Section 102.304  Hearings

a)         Within 14 days after the receipt of a rule, the Board will file the proposed rule for first notice and schedule all hearings. Additionally, the Board will send notice of the scheduled hearing to the appropriate publication.  The hearing notice will be published at least 30 days before the date of the hearing.  When the Board can cause timely publication of the hearing notice in the Illinois Register, the Board will do so in lieu of newspaper notice.

b)         The first hearing will be held within 55 days after receipt of the rule and is reserved for the Agency's testimony and questions of the Agency's witnesses.

c)         Within 7 days after the first hearing, any person may request a second hearing.  The request may be made on the record at the first hearing or in writing.  If done in writing it must be filed with the Board and served upon the service list.

d)         A second hearing will be held to hear comments on Department of Commerce and Economic Opportunity's economic impact study of the proposed rules.  At least 20 days before the hearing, the Board shall notify the public of the hearing and make the economic impact study, or the Department of Commerce and Economic Opportunity's explanation for not producing an economic impact study, available to the public.  Such public hearing may be held simultaneously or as part of any Board hearing considering such new rules [415 ILCS 5/27(b)].  See also Section 102.414.  The second hearing must also permit the presentation of testimony, documents, and comments by affected entities and all other interested persons. [415 ILCS 5/28.5(g)]

e)         The third hearing shall be scheduled to commence within 14 days after the first day of the second hearing and shall be devoted solely to any Agency response to the material submitted at the second hearing and to any response by other parties  [415 ILCS 5/28.5(g)]. In order to cancel the third hearing, the Agency must state on the record at hearing that it and the affected entities are in agreement or notify the Board and the service list in writing.

f)         In order to meet statutory deadlines, hearing dates may be chosen by the assigned Board member and hearing officer without consultation with the participants.  CAAA hearings need only be held in one affected area of the State.

(Source:  Amended at 40 Ill. Reg. 7955, effective May 20, 2016)