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91_SB0204
LRB9100699JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 10-103 and adding Section 10-103.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 10-103 and adding Section 10-103.1 as
7 follows:
8 (220 ILCS 5/10-103) (from Ch. 111 2/3, par. 10-103)
9 Sec. 10-103. Proceedings before Commission.
10 (a) In all proceedings, investigations or hearings
11 conducted by the Commission, except in the disposition of
12 matters which the Commission is authorized to entertain or
13 dispose of on an ex parte basis, any finding, decision or
14 order made by the Commission shall be based exclusively on
15 the record for decision in the case, which shall include all
16 pleadings (including all notices and responses to those
17 pleadings), motions, rulings, evidence received, statements
18 of matters officially noticed, offers of proof and objections
19 to and rulings on those offers of proof, proposed findings
20 and exceptions, decisions, opinions, or reports by the
21 hearing examiner, only the transcript of all oral proceedings
22 and testimony, and exhibits together with all papers and
23 requests filed in the proceeding., including, In contested
24 cases, the documents and information described in subsections
25 (b), (c), (d), and (e) of this Section, as well as the
26 documents and information described in Section 10-103.1,
27 shall not form the basis of any findings of fact in a
28 proceeding, investigation, or hearing conducted by the
29 Commission, except upon notice and an opportunity for all
30 parties to participate 10-35 of the Illinois Administrative
31 Procedure Act.
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1 (b) Any communication between a commissioner, his or her
2 assistant, or other person who is or may be expected to be
3 involved in the decisional process of a contested case with
4 any party or representative of a party to a proceeding
5 concerning any matter of fact, law, or policy at issue in the
6 case that occurs after the initial notice of hearing, but
7 before the close of the evidentiary or fact-finding portion
8 of the proceedings, shall be reported in accordance with
9 Section 10-103.1.
10 (c) A commissioner, his or her assistant, and any other
11 person who is or reasonably may be expected to be involved in
12 the decisional process of a contested proceeding shall not,
13 after the close of the evidentiary or fact-finding portion of
14 a contested proceeding and before a final order of the
15 Commission or any order on rehearing, whichever is later,
16 communicate, directly or indirectly, in connection with any
17 matter of fact, law, or policy at issue in the proceeding
18 with any party or representative of a party to the
19 proceeding, except upon notice and opportunity for all
20 parties to participate. From the time a hearing examiner is
21 assigned to the proceeding until a final order of the
22 Commission or any order on rehearing, whichever is later, a
23 hearing examiner shall not communicate, directly or
24 indirectly, in connection with any matter of fact, law, or
25 policy at issue in the proceeding with any person who is not
26 involved in the decisional process, except upon notice and
27 opportunity for all parties to participate. Except as
28 otherwise provided by law, from the time a hearing examiner
29 is assigned to the proceeding until the hearing examiner
30 submits a proposed order to the Commission, a hearing
31 examiner shall not communicate, directly or indirectly, in
32 connection with any matter of fact, law, or policy at issue
33 in the proceeding with any person who is involved in the
34 decisional process, except upon notice and opportunity for
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1 all parties to participate. Nothing in this Section shall
2 prohibit a commissioner from communicating with another
3 commissioner or having the aid or advice of one or more
4 assistants. However, the provisions of Section 10-60 of the
5 Illinois Administrative Procedure Act shall apply in full to
6 and the provisions of subsections (b) and (c) of this Section
7 10-103 shall not apply to proceedings initiated by individual
8 customers, not including customers certified as providers
9 under this Act. shall apply in full to Commission
10 proceedings, including ratemaking cases, any provision of the
11 Illinois Administrative Procedure Act to the contrary
12 notwithstanding. The provisions of Section 10-60
13 (d) The provisions of subsections (b) and (c) of this
14 Section and Section 10-60 of the Illinois Administrative
15 Procedure Act shall not apply, however, to communications
16 with persons who are not parties or representatives of
17 parties to a proceeding and to communications between
18 Commission employees who are engaged in investigatory,
19 prosecutorial or advocacy functions and other parties to the
20 proceeding, provided that such Commission employees are
21 governed by Section 10-60 as modified by subsections (b) and
22 (c) of this Section with respect to communicating still
23 prohibited from communicating on an ex parte basis, as
24 designated in Section 10-60, directly or indirectly, with
25 members of the Commission or their assistants, any hearing
26 examiner in the proceeding, or any Commission employee who is
27 or may reasonably be expected to be involved in the
28 decisional process of the proceeding.
29 (e) Any commissioner, commissioner's assistant, hearing
30 examiner, or other Commission employee who is or may
31 reasonably be expected to be involved in the decisional
32 process of a proceeding, who receives, or who makes or
33 knowingly causes to be made, a communication prohibited by
34 Section 10-60 of the Illinois Administrative Procedure Act as
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1 modified by this Section, shall place on the public record of
2 the proceeding (1) any and all such written communications;
3 (2) memoranda stating the substance of any and all such oral
4 communications; and (3) any and all written responses and
5 memoranda stating the substance of any and all oral responses
6 to the materials described in clauses (1) and (2).
7 (f) The Commission, or any commissioner or hearing
8 examiner presiding over the proceeding, shall in the event of
9 a violation of this Section, take whatever action is
10 necessary to ensure that such violation does not prejudice
11 any party or adversely affect the fairness of the
12 proceedings.
13 (Source: P.A. 88-45.)
14 (220 ILCS 5/10-103.1 new)
15 Sec. 10-103.1. Reporting communications with Commission.
16 Any communication required to be reported under subsection
17 (b) of Section 10-103 shall be reported on the date the
18 communication is made by the commissioner, his or her
19 assistant, or any person who is or may be expected to be
20 involved in the decisional process who makes or receives that
21 communication by filing and serving a notice of communication
22 in a contested case with the Commission. This notice shall
23 be served on the hearing examiner and all parties of record
24 by mail within 7 days of the communication. The notice shall
25 include the following information:
26 (1) the date, time, and location of the
27 communication and whether it was oral, written, or a
28 combination;
29 (2) the identity of the recipients and the persons
30 initiating the communication, as well as the identity of
31 the persons present during the communication; and
32 (3) a description of the communication and its
33 content, including an attached copy of any written
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1 material or text provided during the communication.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.