ILLINOIS
POLLUTION
CONTW)L
BOARD
February
28, 1974
Mrs.
Maurice
Mcclure
and
)
Mrs.
Joseph
A.
Ringbauer,
)
)
Complainants,
)
)
vs.
)
PCB 73—357
)
PCB
73—358
Foremost Liquors,
)
)
Respondent.
)
ORDER OF THE
BOARD
(by
Mr. Seaman):
On February 19, 1974, Foremost Liquors, Respondent
in the above-captioned cause, filed its motion for
re-
hearing.
Petitioner alleges that “while being aware of
the
ccmplaint
filed
against
it,
Cit
appeared
to
answer
the
ccmplaint
on
the
wrong
date,
which
appearance
was
made
by
him
in
fact
after
the
hearing
on
the
complaint
was
heard.’
Petitioner contents itself with this bare asserticn,
offering no reason for its failure to appear at the heartng.
At the October 8, 1973 hearing in this matter, the
Hearing Officer, Alexander P. Matug, stated as follows:
~second of all, for the Board’s con-
sideration of this matter,
I would just
like to mention that the order which
the Board has a copy of in the file, was
delivered to Foremost Liquor, and I will
present to the ‘Board the certificate of
receipt, the Certified Mail Return
Receipt, and it shows that the day it
was delivered was the 11th day of Septem-
ber, 1973.
Also for the record, I will enclose to
the Board the statement frcaChristan L.
Moffett, the Clerk of the Pollution Con-
trol Board, that this matter was in fact
published pursuant to the Board’ s rules
in a newspaper of general circulation,
to give notice to all parties concerned.
Also for the Board, I would like to state
that on the 15th of September,
1973,
I
u-n
—2—
personally delivered to
Mr. Caravetta,
the owner of the liquor store
in
question,
a copy of the Board’s pro-
cedural rules, and also
at this time,
once again, informed him that the
hearing date was the 8th of October,
1973,
and that the place of the hearing
was the Oak Lawn Public Library.”
(R.
22,23)
Petitioner’s request for a re—hearing
to review
the
Order entered January
4,
1974
is denied.
IT
IS SO ORDERED.
I,
Christan L.
Moffett, Clerk
~f the Illinois PoiJution
Control Board, certify that the above Order was adopted
on this
~
day ~
1974 by a vote o±
11—378