Section 200.640  Administrative Notice

a)         Consistent with Section 200.610, the Commission or Hearing Examiner may take administrative notice of the following:

1)         Rules, regulations, administrative rulings and orders, and written policies of governmental bodies other than the Commission.

2)         Contents of certificates, permits and licenses issued by the Commission, and the orders, transcripts, exhibits, pleadings or any other matter contained in the record of other docketed Commission proceedings.

3)         Annual reports, tariffs, classifications and schedules regularly established by or filed with the Commission as required or authorized by law or by an order or rule of the Commission.

4)         State and Federal statutes and municipal and local ordinances.

5)         The decisions of State and Federal courts.

6)         Generally recognized scientific or technical facts within the specialized knowledge of the Commission.

7)         All other matters of which the circuit courts of this State may take judicial notice.

b)         Requests for administrative notice of transcripts, exhibits, pleadings or any other matter contained in the record of other docketed Commission proceedings are discouraged.

c)         Parties and Staff shall be notified either before or during the hearing or otherwise of the materials noticed and shall be provided a reasonable opportunity to contest the material so noticed.  [5 ILCS 100/10-40].

AGENCY NOTE:  As required by 1 Ill. Adm. Code 100.380, statutory language in this Section appears in distinguishing type.  However, Section 10-40 of the Illinois Administrative Procedure Act, which is the statute quoted, applies only to contested cases and licensing proceedings.  The statutory language in this Section is statutorily mandated as to such proceedings only, and not as to other proceedings.  Nevertheless, this Section applies to all proceedings governed by this Part.

(Source:  Amended at 20 Ill. Reg. 10607, effective August 15, 1996)