ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1990
    JOSEPH P. COMER and MICHELLE
    )
    S. COMER d/b/a/ FLAMINGO LAKE,
    )
    )
    Complainant,
    v.
    )
    PCB 90—145
    (Enforcement)
    GALLATIN NATIONAL CO.,
    Respondent.
    ORDER OF THE BOARD (by J. 0. Dumelle):
    This matter is before the Board on a Motion to Recuse the
    Hearing Officer filed by the Complainants on November 29, 1990.
    On December 3, 1990, the Hearing Officer sent a letter to the
    Complainants which responds to their motion. The Board received
    a copy of that letter on December 4, 1990.
    In support of their motion Complainants state that the
    Hearing Officer informed them that he. had formerly worked for the
    attorneys representing the Respondent and that the Hearing
    Officer was friends with one of the attorneys at the firm. In
    addition, Complainants state that they “also had problems” with
    the Hearing Officer. (p. 1 ofMotion).
    The Hearing Officer stated that he had informed the
    Complainants of his former association with the firm representing
    Respondent; however, he also stated that he believed he could act
    fairly and impartially. The Hearing Officer stated that he
    continues to believe that he can act fairly and impartially. The
    Hearing Officer also pointed out that he has served as the
    Board’s Hearing Officer in another case where the Respondent is a
    party and no one asked that he be recused. (p. 2 of Letter).
    The Board believes that the Hearing Officer can act fairly
    and impartially in this matter; therefore, the Motion to Recuse
    is denied.
    IT IS SO ORDERED.
    117—109
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif
    the
    _______
    c~5tZ~day of y~~e~~ve
    ~,
    Order
    ,
    1990,was adoptedby a voteon
    of 7’—O
    ~nn,Cler6L
    ~
    Illinois P0 lution Control Board
    117—110

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