to
protect the confidential, proprietary or trade secret nature of that document
and a ruling on that motion by the Commission or the Hearing Examiner.
d) A public redacted version of each document submitted pursuant
to this Section must also be submitted with the proprietary version.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
SUBPART D: ARBITRATION PROCEDURE
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.300 DISQUALIFICATION OF HEARING EXAMINER
Section 761.300
Disqualification of Hearing Examiner
a) A Hearing Examiner assigned to a proceeding may, upon written
request to and approval of the Chief Hearing Examiner, recuse himself or
herself from the proceeding.
b) Whenever any party believes a Hearing Examiner for any reason
should be disqualified from conducting, or continuing to conduct, a proceeding
assigned to him or her, such party may file a motion to disqualify the Hearing
Examiner, setting forth by affidavit the alleged grounds for disqualification.
The Hearing Examiner shall have 5 days after filing of the motion within which
to enter a written ruling thereon. A copy of such ruling shall be served upon
all parties.
c) Any ruling by a Hearing Examiner denying a request for recusal
under this Section may be reviewed by the Commission. Review shall be sought
no more that 3 days from the denial of the motion to recuse or disqualify. The
party seeking review of the ruling shall file with the Chief Clerk a verified
petition, together with any offer of proof, and shall serve a copy of the petition
upon the Hearing Examiner and all parties to the proceeding. Other parties and
the staff representative may file responses within 3 days after the filing of
the petition. The Hearing Examiner shall have 3 days from the filing of the
petition within which to file a report to the Commission with the Chief Clerk,
who shall serve copies of such report on the parties and staff representative.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.310 ARBITRATION HEARING PROCEDURE
Section 761.310 Arbitration
Hearing Procedure
a) Arbitration hearings shall be commenced not later than 67 days
from the filing of the petition for arbitration.
b) The party filing the petition for arbitration shall begin the
arbitration by presenting all of its witnesses to be cross-examined. The party
filing the response to the petition for arbitration shall then present all of
its witnesses to be cross-examined. Finally, Staff shall present all of its
witnesses to be cross-examined.
c) Where the parties jointly file the petition for arbitration, the
Hearing Examiner shall decide the order in which the parties shall present
their witnesses for cross-examination.
d) The Hearing Examiner will specify whether certain witnesses
may be presented as a panel for cross-examination.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.320 TRANSCRIPTS
Section 761.320 Transcripts
a) A complete record of all arbitrations conducted under this
Part, including oral arguments before the Commission or Hearing Examiner, shall
be transcribed by a reporter appointed by the Commission. In the event that
expedited transcripts are required, the cost of preparation shall be borne by
Petitioner.
b) Suggested corrections to the transcript of record must be
filed within 7 days from the day on which the hearing is held or at such other
time as prescribed by the Hearing Examiner, and shall be in writing and served
upon each party, the official reporter and the Hearing Examiner.
c) Objections to suggested corrections shall be filed within 5
days after the filing of the suggestions, unless otherwise prescribed by the
Hearing Examiner. The Hearing Examiner shall determine what changes, if any,
shall be made in the record.
d) If no objection is made to the suggested corrections, the
Hearing Examiner may, in his or her discretion, direct the corrections to be
made and the manner of making them. The purpose of this determination shall be
to ensure the accuracy of the arbitration record.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.330 CONSOLIDATION AND SEVERANCE
Section 761.330
Consolidation and Severance
a) Where not inconsistent with the requirements of the
Communications Act of 1934, the Commission or Hearing Examiner may, to the
extent practical, order the consolidation of two or more proceedings under
Section 252(b) of the Communications Act of 1934 in order to reduce
administrative burdens on telecommunications carriers and the Commission in
carrying out its responsibilities under Section 252 of the Communications Act
of 1934.
b) Where not inconsistent with the requirements of the
Communications Act of 1934, the Commission or Hearing Examiner may, to the
extent practical, order the severance of two or more proceedings previously
consolidated under subsection (a) of this Section in order to reduce
administrative burdens on telecommunications carriers and the Commission in
carrying out its responsibilities under Section 252 of the Communications Act
of 1934 or order the severance of issues from a proceeding in those instances
where the issues need not be decided within the time limit set in the
Communications Act of 1934 for the Commission's decision on the arbitration.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.340 INFORMATION TO BE ADDUCED AT ARBITRATION
Section 761.340 Information
to be Adduced at Arbitration
a) In all proceedings subject to this Part, irrelevant,
immaterial or unduly repetitious information shall be excluded. Relevant
information may be admitted at the arbitration if it is of a type commonly
relied on by reasonably prudent persons in the conduct of their affairs.
b) Whenever a verified statement or exhibit contains language
and/or figures that differ from the exhibit offered, the sponsoring party shall
indicate all changes in writing either on a corrective sheet or the actual
exhibit shall have the corrected language and/or figures so designated.
c) Any information offered in whatever form shall be subject to
appropriate and timely objection. The Hearing Examiner may, either with or
without objection, exclude irrelevant, immaterial, unduly repetitious or
otherwise inadmissible information.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.350 INFORMATION TO BE UNDER OATH OR AFFIRMATION
Section 761.350 Information
to be Under Oath or Affirmation
All orally presented information
to be considered by the Commission at the arbitration shall be sworn or
affirmed. All other information submitted at the arbitration shall be verified
pursuant to Section 761.130(b) of this Part.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.360 STIPULATION OF FACTS
Section 761.360 Stipulation
of Facts
The parties to any arbitration
before the Commission may, by written stipulation filed with the Commission or
by oral stipulation entered in the record, agree upon the facts or any part
thereof related to the contested issues in the arbitration. Notwithstanding the
stipulation of the parties, the Commission or the Hearing Examiner may require
further information in support of the facts so stipulated.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.370 EXHIBITS
Section 761.370 Exhibits
a) All exhibits shall be marked numerically and/or alphabetically
with a party designation and shall conform to the requirements of Section
761.130 of this Part.
b) When exhibits are identified for the record, unless the
Hearing Examiner directs otherwise, an original and two copies shall be offered
at the arbitration and a copy provided to the Hearing Examiner and to each
party.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.380 EX PARTE COMMUNICATIONS
Section 761.380 Ex Parte
Communications
a) The provisions of Section 10-60 of the Illinois
Administrative Procedure Act [5 ILCS 100/10-60] shall apply in full to
Commission arbitration proceedings that are subject to this Part. The provisions
of Section 10-60 shall not apply, however, to communications between Commission
employees who are engaged in investigatory or advocacy functions and other
parties to the arbitration 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
Hearing Examiner in the proceeding, or any Commission employee who is or may
reasonably be expected to be involved in the decisional process of the
proceeding.
b) Any Commissioner, Hearing Examiner, or other Commission
employee 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 Section 10-60 of the Illinois
Administrative Procedure Act as modified by Section 10-103 of the Public
Utilities Act [220 ILCS 5/10-103] shall place on the public record of
the proceeding:
1) All such written communications;
2) Memoranda stating the substance of all such oral
communications; and
3) All written responses and memoranda stating the substance
of all oral responses to the materials described in subsections (b)(1) and (2).
[220 ILCS 5/10-103]
c) The material specified in subsection (b) shall be disclosed to
the parties of record by:
1) Service on the parties at the arbitration; or
2) If no arbitration is scheduled within the next seven days,
service by hand delivery, overnight mail or courier service or telephone
facsimile on all parties to the arbitration.
SUBPART E: POST-HEARING PROCEDURE
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.400 BRIEFS
Section 761.400 Briefs
a) At the close of the arbitration, the Hearing Examiner or the
Commission may order the parties to file a brief. Parties must use transcript
citations if they refer to testimony or evidence adduced at the arbitration
hearings. In the discretion of the Commission or the Hearing Examiner, failure
to use transcript citations may result in rejection of all or part of the
brief.
b) Briefs shall be concise, and, if in excess of 20 pages,
excluding appendices, shall contain:
1) A table of contents;
2) A short statement of the case;
3) A summary of the position of the party filing; and
4) Argument.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.410 DRAFT PROPOSED ARBITRATION DECISIONS
Section 761.410 Draft
Proposed Arbitration Decisions
The Hearing Examiner may permit
or require a party or parties to file draft proposed arbitration decisions.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.420 HEARING EXAMINER'S PROPOSED ARBITRATION DECISION
Section 761.420 Hearing
Examiner's Proposed Arbitration Decision
The Hearing Examiner presiding
shall, after the close of the arbitration, prepare a proposed arbitration
decision, including a statement of findings and conclusions and the reasons or
basis therefor, on all the material issues of fact, law or discretion presented
on the record. Such proposed arbitration decision, shall be served by the
Chief Clerk of the Commission on all parties to the arbitration.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.430 EXCEPTIONS; REPLY
Section 761.430 Exceptions;
Reply
a) The parties may file exceptions to the Hearing Examiner's
proposed decision at such time as is fixed by the Hearing Examiner or the
Commission. The Hearing Examiner or the Commission may also require the
parties to file as a reply "Brief in Reply to Exceptions."
b) Exceptions and replies to exceptions with respect to
statements, findings of fact or rulings of law must be specific and must be
stated and numbered separately in the brief. When exception is taken or a
reply is made as to a statement or finding of fact, a suggested replacement
statement or finding must be incorporated. Exceptions and replies may contain
written arguments in support of the position taken by the party or staff
representative filing such exceptions or reply.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.440 FILING OF BRIEFS
Section 761.440 Filing of
Briefs
a) For arbitration proceedings initiated prior to January 1,
2000, an original and eight paper copies of all briefs shall be filed with the
Commission.
b) For arbitration proceedings initiated after January 1, 2000,
an original copy of a brief shall be filed with the Commission.
(Source: Amended at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.450 ORAL ARGUMENT
Section 761.450 Oral
Argument
The Commission, upon its own
motion, may hear oral argument from the parties to the arbitration.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.460 ADDITIONAL HEARINGS
Section 761.460 Additional
Hearings
Before issuance of a final order
by the Commission, the Hearing Examiner may, on his or her own motion or when
directed by the Commission, hold additional hearings.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.470 REOPENING ON MOTION OF THE COMMISSION
Section 761.470 Reopening on
Motion of the Commission
After issuance of an order by
the Commission, the Commission may, on its own motion, reopen any proceeding
when it has reason to believe that conditions of fact or law have so changed as
to require, or that the public interest requires, such reopening.
SUBPART F: ELECTRONIC FILING
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1000 OVERVIEW OF ELECTRONIC FILING
Section 761.1000 Overview of
Electronic Filing
One of the stated purposes of
the Electronic Commerce Security Act is to facilitate electronic filing of
documents with State and local government agencies, and promote efficient
delivery of government services by means of reliable electronic records. [5
ILCS 175/1-105(3)] The Electronic Commerce Security Act authorizes State
agencies to send and receive electronic records and electronic signatures. In
addition, the Commission has the authority over its process and proceedings
pursuant to Section 10-101 of the Public Utilities Act [220 ILCS 5/10-101]. To
that end, the Commission is committed to facilitating the filing, distributing,
and accessing of documents electronically, subject to this Part, through its
electronic filing system, "e-Docket". Any person may file a document
in an electronic format. However, nothing in this Part should be construed to
require any person to file any document in an electronic format.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1010 ACCEPTABLE FORMATS
Section 761.1010 Acceptable
Formats
a) All electronic documents submitted to the Commission via
e-Docket shall be in one of the following formats:
1) Microsoft Word for Windows, version 6.0 or greater;
2) Corel WordPerfect for Windows, version 6.0 or greater;
3) Microsoft Excel for Windows, version 4.0 or greater;
4) Lotus 1-2-3 for Windows, version 4.0 or greater;
5) ASCII Text; or
6) Adobe Acrobat Portable Document Format (PDF) version 2.0 or
greater.
b) All e-Docket electronic records will be stored by the
Commission in Adobe Acrobat PDF. Electronic documents not submitted in PDF will
be converted to PDF by the Commission.
c) The Commission encourages persons to submit electronic
documents in PDF.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1020 E-DOCKET ACCOUNTS
Section 761.1020 e-Docket
Accounts
a) Each person seeking to file electronic documents must have an
active e-Docket account.
b) The application for an e-Docket account is available on
e-Docket on the Commission's Web site or can be obtained by calling or
e-mailing the e-Docket help desk.
c) The e-Docket application requires the following information:
1) First name and last name;
2) Primary mailing address and phone number;
3) Preferred user name;
4) Password;
5) Challenge question and answer; and
6) Notarized signature.
d) Applications must be hand-delivered or mailed to the e-Docket
help desk.
e) The user is responsible for keeping confidential the user I.D.
and password. A user I.D. must be at least four characters in length and must
be unique. Passwords must be at least five characters in length. Periodically
passwords will expire and users will be given advance notice and requested to
enter a new password. The challenge question and answer will enable e-Docket to
recover a password for a user who has forgotten his or her password.
f) Because of the unique user I.D. and password, an electronic
document can be traced to a specific individual as if it were signed. This
shall serve as an electronic signature on such filings.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1030 CONTROL PROCESSES
Section 761.1030 Control
Processes
a) e-Docket allows only users with I.D. and passwords to file
electronic documents.
b) Only members of the service list for a particular arbitration
proceeding are allowed to file electronic documents in that case.
c) Filings are scanned for computer viruses prior to being
uploaded into the e-Docket system and will be rejected if the filing is
infected. The submitter of such an electronic document will be notified of the
rejection.
d) The Web browser must be set to accept cookies in order for
users to submit electronic documents. Cookies identify users and instruct the
server to send a customized version of the requested Web page to the user.
Cookies also submit account information for the user.
e) e-Docket logs every filing with the user I.D., date, time, and
file size information.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1040 SUBMISSION OF ELECTRONIC DOCUMENTS
Section 761.1040 Submission
of Electronic Documents
a) Persons filing electronic documents shall receive a receipt
with an identification number that shall be sent electronically. Documents that
are required to be verified or that have an affidavit must include the scanned
verification or affidavit pages in the filed electronic document in Adobe
Acrobat PDF; otherwise documents that are required to be verified or that have
an affidavit shall be deemed to be officially filed or received only when the
person submitting the electronic document submits to the Commission the
original verification or affidavit pages accompanied by a printed copy of the
electronic receipt for that document.
b) The filing of an electronic document is effective upon
acceptance of the complete document and, if applicable, any required original
paper verification or affidavit pages by the Chief Clerk of the Commission in
one of the formats specified in Section 761.1010(a). Any required verification
or affidavit pages, whether they be in an electronic format or a paper version,
must be received and accepted by the Chief Clerk for purposes of meeting filing
deadlines, unless otherwise specified by the Commission or the Hearing
Examiner.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1045 ELECTRONIC DOCUMENTS ACCEPTED BY THE COMMISSION
Section 761.1045 Electronic
Documents Accepted by the Commission
All documents either initiating
an arbitration proceeding subject to this Part or filed in a proceeding subject
to this Part may be submitted to the Commission as electronic documents.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1050 SERVICE BY ELECTRONIC MEANS
Section 761.1050 Service by
Electronic Means
a) Service by electronic means is allowed when agreed to by
individual parties. Notwithstanding Section 761.150, any party required to
serve a pleading or other document may serve copies of pleadings and other
documents on other parties of record by electronic means in substitution of
first class mail, provided that the service is on an e-mail address that the
recipient has identified in its appearance or in a subsequent filing or
agreement. Because of pagination and format concerns, the parties are encouraged
to serve in PDF. When serving by electronic means, service is deemed complete
on the day of electronic transmission if transmitted at or before the time due,
except service by electronic means on weekends or holidays shall be deemed
complete on the next business day unless otherwise specified by the Commission
or the Hearing Examiner.
b) If any party files a proprietary electronic document (see
Section 761.240), that party must serve the proprietary electronic document on
any other party of record that has the right to see the document on any legal
or contractual basis, such as a confidentiality agreement, and a public
redacted version pursuant to Section 761.240. The e-Docket system does not
allow any person outside of the Commission to see or access proprietary
electronic documents.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 761
ARBITRATION PRACTICE
SECTION 761.1060 ELECTRONIC DOCUMENTS AND THE HEARING PROCESS
Section 761.1060 Electronic
Documents and the Hearing Process
If any prefiled testimony or
exhibit in the e-Docket system is offered and admitted into evidence without
alteration at a hearing in an arbitration proceeding, the official copy is the
document as filed and found in the e-Docket system. If a prefiled electronic
document is submitted without alteration at hearing, any requirement to offer
multiple copies at hearing is eliminated. If any prefiled testimony or exhibit
in the e-Docket system is altered at hearing in any way and admitted into
evidence, the altered testimony or exhibit is the official copy. The sponsoring
party must serve the complete altered electronic document on the Commission and
the other parties of record within seven days after that hearing or, if
applicable, within seven days after the end of a continuous, day-to-day set of
hearings, unless otherwise directed by the Hearing Examiner.
(Source: Added at 24 Ill. Reg. 15958, effective October 15, 2000)
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