35 ILCS 1010/ Illinois Independent Tax Tribunal Act of 2012.

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35 ILCS 1010/Art. 1

(35 ILCS 1010/Art. 1 heading) ARTICLE 1. ILLINOIS INDEPENDENT TAX

TRIBUNAL ACT OF 2012(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-1

(35 ILCS 1010/1-1)

Sec. 1-1. Short title. This Act may be cited as the Illinois Independent Tax Tribunal Act of 2012.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-5

(35 ILCS 1010/1-5)

Sec. 1-5. Statement of purpose.

(a)  To increase public confidence in the fairness of the State tax system, the State shall provide an independent administrative tribunal with tax expertise to resolve tax disputes between the Department of Revenue and taxpayers prior to requiring the taxpayer to pay the amounts in issue.  By establishing an independent tax tribunal, this Act provides taxpayers with a means of resolving controversies that ensures both the appearance and the reality of due process and fundamental fairness.

(b)  The Illinois Independent Tax Tribunal shall provide administrative hearings in all tax matters except those matters reserved to the Department of Revenue  or another entity by statute, and shall render decisions and orders relating to matters under its jurisdiction.  A Tax Tribunal administrative hearing shall be commenced by the filing of a petition with the Tribunal protesting a tax determination made by the Department of Revenue.

(c)  It is the intent of the General Assembly that this Act foster the settlement or other resolution of tax disputes to the extent possible and, in cases in which litigation is necessary, to provide the people of this State with a fair, independent,  and tax-expert forum to determine  tax disputes with the Department of Revenue.  The Act shall be liberally construed to further this intent.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-10

(35 ILCS 1010/1-10)

    Sec. 1-10. Definitions. For the purposes of this Act:
    "Department" means the Department of Revenue.

"Taxpayer" means a person who has received a protestable notice of assessment, a claim denial, or a protestable notice of penalty liability within the Tax Tribunal's jurisdiction pursuant to Section 1-45 of this Act.

"Tax Tribunal" means the Illinois Independent Tax Tribunal established pursuant to Section 1-15 of this Act.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-15

(35 ILCS 1010/1-15)

Sec. 1-15. Independent Tax Tribunal; establishment.

(a) For the purpose of effectuating the policy declared in Section 1-5 of this Act, a State agency known as the Illinois Independent Tax Tribunal is created.  The Tax Tribunal shall have the powers and duties enumerated in this Act, together with such others conferred upon it by law.  The Tax Tribunal shall operate as an independent agency, and shall be separate from the authority of the Director of Revenue and the Department of Revenue.

(b) Except as otherwise limited by this Act, the Tax Tribunal has all of the powers necessary or convenient to carry out the purposes and provisions of this Act, including, without limitation, each of the following:

(1) To have a seal, and to alter that seal at

pleasure, and to use it by causing it or a facsimile to be affixed or impressed or reproduced in any other manner.

(2) To accept and expend appropriations.
(3) To obtain and employ personnel as required in

this Act, including any additional personnel necessary to fulfill the Tax Tribunal's purposes, and to make expenditures for personnel within the appropriations for that purpose.

(4) To maintain offices at such places as required

under this Act, and elsewhere as the Tax Tribunal may determine.

(5) To engage in any activity or operation that is

incidental to and in furtherance of efficient operation to accomplish the Tax Tribunal's purposes.

(c) Unless otherwise stated, the Tax Tribunal is subject to the provisions of all applicable laws, including, but not limited to, each of the following:

(1) The State Records Act.
(2) The Illinois Procurement Code, except that the

Illinois Procurement Code does not apply to the hiring of the chief administrative law judge or other administrative law judges pursuant to Section 1-25 of this Act.

(3) The Freedom of Information Act, except as

otherwise provided in Section 7 of that Act.

        (4) The State Property Control Act.
        (5) The State Officials and Employees Ethics Act.
        (6) The Illinois Administrative Procedure Act, to the

extent not inconsistent with the provisions of this Act.

(7) The Illinois State Auditing Act. For purposes of

the Illinois State Auditing Act, the Tax Tribunal is a "State agency" within the meaning of the Act and is subject to the jurisdiction of the Auditor General.

(d) Notwithstanding any provision in the tax statutes listed in Section 1-45 of this Act, the Tax Tribunal shall exercise its jurisdiction on and after January 1, 2014, and any protests prior to that date shall continue to be filed with the Department, and the Department shall exercise jurisdiction over such matters, but the administrative law judges of the Tax Tribunal may be appointed prior to that date and may take any action prior to that date that is necessary to enable the Tax Tribunal to properly exercise its jurisdiction on or after that date. Any administrative proceeding commenced on or after June 1, 2013, that would otherwise be subject to the jurisdiction of the Illinois Independent Tax Tribunal may be conducted according to the procedures set forth in this Act if the taxpayer so elects.  Such an election shall be irrevocable and may be made on or after January 1, 2014, but no later than February 1, 2014.

(Source: P.A. 97-1129, eff. 8-28-12; 98-24, eff. 6-19-13; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-20

(35 ILCS 1010/1-20)

Sec. 1-20. Transfer of administrative record.

If the taxpayer makes an election pursuant to Section 1-15 of this Act to remove a proceeding to the Tax Tribunal, any document, including pleadings and orders, that would constitute part of the administrative record within the meaning of Section 3-108 of the Administrative Review Law shall be transferred to the Tax Tribunal.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-25

(35 ILCS 1010/1-25)

Sec. 1-25. Judges; number; term of office; removal.

(a) The Governor shall, with the advice and consent of the Senate, appoint a  Chief Administrative Law Judge to be the executive of the Tax Tribunal.  The Chief Administrative Law Judge shall serve a 5-year term.  The Governor may appoint additional administrative law judges, with the advice and consent of the Senate, as necessary to carry out the provisions of this Act, provided that no more than 4 administrative law judges, including the Chief Administrative Law Judge, shall serve at the same time.  The administrative law judges, other than the Chief Administrative Law Judge, shall initially be appointed to staggered terms of no greater than 4 years.  After the initial terms of office, all administrative law judges, other than the Chief Administrative Law Judge, shall be appointed for terms of 4 years.  Each administrative law judge is eligible for reappointment.

(b) Once appointed and confirmed, each administrative law judge shall continue in office until his or her term expires and until a successor has been appointed and confirmed.

(c) The office of an administrative law judge under this Section shall be vacant upon the administrative law judge's death, resignation, retirement, or removal, or upon the conclusion of his or her term without reappointment.  Within 30 days after such a vacancy occurs, a successor administrative law judge shall be appointed by the Governor, with the advice and consent of the Senate, for the remainder of the current unexpired term for that vacancy.  In case of vacancies during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when the Governor shall nominate some person to fill the office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until his or her successor is appointed and qualified.  No person rejected by the Senate for the office of an administrative law judge under this Section shall, except at the Senate's request, be nominated again for that office at the same session or be appointed to that office during a recess of that Senate.

(d) The Governor may remove an administrative law judge of the Tax Tribunal, after notice and an opportunity to be heard, for incompetency, neglect of duty, inability to perform duties, malfeasance in office, or other good cause.

(e) Each administrative law judge of the Tax Tribunal, including the Chief Administrative Law Judge, shall receive an annual salary equal to that of the Director of the Department of Revenue.  The Chief Administrative Law Judge shall receive an additional $15,000 annual stipend.

(f)  The Chief Administrative Law Judge shall have sole charge of the administration of the Tax Tribunal and shall apportion among the judges all causes, matters, and proceedings coming before the Tax Tribunal.  Each administrative law judge shall exercise the power of the Tax Tribunal.

(g) An administrative law judge may disqualify himself or herself on his or her own motion in any matter, and may be disqualified for any of the causes specified in the Illinois Code of Judicial Conduct.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-30

(35 ILCS 1010/1-30)

Sec. 1-30. Judges; qualifications; prohibition against other gainful employment.

(a)  Each administrative law judge of the Tax Tribunal shall be a citizen of the United States and, during the period of his or her service, a resident of this State.  No person may be appointed as an administrative law judge unless, at the time of the appointment, the individual has been licensed to practice law in Illinois for  a minimum of 8 years and has substantial knowledge of State tax laws and the making of a record in a tax case suitable for judicial review.

(b) Before entering upon the duties of office, each administrative law judge shall take and subscribe to an oath or affirmation that he or she will faithfully discharge the duties of the office, and such oath shall be filed in the office of the Secretary of State.

(c) Each administrative law judge shall devote his or her full time during business hours to the duties of his or her office.  An administrative law judge shall not engage in any other gainful employment or business, nor hold another office or position of profit in a government of this State, any other State, or the United States.  Notwithstanding the foregoing provisions, an administrative law judge may own passive interests in business entities and may earn income from incidental teaching, publishing,  or scholarly activities.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-35

(35 ILCS 1010/1-35)

    Sec. 1-35. Principal office; locations; facilities.
    (a) The Tax Tribunal shall maintain its principal offices in both Sangamon County and Cook County, Illinois.

(b) The Tax Tribunal shall conduct hearings at any of its offices.  If the taxpayer does not have his or her place of business in this State, such hearing shall be held at the office designated by the Tax Tribunal in either Cook or Sangamon County.    Taxpayers whose residence or place of business is more than 100 miles from either the Sangamon County or Cook County Tax Tribunal office may petition the Tax Tribunal for an alternate hearing location, with a view toward securing to taxpayers a reasonable opportunity to appear before the Tax Tribunal with as little inconvenience and expense as possible.

(c) The State shall provide hearing rooms, chambers, and offices for the Tax Tribunal in both Sangamon County and Cook County and shall arrange for hearing rooms, chambers, and offices or other appropriate facilities when hearings are held elsewhere.

(d) The offices of the Tax Tribunal shall be separate and distinct from the offices of the Department.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-40

(35 ILCS 1010/1-40)

Sec. 1-40. Appointment of clerk and reporter; expenditures of the Tax Tribunal.

(a) The Tax Tribunal shall appoint a clerk and a reporter, and may appoint such other employees and make such other expenditures, including expenditures for libraries, publications, and equipment, as are necessary to permit it to efficiently execute its functions.

(b) The reporter shall be subject to the provisions of  the Court Reporters Act as if appointed by a judge of the circuit court, except where such provisions are in conflict with this Act.

(c) No employee of the Tax Tribunal shall act as attorney, representative, or accountant for others in a matter involving any tax imposed or levied by this State or any other state or local jurisdiction.

(d) An employee of the Tax Tribunal, other than an Administrative Law Judge, may be removed by the Chief Administrative Law Judge in accordance with the Personnel Code.

(e) In addition to the services of the official reporter, the Tax Tribunal may contract the reporting of its proceedings and, in the contract, fix the terms and conditions under which transcripts will be supplied by the contractor to the Tax Tribunal and to other persons and agencies.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-45

(35 ILCS 1010/1-45)

Sec. 1-45. Jurisdiction of the Tax Tribunal.

(a) Except as provided by the Constitution of the United States, the Constitution of the State of Illinois, or any statutes of this State, including, but not limited to, the State Officers and Employees Money Disposition Act, the Tax Tribunal shall have original jurisdiction over all determinations of the Department reflected on a Notice of Deficiency, Notice of Tax Liability, Notice of Claim Denial, or Notice of Penalty Liability issued under the Illinois Income Tax Act, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Cigarette Tax Act, the Cigarette Use Tax Act, the Tobacco Products Tax Act of 1995, the Hotel Operators' Occupation Tax Act, the Motor Fuel Tax Law, the Automobile Renting Occupation and Use Tax Act, the Coin-Operated Amusement Device and Redemption Machine Tax Act, the Gas Revenue Tax Act, the Water Company Invested Capital Tax Act, the Telecommunications Excise Tax Act, the Telecommunications Infrastructure Maintenance Fee Act, the Public Utilities Revenue Act, the Electricity Excise Tax Law, the Aircraft Use Tax Law, the Watercraft Use Tax Law, the Gas Use Tax Law, or the Uniform Penalty and Interest Act.  Jurisdiction of the Tax Tribunal is limited to Notices of Tax Liability, Notices of Deficiency, Notices of Claim Denial, and Notices of Penalty Liability where the amount at issue in a notice, or the aggregate amount at issue in multiple notices issued for the same tax year or audit period, exceeds $15,000, exclusive of penalties and interest.   In notices solely asserting either an interest or penalty assessment, or both, the Tax Tribunal shall have jurisdiction over cases where the combined total of all penalties or interest assessed exceeds $15,000.

(b) Except as otherwise permitted by this Act and by the Constitution of the State of Illinois or otherwise by State law, including, but not limited to, the State Officers and Employees Money Disposition Act, no person shall contest any matter within the jurisdiction of the Tax Tribunal in any action, suit, or proceeding in the circuit court or any other court of the State.  If a person attempts to do so, then such action, suit, or proceeding shall be dismissed without prejudice.  The improper commencement of any action, suit, or proceeding does not extend the time period for commencing a proceeding in the Tax Tribunal.

(c) The Tax Tribunal may require the taxpayer to post a bond equal to 25% of the liability at issue (1) upon motion of the Department and a showing that (A) the taxpayer's action is frivolous or legally insufficient or (B) the taxpayer is acting primarily for the purpose of delaying the collection of tax or prejudicing the ability ultimately to collect the tax, or (2) if, at any time during the proceedings, it is determined by the Tax Tribunal that the taxpayer is not pursuing the resolution of the case with due diligence.  If the Tax Tribunal finds in a particular case that the taxpayer cannot procure and furnish a satisfactory surety or sureties for the kind of bond required herein, the Tax Tribunal may relieve the taxpayer of the obligation of filing such bond, if, upon the timely application for a lien in lieu thereof and accompanying proof therein submitted, the Tax Tribunal is satisfied that any such lien imposed would operate to secure the assessment in the manner and to the degree as would a bond.  The Tax Tribunal shall adopt rules for the procedures to be used in securing a bond or lien under this Section.

(d) If, with or after the filing of a timely petition, the taxpayer pays all or part of the tax or other amount in issue before the Tax Tribunal has rendered a decision, the Tax Tribunal shall treat the taxpayer's petition as a protest of a denial of claim for refund of the amount so paid upon a written motion filed by the taxpayer.

    (e) The Tax Tribunal shall not have jurisdiction to review:
        (1) any assessment made under the Property Tax Code;
        (2) any decisions relating to the issuance or denial

of an exemption ruling for any entity claiming exemption from any tax imposed under the Property Tax Code or any State tax administered by the Department;

(3) a notice of proposed tax liability, notice of

proposed deficiency, or any other notice of proposed assessment or notice of intent to take some action;

(4) any action or determination of the Department

regarding tax liabilities that have become finalized by law, including but not limited to the issuance of liens, levies, and revocations, suspensions, or denials of licenses or certificates of registration or any other collection activities;

(5) any proceedings of the Department's informal

administrative appeals function; and

(6) any challenge to an administrative subpoena

issued by the Department.

(f) The Tax Tribunal shall decide questions regarding the constitutionality of statutes and rules adopted by the Department as applied to the taxpayer, but shall not have the power to declare a statute or rule unconstitutional or otherwise invalid on its face.  A taxpayer challenging the constitutionality of a statute or rule on its face may present such challenge to the Tax Tribunal for the sole purpose of making a record for review by the Illinois Appellate Court.  Failure to raise a constitutional issue regarding the application of a statute or regulations to the taxpayer shall not preclude the taxpayer or the Department from raising those issues at the appellate court level.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-50

(35 ILCS 1010/1-50)

Sec. 1-50. Pleadings.

(a) A taxpayer may commence a proceeding in the Tax Tribunal by filing a petition protesting the Department's determination imposing a liability for tax, penalty, or interest, or denying a claim for refund or credit application.  The petition shall be filed within the time permitted by statute for filing a protest.

(b)  The Department shall file its answer in the Tax Tribunal no later than 30 days after its receipt of the Tax Tribunal's notification that the taxpayer has filed a petition in the proper form or within such additional time as the Tax Tribunal may specify.   The Department shall serve a copy of its answer on the taxpayer's representative or, if the taxpayer is not represented, on the taxpayer, and shall file proof of such service with the answer.   Material facts alleged in the petition, if not expressly admitted or denied in the answer, shall be deemed admitted.

(c) Either party may amend a pleading once without leave at any time before the period for responding to it expires.  After such time, a pleading may be amended only with the written consent of the adverse party or with the permission of the Tax Tribunal.  The Tax Tribunal shall freely grant consent to amend upon such terms as may be just.  Except as otherwise ordered by the Tax Tribunal, there shall be an answer to an amended pleading if an answer is required to the pleading being amended.  Filing of the answer, or, if the answer has already been filed, the amended answer shall be made no later than 30 days after the filing of the amended petition.  The taxpayer may not amend a petition after expiration of the time for filing a petition, if such amendment would have the effect of conferring jurisdiction on the Tax Tribunal over a matter that would otherwise not come within its jurisdiction.  An amendment of a pleading shall relate back to the time of filing of the original pleading only as prescribed by Section 2-616 of the Code of Civil Procedure.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-55

(35 ILCS 1010/1-55)

    Sec. 1-55. Fees.
    (a) The Tax Tribunal shall impose a fee of $500 for the filing of petitions.

(b) The Tax Tribunal may fix a fee, not in excess of the fees charged and collected by the clerk of the circuit courts, for comparing, or for preparing and comparing, a transcript of the record, or for copying any record, entry, or other paper and the comparison and certification thereof.

(c)  Fees collected under this Section shall be deposited into the Illinois Independent Tax Tribunal Fund, a special fund created in the State treasury.  Moneys
deposited into the  Fund shall be appropriated to the Tax Tribunal to
reimburse the Tax Tribunal for costs associated with administering and enforcing the provisions of this Act.

(d)  The Tax Tribunal shall not assign any costs or attorney's fees incurred by one party against another party.  Claims for expenses and attorney's fees under Section 10-55 of the Illinois Administrative Procedure Act  shall first be made to the Department of Revenue.  If the claimant is dissatisfied because of the Department's failure to make any award or because of the insufficiency of the award, the claimant may petition the Court of Claims for the amount deemed owed.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-60

    (35 ILCS 1010/1-60)
    Sec. 1-60. Discovery and stipulation.

(a) The parties to the proceeding shall comply with the Supreme Court Rules for Civil Proceedings in the Trial Court regarding Discovery, Requests for Admission, and Pre-Trial Procedure.

(b) An administrative law judge or the clerk of the Tax Tribunal, on the request of any party to the proceeding, shall issue subpoenas requiring the attendance of witnesses and giving of testimony and subpoenas duces tecum requiring the production of evidence or things.

(c) Any employee of the Tax Tribunal designated in writing for that purpose by the Chief Administrative Law Judge may administer oaths.

(d) The Tax Tribunal may enforce its order on discovery and other procedural issues, among other means, by deciding issues wholly or partly against the offending party.

(Source: P.A. 103-605, eff. 7-1-24.)

35 ILCS 1010/1-63

(35 ILCS 1010/1-63)

Sec. 1-63. Mediation.

At any point in the proceedings before the Tax Tribunal, but prior to the hearing under Section 1-65 of this Act, the parties may jointly petition the Tax Tribunal for mediation.  The purpose of the mediation shall be to attempt to settle any contested issues or the case in its entirety.  An administrative law judge other than the one initially assigned to hear the case shall serve as the mediator.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-65

(35 ILCS 1010/1-65)

    Sec. 1-65. Hearings.
    (a) Proceedings before the Tax Tribunal shall be tried de novo.

(b) Except as set forth in this Act or otherwise precluded by law, the Tax Tribunal shall take evidence, conduct hearings, rule on motions, and issue final decisions.

(c)  Hearings shall be open to the public.  Taxpayers may petition the Tax Tribunal to close portions of the hearing for good cause shown.  Taxpayers may also petition the Tax Tribunal to require that certain pleadings or portions thereof be filed, or that certain evidence or portions thereof be admitted, under seal in order to prevent economic or other harm to the taxpayer.  Original tax return documents, schedules, or other attachments and any copies thereof shall not be made available to the public for inspection or copying.  Nothing in this Section shall operate to restrict the transmission of records to the appellate court.

(d) Hearings shall be conducted in accordance with such rules of practice and procedure as the Tax Tribunal shall promulgate.

(e) The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed.

(f) Subject to the evidentiary requirements of subsection (e) of this Section, a party may conduct cross examination required for a full and fair disclosure of the facts.

(g) Notice may be taken by the Tax Tribunal of matters of which the circuit courts of this State may take judicial notice.  Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed.

(h) Testimony may be given only on oath or affirmation.

(i) The petition and other pleadings in the proceeding shall be deemed to conform to the proof presented at the hearing, unless a party satisfies the Tax Tribunal that presentation of the evidence would unfairly prejudice the party in maintaining its position on the merits or unless deeming the taxpayer's petition to conform to the proof would confer jurisdiction on the Tax Tribunal over a matter that would not otherwise come within its jurisdiction.

(j) In the case of an issue of fact, the taxpayer shall have the burden of persuasion by a preponderance  of the evidence.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-67

(35 ILCS 1010/1-67)

Sec. 1-67.

Temporary suspension of proceedings.

(a)    If any  party to a proceeding pending in the Tax Tribunal is also a defendant in a criminal case pending in any court in this State involving the same conduct as the case before the Tax Tribunal, then, upon motion of any party or the Attorney General, or upon its own motion, the Tax Tribunal shall enter an order staying the proceeding.

(b)  If the Attorney General or the Department determines that the interests of justice so require, either may file an ex parte motion with the Chief Administrative Law Judge requesting that any proceeding pending before the Tax Tribunal be stayed.  If the Chief Administrative Law Judge finds that the motion reasonably shows that the proceeding may interfere with an ongoing criminal investigation, the Chief Administrative Law Judge shall enter an order staying the proceeding.  The denial of a motion to enter an order staying the proceeding is a final administrative decision within the meaning of Section 3-101 of the Administrative Review Law and may be reviewed by the Circuit Court pursuant to the Administrative Review Law.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-70

(35 ILCS 1010/1-70)

Sec. 1-70. Decisions.

(a)  The Tax Tribunal shall render its decision in writing, including in that writing a concise statement of the facts found and the conclusions of law reached.  The Tax Tribunal's decision shall, subject to law, grant such relief, invoke such remedies, and issue such orders as it deems appropriate to carry out its decisions.  The Tax Tribunal shall promptly mail a notice of its decision to the taxpayer and to the Department.

(b) The Tax Tribunal shall render its decision no later than 90 days after submission of the last brief filed subsequent to completion of the hearing or, if briefs are not submitted, then no later than 90 days after completion of the hearing.  The Tax Tribunal may extend the 90 day period, for good cause, up to 30 additional days.

(c) If the Tax Tribunal fails to render a decision within the prescribed period, either party may institute a proceeding in the circuit court to compel issuance of a decision.

(d) The Tax Tribunal's decision shall finally decide the matters in controversy, unless any party to the matter  timely appeals the decision as provided in Section 1-75 of this Act.

(e) A decision of the Tax Tribunal shall become final 35 days after the issuance of a notice of decision.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-75

(35 ILCS 1010/1-75)

Sec. 1-75. Appeals.

(a) The taxpayer and  the Department are entitled to judicial review of a final decision of the Tax Tribunal in the Illinois Appellate Court, in accordance  with Section 3-113 of the Administrative Review Law.

(b) The record on judicial review shall include the decision of the Tax Tribunal, the stenographic transcript of the hearing before the Tax Tribunal, the pleadings and all exhibits and documents admitted into evidence.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-80

    (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 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; 98-895, eff. 1-1-15.)

35 ILCS 1010/1-85

(35 ILCS 1010/1-85)

Sec. 1-85. Publication of decisions and electronic submission of documents.

(a)  The Tax Tribunal shall, within 180 days of the issuance of a decision, index and publish its final decision in such print or electronic form as it deems best adapted for public convenience.   Such publications shall be made permanently available and constitute the official reports of the Tax Tribunal.

(b) All published decisions shall be edited by the Tax Tribunal so that the identification number of the taxpayer and any related entities or employees, and any trade secrets or other intellectual property, are not disclosed or identified.

(c) Within 30 days following the issuance of any hearing decision, the taxpayer affected by the decision may also request that the Tax Tribunal omit specifically identified trade secrets or other confidential or proprietary information prior to publication of the decision.  The Tax Tribunal shall approve those requests if it determines that the requests are reasonable and that the disclosure of such information would potentially cause economic or other injury to the taxpayer.

(d) The Tax Tribunal shall provide, by rule, reasonable requirements for the electronic submission of documents and records and the method and type of symbol or security procedure it will accept to authenticate electronic submissions or as a legal signature.

(e) Each year, no later than October 1, the Tax Tribunal shall report to the General Assembly regarding the Tax Tribunal's operations during the prior fiscal year.  Such report shall include the number of cases opened and closed, the size of its docket, the average age of cases, the dollar amount of cases by tax type, the number of cases decided in favor of the Department, the number of cases decided in favor of the taxpayer, the number of cases resolved through mediation or settlement, and such other statistics so as to apprise the General Assembly of whether the Tax Tribunal has successfully accomplished its mission to fairly and efficiently adjudicate tax disputes.

(Source: P.A. 97-1129, eff. 8-28-12; 98-463, eff. 8-16-13.)

35 ILCS 1010/1-90

(35 ILCS 1010/1-90)

Sec. 1-90. Service of process and mailings.

(a) Mailings by first class or certified or registered mail, postage prepaid, to the address of the taxpayer given on the taxpayer's petition, or to the address of the taxpayer's representative of record, if any, or to the usual place of business of the Department, shall constitute personal service on the other party.  The Tax Tribunal may by rule prescribe that notice by other means shall constitute personal service and may in a particular case order that notice be given to additional persons or by other means.

(b) Mailing by registered or certified mail and delivery by a private delivery service approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal Revenue Code of 1986, as amended, shall be deemed to have occurred, respectively, on the date of mailing and the date of submission to the private delivery service.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-95

(35 ILCS 1010/1-95)

Sec. 1-95. Rules and forms.

The Tax Tribunal is authorized to promulgate and adopt all reasonable rules and forms as may be necessary or appropriate to carry out the intent and purposes of this Act.  Rules shall be adopted in accordance with the rulemaking procedures of Article 5 of the Illinois Administrative Procedure Act.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/1-100

(35 ILCS 1010/1-100)

Sec. 1-100. Confidentiality.

All information received by the Tax Tribunal as a result of a hearing or investigation conducted under the provisions of this Act shall be public, except for tax returns and information received under seal pursuant to Section 1-65, and information received in relation to any mediation proceedings conducted under Section 1-63.

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/Art. 5

(35 ILCS 1010/Art. 5 heading)

ARTICLE 5.

AMENDATORY PROVISIONS

(Source: P.A. 97-1129, eff. 8-28-12.)

35 ILCS 1010/5-5

(35 ILCS 1010/5-5)

Sec. 5-5. (Amendatory provisions; text omitted).