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Public Act 098-0895
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| HB4235 Enrolled | LRB098 14541 JWD 49309 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil Administrative Code of Illinois is |
amended by adding Section 5-720 as follows:
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(20 ILCS 5/5-720 new) |
Sec. 5-720. Representation before departments by |
out-of-state attorneys. |
(a) 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 a hearing officer, |
administrative law judge, or other adjudicatory officer or body |
of a department, such attorney shall be allowed to appear |
before the same as provided in Illinois Supreme Court Rule 707. |
(b) Subject to the rulemaking provisions of the Illinois |
Administrative Procedure Act, each department may adopt rules |
to implement and administer this Section.
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Section 10. The Illinois Independent Tax Tribunal Act of |
2012 is amended by changing Section 1-80 as follows:
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(35 ILCS 1010/1-80)
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Sec. 1-80. Representation. |
(a) Appearances in proceedings conducted by the Tax |
Tribunal may be by the taxpayer or by an attorney admitted to |
practice in this State. The Tax Tribunal may allow an attorney |
who is not admitted to the practice of law in Illinois by |
unlimited or conditional admission, but who is authorized to |
practice or licensed in another state, territory, or |
commonwealth of the United States, the District of Columbia, or |
a foreign country any other jurisdiction of the United States |
to appear and represent a taxpayer in proceedings before the |
Tax Tribunal for a particular matter as provided in Illinois |
Supreme Court Rule 707. |
(b) The Department of Revenue shall be represented by the |
Attorney General in all proceedings before the Tax Tribunal.
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(Source: P.A. 97-1129, eff. 8-28-12.)
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Section 15. The Public Utilities Act is amended by changing |
Section 10-101 as follows:
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(220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
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Sec. 10-101.
The Commission, or any commissioner or hearing |
examiner
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 |
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regulations as the Commission may establish. In the
conduct of |
any investigation, inquiry or hearing the provisions of the
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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
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Commission, any commissioner or hearing examiner 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
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Commission shall be open to the public.
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Each commissioner and every hearing examiner of the |
Commission designated by
it to hold any inquiry, investigation |
or hearing, shall have the power to
administer oaths and |
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affirmations, certify to all official acts, issue
subpoenas, |
compel the attendance and testimony of witnesses, and the |
production
of papers, books, accounts and documents.
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Hearings shall be held either by the Commission or by one |
or more
commissioners or hearing examiners.
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When any counselor or attorney who is not admitted to the |
practice of law in Illinois by unlimited or conditional |
admission, but who is at law, licensed in another any other |
state, or
territory, or commonwealth of the United States, the |
District of Columbia, or a foreign country may desire to appear |
before the Commission, such counselor or
attorney shall be |
allowed to appear before the Commission as provided in Supreme |
Court Rule 707 upon the same
terms and in the same manner that |
counselors and attorneys at law licensed
in this State now are |
or hereafter may be admitted to appear in such other
state or |
territory before its Commission or equivalent body.
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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.
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To the extent consistent with this Section and the Illinois |
Administrative
Procedure Act, the Commission may adopt |