ILLINOIS POLLUTION CONTROL BOARD

October 17,

1980

In The Matter Of:

)

)

R 80—18

An~endmentto Chapter

1:

Procedural

Rules 304 and 308

)

Proposed Rule:

First Notice.

ORDER OF THE BOARD

(by J. Anderson):

The Board proposes to amend Rules 304 and 308 of Chapter 1:

Procedural

Rules.

Deleted language is stricken and new language

is underlined.

304 Notice, a~4Formal Complaint, and Answer

(a)—(c) No change.

(d)

Respondent may file an answer within

30 days of receipt

of the complaint.

All material alleg~ationsof the

complaint shall be taken as denied if not specifically

admitted by the answer, or if no answer is filed.

Affirmative defenses not raised by way of answer

shall be deemed waived.

308

Motions and Ai~we~sResponses

(a)

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All motions preliminary to a hearing

shall be presented to the Board or to the Hearing Officer

at least 14 days prior to the date of the hearing, or on

such other date as the Hearing Officer or the Board shall

designate.

All motions by respondent to dismiss or strike

the complaint or challenging the jurisdiction of the Board

shall be filed within

14 days after receipt of the complaint,

shall be directed to the Board and shall be disposed of

prior to the hearing on the complaint,

subject, however

to the provisions of subsection

fe)

and

(i) of this Rule.

Motions by complainant to voluntarily dismiss an action

against any or all parties

as to any or all claims shall

be directed to the Board and may be made orally upon the

hearing record or in writing at least 14 days prior to

the date of the hearing. All motions must be served on

all parties,

including the Agency and its representative

and the Hearing Officer designated by the Board with proof

of service.

Oral argument on motions before the Board

shall be permitted only by order of the Board.

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2

(b)

Unless made orally on the record during a hearing or

unless the Hearing Officer directs otherwise,

a motion

shall be in writing,

shall state the reasons for and

grounds upon which the motion is made, and may be

accompanied by any affidavits or other evidence relied

on, and, when appropriate, by a proposed order.

All

written motions by complainant to voluntarily dismiss

an action shall

be accompanied by affidavit.

(c)-(d)

No Change.

(e)

The Hearing Officer shall rule upon all motions, except

that he shall have no authority to dismiss, or rule upon

a motion to dismiss or decide a proceeding on the merits,

or for failure to state a claim,

or for want of jurisdiction,

or to strike any claim or defense for insufficiency or

want of proof.

The Hearing Officer shall refer any such

motions to the Board pursuant to subparagraph

(a) of this

section.

Notwithstanding the provisions of paragraph

(a)

above,

the Board in its discretion, may direct that hearing

on the proceeding be conducted and,

in its discretion, may

take all motions directed to it with the case.

This con-

ditional ruling by the Board shall not foreclose a party

from advancing the same contentions as to jurisdiction

or adequacy of the complaint upon the completion of the

hearing.

When ruling on a motion by complainant for

voluntary dismissal of an action,

the Board shall

dismiss the action without leave to reinstate if

justice so demands.

(f)-(i)

No Change.

The record will be held open for written comments for 45 days

from the date of publication in the Illinois Register.

IT IS SO

ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois

Pollution

Control Bo~rd,hereby cer if

that the above Order was adopted

on the

JT1

~‘

day of

____________,

1980 by a vote of

______

(~A~

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~ristan

L. Moff~

Clerk

Illinois Pollutio

ontrol Board