(220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
Sec. 10-101.
The Commission, or any commissioner or administrative law judge
designated by the Commission, shall have power to hold investigations,
inquiries and hearings concerning any matters covered by the provisions
of this Act, or by any other Acts relating to public utilities subject
to such rules and regulations as the Commission may establish. In the
conduct of any investigation, inquiry or hearing the provisions of the
Illinois Administrative Procedure Act, including but not limited to Sections
10-25 and 10-35 of that Act, shall be applicable and the
Commission's rules shall be consistent therewith. Complaint cases initiated
pursuant to any Section of this Act, investigative proceedings and ratemaking
cases shall be considered "contested cases" as defined in Section 1-30 of the Illinois Administrative Procedure Act, any contrary provision
therein notwithstanding. Any proceeding intended to lead to the establishment
of policies, practices, rules or programs applicable to more than
one utility may, in the Commission's discretion, be conducted pursuant to
either rulemaking or contested case provisions, provided such choice is clearly
indicated at the beginning of such proceeding and subsequently adhered to. No
violation of this Section or the Illinois Administrative Procedure Act and no
informality in any proceeding or in the manner of taking testimony before the
Commission, any commissioner or administrative law judge of the Commission shall
invalidate any order, decision, rule or regulation made, approved, or confirmed
by the Commission in the absence of prejudice. All hearings conducted by the
Commission shall be open to the public.
Each commissioner and every administrative law judge of the Commission designated by
it to hold any inquiry, investigation or hearing, shall have the power to
administer oaths and affirmations, certify to all official acts, issue
subpoenas, compel the attendance and testimony of witnesses, and the production
of papers, books, accounts and documents.
Hearings shall be held either by the Commission or by one or more
commissioners or administrative law judges.
When any attorney who is not admitted to the practice of law in Illinois by unlimited or conditional admission, but who is licensed in another state,
territory, or commonwealth of the United States, the District of Columbia, or a foreign country may desire to appear before the Commission, such
attorney shall be allowed to appear before the Commission as provided in Supreme Court Rule 707.
All evidence presented at hearings held by the Commission or under its
authority shall become a part of the records of the Commission. In all cases
in which the Commission bases any action on reports of investigation or
inquiries not conducted as hearings, such reports shall be made a part of the
records of the Commission. All proceedings of the Commission and all documents
and records in its possession shall be public records, except as in this Act
otherwise provided.
To the extent consistent with this Section and the Illinois Administrative
Procedure Act, the Commission may adopt reasonable and proper rules and
regulations relative to the exercise of its powers, and proper rules to govern
its proceedings, and regulate the mode and manner of all investigations and
hearings, and alter and amend the same.
(Source: P.A. 100-840, eff. 8-13-18.)
|