(220 ILCS 5/10-110) (from Ch. 111 2/3, par. 10-110)
Sec. 10-110.
At the time fixed for any hearing upon a complaint, the
complainant and the person or corporation complained of, and such persons
or corporations as the Commission may allow to intervene, shall be entitled
to be heard and to introduce evidence. The Commission shall issue process
to enforce the attendance of all necessary witnesses. At the conclusion of
such hearing the Commission shall make and render findings concerning the
subject matter and facts inquired into and enter its order based thereon. A
copy of such order, certified under the seal of the Commission, shall be
served upon the person or corporation complained of, or his or its
attorney, which order shall, of its own force, take effect and become
operative twenty days after the service thereof, except as otherwise
provided, and shall continue in force either for a period which may be
designated therein or until changed or abrogated by the Commission. Where
an order cannot, in the judgment of the Commission, be complied with within
twenty days, the Commission may prescribe such additional time as in its
judgment is reasonably necessary to comply with the order, and may, on
application and for good cause shown, extend the time for compliance fixed
in its order. A full and complete record shall be preserved of all
proceedings had before the Commission, or any member thereof, or any administrative law judge, on any formal hearing had, and all testimony shall
be taken down by a stenographer appointed by the Commission, and the
parties shall be entitled to be heard in person or by attorney.
In any proceeding involving a public
utility in which the lawfulness of any of its rates or other charges shall
be called in question by any person or corporation furnishing a commodity
or service in competition with said public utility at prices or charges not
subject to regulation, the Commission may investigate the competitive
prices or other charges demanded or received by such person or corporation
for such commodity or service, including the rates or other charges
applicable to the transportation thereof. The Commission may, on its own
motion or that of any party to such proceeding, issue subpoenas to secure
the appearance of witnesses or the production of books, papers, accounts
and documents necessary to ascertain the prices, rates or other charges for
such commodity or service or for the transportation thereof, and shall
dismiss from such proceeding any party failing to comply with a subpoena so
issued.
In case of an appeal from any order or decision of the Commission, under
the terms of Sections 10-201 and 10-202 of this Act, a transcript of such
testimony, together with all exhibits or copies thereof introduced and all
information secured by the Commission on its own initiative and considered
by it in rendering its order or decision (and required by this Act to be
made a part of its records) and of the pleadings, records and proceedings
in the case, including transcripts of Commission meetings prepared in accordance with Section 10-102 of this Act, shall constitute the record of the Commission: Provided, that
on appeal from an order or decision of the Commission, the person or
corporation taking the appeal and the Commission may stipulate that a
certain question or certain questions alone and a specified portion only of
the evidence shall be certified to the court for its judgment, whereupon
such stipulation and the question or questions and the evidence therein
specified shall constitute the record on appeal.
Copies of all official documents and orders filed or deposited according
to law in the office of the Commission, certified by the Chairman of
the Commission or his or her designee to be true
copies of the originals, under
the official seal of the Commission, shall be evidence in like manner as
the originals.
In any matter concerning which the Commission is authorized to hold a
hearing, upon complaint or application or upon its own motion, notice shall
be given to the public utility and to such other interested persons as the
Commission shall deem necessary in the manner provided in
Section 10-108, and the hearing shall be conducted in like manner as if
complaint
had been made to or by the Commission. But nothing in this Act shall be
taken to limit or restrict the power of the Commission, summarily, of its
own motion, with or without notice, to conduct any investigations or
inquiries authorized by this Act, in such manner and by such means as it
may deem proper, and to take such action as it may deem necessary in
connection therewith. With respect to any rules, regulations, decisions or
orders which the Commission is authorized to issue without a hearing, and
so issues, any public utility or other person or corporation affected
thereby and deeming such rules, regulations, decisions or orders, or any of
them, improper, unreasonable or contrary to law, may apply for a hearing
thereon, setting forth specifically in such application every ground of
objection which the applicant desires to urge against such rule,
regulation, decision or order. The Commission may, in its discretion, grant
or deny the application, and a hearing, if had, shall be subject to the
provisions of this and the preceding Sections.
(Source: P.A. 100-840, eff. 8-13-18.)
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