ILLINOIS POLLUTION CONTROL BOARD
    September
    4,
    1980
    IN THE MATTER OF:
    Amendments to the Procedural
    )
    R80-2
    Rules
    )
    Adopted Rule.
    Final Order
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    On July
    10,
    1980, the Board issued an Opinion and Order
    in this matter.
    That Order was subject to modification in
    the event of comment or objection by the Joint Committee on
    Administrative Rules during the second notice period.
    This
    proposed rulemaking had been published in the Illinois Register
    on March 14,
    1980.
    The second notice period commenced August
    1,
    1980.
    In response to Joint Committee comments the Board agreed
    to some modification in language
    to clarify the intent of the
    proposed rule.
    Based upon these changes the Joint Committee
    certified on August 22,
    1980,
    that no objection would be issued,
    thus ending the second notice period.
    Therefore, the Board hereby adopts the proposed rule
    as set forth below.
    The Clerk
    is directed to file the rule
    with the Secretary of State to replace the current Rule 311
    of the Illinois Pollution Control Board Chapter
    1:
    Procedural
    Rules.
    311 Continuances
    (a) A motion for continuance for any enforcement, variance
    or permit appeal proceeding shall be granted by the Hearing
    Officer whenever justice may require.
    All motions for continuance
    must be supported by an affidavit or written motion before
    the Hearing Officer by the person or persons having knowledge
    of the facts
    supporting the motion.
    Provided, however, that
    if the Board determines,
    in its discretion,
    that any variance
    petition, permit appeal, or enforcement case is not proceeding
    expeditiously to a conclusion, the Board shall order such
    actions as it deems appropriate to reach an expeditious
    conclusion.
    (b) No continuance shall be granted to the petitioner for
    any variance or permit appeal proceeding unless the deadline
    for final Board action, whenever applicable,
    is extended by
    the petitioner
    for a like period,
    as
    a minimum.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Adopted Ru e
    and Final Order was ~opted
    on the
    44~
    day of
    __________
    1980 by a vote of
    ~
    -O
    Christan L. Moff
    lerk
    Illinois Pollution
    ontrol Board

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