Ill. Admin. Code tit. 62 § 100.40

Current through Register Vol. 48, No. 42, October 18, 2024

Section 100.40 - Applications, Complaints, Petitions, and Other Pleadings

a) Applications for Rule-making

Applications shall be in writing and shall contain:

1) The name and address of the applicant;

2) Specific reference to the Rule or Rules with which the applicant has an interest, or, in the case where the applicant's request is that a Rule be promulgated, a concise statement of the subject matter and issues involved in the proposed Rule; and

3) A specific statement of the course of action requested of the Board.

b) Complaints

Complaints shall be by the Department, shall be in writing and shall contain:

1) A plain and concise statement of the act or things done or omitted to be done in violation, or claimed to be in violation, of any statute administered by the Department or the rules made pursuant to such statutes;

2) Specific reference to or citation of such statute or rules; and

3) Specific prayers for relief or penalty, which may be in the alternative.

c) Petitions

Petitions shall be in writing and shall contain:

1) The name and address of the Petitioner and the name and address of any respondent;

2) A plain and concise statement of the nature of Petitioner's interest and the facts relied upon as a basis for the relief sought, and where such basis is statutory, specific reference to or citation of the statute shall be made; and

3) Specific prayers for relief, which may be in the alternative.

d) Intervening Petitions

1) Any person may file a petition requesting leave to intervene in any matter already before the Board. Intervening petitions shall contain:

A) The name of the Petitioner seeking leave to intervene;

B) A plain and concise statement of the nature of such Petitioner's interest;

C) A prayer for leave to intervene and be treated as a party to the proceeding; and

D) If affirmative relief is sought, specific prayers for such relief, which may be in the alternative.

2) Any affirmative relief requested shall be germane to the issues. Intervening petitions shall be presented upon or prior to the day the proceeding in which intervention is sought is first called for hearing of evidence, but not afterward except for good cause shown. Intervention shall be granted or denied at the discretion of the Board.

e) Amendments or Supplements

Amendments of, or supplements to, complaints, petitions, or applications may be filed setting forth matters which have arisen before or after the institution of any proceeding. Amendments or supplements may be made at any time before or after a final decision on the merits either to approve the application or sustain the claim intended to be brought or to make or assert a defense or to conform the pleadings to the proofs upon terms as to continuance that may be just and reasonable.

f) Notice as to Duration of Hearing

If at the time a petition, application or complaint is filed with the Board, the Board determines or is advised by the filing party that the probable duration of the presentation of the matter in entirety may exceed one (1) day, the Board whenever possible, shall set the hearing for consecutive days.

g) Adjudicatory Proceedings - Answers

Answers to formal complaints or petitions shall be filed with the Board within ten (10) days after the day on which such complaint or petition is served upon the adverse party, unless otherwise ordered. If any adverse party fails to file an answer, issue as to such adverse party will be considered joined. Answers shall contain an explicit admission, denial, or appropriate response to each allegation of the pleading to which they relate and a concise statement of the nature of the defense.

Ill. Admin. Code tit. 62, § 100.40