Public Act 098-0895
 
HB4235 EnrolledLRB098 14541 JWD 49309 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Civil Administrative Code of Illinois is 
amended by adding Section 5-720 as follows:
 
    (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.
 
    Section 10. The Illinois Independent Tax Tribunal Act of 
2012 is amended by changing Section 1-80 as follows:
 
    (35 ILCS 1010/1-80)

    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.

(Source: P.A. 97-1129, eff. 8-28-12.)
 
    Section 15. The Public Utilities Act is amended  by changing 
Section 10-101 as follows:
 



    (220 ILCS 5/10-101)  (from Ch. 111 2/3, par. 10-101)



    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 
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 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

Commission shall be open to the public.

    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 
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 hearing examiners.

    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.

    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. 88-45.)