TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: ENVIRONMENTAL PROTECTION AGENCY
PART 164
PROCEDURES FOR INFORMATIONAL AND QUASI-LEGISLATIVE PUBLIC HEARINGS
SUBPART A: INTRODUCTION
Section
164.101 Purpose
164.102 Applicability
SUBPART B: PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS
Section
164.201 Notice
164.202 Hearing Officer
164.203 Conduct of Hearing
164.204 Questions
164.205 Written Submissions
SUBPART C: HEARING RECORD
Section
164.301 Contents
164.302 Access
SUBPART D: RESPONSE TO HEARING
Section
164.401 Summary and Agency Statement
AUTHORITY: Implementing and authorized by Section 4 of the Environmental
Protection Act (Ill. Rev. Stat. 1981, ch. 111-1/2, par.1004) and Section
5-10(e)(1) of The Illinois Administrative Procedure Act (Ill. Rev. Stat.,
1991, ch. 127, par 1005-10(e)(1)).
SOURCE: Adopted and codified at 7 Ill. Reg. 372, effective January 10,
1983.
SUBPART A: INTRODUCTION
Section 164.101 Purpose
These procedures are intended:
a) To provide opportunity for the public to understand and comment on
proposed actions of the Illinois Environmental Protection Agency
(Agency);
b) To establish procedures by which the Agency consults interested or
affected members of the public;
c) To enable the Agency to fully consider and respond to public
concerns;
d) To encourage cooperation between the Agency and other governmental
bodies charged with protecting the environment; and
e) To foster openness among the Agency, other governmental bodies,
and the public.
Section 164.102 Applicability
These procedures apply to agency hearings in informational or
quasi-legislative proceedings when hearings are required by law or when the
Director of the Agency determines that a public hearing shall be held.
These procedures do not apply to contested cases or permit hearings for
which other rules apply.
SUBPART B: PROCEDURES FOR INFORMATIONAL PUBLIC HEARINGS
Section 164.201 Notice
a) Notice of a hearing under these procedures shall be given at least
30 days before the hearing.
b) The notice shall include:
1) The date, time, and place of the hearing;
2) The purpose of the hearing;
3) Identification of the Agency division sponsoring the hearing
and any other sponsor if the hearing is jointly sponsored;
4) A reference to the particular sections of the statutes and
rules involved;
5) The name, address, and telephone number of a contact person
from whom additional information regarding the hearing may be
obtained;
6) A statement regarding the submission of written comments;
7) A statement that a copy of the procedural rules governing the
hearing is available upon request; and
8) Other information as determined by the Agency or required by
law.
c) Notice of the hearing shall be given by advertisement in a
newspaper of general circulation in the affected geographical area
or by notice in the Illinois Register.
d) Notice will also be provided to:
1) Interested or affected persons and organizations of which the
Agency is aware or who have requested notification of public
hearings or of Agency actions relating to the subject matter
of the hearing.
2) Other persons as determined by the Agency or as required by
law.
Section 164.202 Hearing Officer
a) The Hearing Officer shall be designated by the Director of the
Agency.
b) The Hearing Officer shall have all authority necessary to conduct
a fair and orderly hearing including, but not limited to, the
authority to:
1) Schedule the hearing;
2) Regulate the course of the hearing;
3) Administer oaths and affirmations;
4) Examine witnesses and direct witnesses to testify;
5) Require persons who testify to do so under oath;
6) Reasonably limit the scope and duration of testimony or
questioning of witnesses; and
7) Extend the time limits for making written submissions.
Section 164.203 Conduct of Hearing
a) The Hearing Officer shall make an opening statement which shall
include the following points:
1) The purpose of the hearing;
2) Issues involved in the decision, if any, to be made by the
Agency;
3) Tentative determinations, if any, already made by the Agency;
4) Factors which the Agency will consider in making the
decision;
5) Information and comments to be solicited from the public at
the hearing;
6) a statement as to what questioning, if any, will be permitted
by the Hearing Officer.
b) The Hearing Officer shall read into the record the names and other
identifying information of persons who have submitted written
statements prior to the hearing.
c) The Hearing Officer shall allow relevant oral statements and all
written statements at the hearing.
d) The Hearing Officer shall admit relevant exhibits into the record.
e) The Hearing Officer may make a closing statement and shall set a
date when the hearing record will close. Unless the Hearing
Officer provides otherwise, this date shall be 30 days from the
date of the last scheduled hearing.
Section 164.204 Questions
The Hearing Officer may allow relevent questions by any person of any
witness or agency representative.
Section 164.205 Written Submissions
Any person may file written submissions either before or during the hearing
or prior to the close of the record. Written submissions may be filed with
the contact person named in the Notice or with the Hearing Officer.
SUBPART C: HEARING RECORD
Section 164.301 Contents
a) The Hearing Officer shall prepare a record of all hearings held
under these procedures.
b) This record shall contain:
1) A transcript of the proceedings, including all written
submissions and exhibits, or an audio recording of the
proceeding;
2) A list of witnesses and submitters of written material;
3) Written submissions and exhibits; and
4) When required by law any recommendations made by the Hearing
Officer.
Section 164.302 Access
Any person may inspect and copy the record pursuant to Agency rules.
SUBPART D: RESPONSE TO HEARING
Section 164.401 Summary and Agency Statement
a) The Agency shall prepare a general summary of comments and
statements in the hearing record and shall respond to the
questions and comments either individually or by category.
b) The Agency shall also prepare a statement of its conclusions,
proposed actions and justifications for its proposed actions.
c) The summary and Agency statement shall be available to the public
upon request to the Agency.
d) The summary shall be available to the public within 45 days after
closing of the record unless the Hearing Officer provides
otherwise.