ILLINOIS POLLUTION CONTROL BOARD
    June
    29,
    1972
    ELGIN JAYCEES
    V.
    )
    #
    71—59
    TRI-COUNTY LANDFILL COMPANY
    etal.
    OPINION
    AND
    ORDER OF THE BOARD TO BAR ATTORNEY
    (by
    Mr. Currie):
    The respondents move that we forbid further participation
    in this case of the attorney for the complainant on the ground
    he has acted in wholly unrelated matters as
    a hearing officer
    for
    the Board,
    Our procedural rule 602
    is cited, which prohibits
    cx parte contacts with Board members or employees about pending
    cases.
    The motion inisconceives
    the rule.
    It forbids
    the attorney
    to talk to the Board about this case, but there
    is no allegation
    he has
    done so.
    Hearing officers are Board employees for this
    purpose only
    in cases
    in which
    they are hearing officers.
    Hearing
    officers
    are employed for discrete cases
    on a contractual basis and
    have
    no continuing relationship
    to the Board.
    Since they cannot under
    Rule
    602 contact the Board
    except as to cases in which they preside,
    there
    is
    no reason they should not participate as parties or counsel
    in other cases.
    If the rule were otherwise
    it would be impossible
    to hire part-time hearing officers, on which
    our program depends.
    The motion
    is denied.
    I, Christan Moffett, Clerk of the Pollution Control,,poard, certify
    that the Board adopted
    the above Opinion this
    &
    9
    day of June,
    1972, by
    a vote of
    _______
    4—733

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