§1480.450. Initiation of Operating Practices Proceeding

a)         An operating practices proceeding shall be initiated by Commission staff through the issuance of a Complaint that shall set forth the alleged violations of the Act.  The Complaint and any notice in the subsequent proceedings may be served by personal delivery on the respondent, or by registered or certified mail to the address last specified by the respondent in the last notification to the Commission. [225 ILCS 422/140]

 

b)         The respondent shall have 30 days from the date of service of the Complaint to file a verified responsive pleading with the Commission.  Failure to respond within the specified time shall result in the matter being set for hearing.  Notice of the time, date and place for the hearing shall be served to the respondent at least 30 days before the date set for the hearing. The written responsive pleading shall be served by personal delivery, certified delivery, or certified or registered mail to the Commission.  [225 ILCS 422/140]

 

c)         At the time and place fixed in the notice, the Commission shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to the defense thereto.  The Commission may continue such hearing from time to time.  At the discretion of the Commission, the respondent's license, registration or recovery permit may be suspended or revoked, if the evidence constitutes sufficient grounds for such action under the Act.  [225 ILCS 422/140]

 

d)         All matters set for hearing as a result of this Section shall be conducted in accordance with the Act and the Commission's Rules of Practice (83 Ill. Adm. Code 200). The Commission's Rules of Practice shall be utilized in addition to, but not in lieu of, the provisions of the Act.  In case of a conflict between the provisions of the Act and the Commission's Rules of Practice, the Act controls.

 

(Source:  Amended at 38 Ill. Reg. 5821, effective March 14, 2014)