ILLINOIS POLLUTION CONTROL BOARD

December 14, 1978

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 77—341

ORDMAN’S PARK & SHOP, INC., an

Illinois corporation,

Respondent.

INTERIM ORDER OF THE BOARD (by

Mr.

Goodman):

A hearing was scheduled in this matter for July 7, 1978 in

Joliet, Illinois. Due to an unfortunate set of circumstances,

however, the parties and the hearing officer appeared at the

hearing, but no court reporter was present. A Stipulation and

Proposed Settlement (Stipulation) was presented to the Hearing

Officer. The Board is now requested to reach a decision based

upon the Stipulation

and

a “common law record” agreed to by the

parties herein.

It

appears that no citizens attended the July 7 “hearing”.

However, even in such a seemingly innocent situation as this one,

the Board finds that the principle of a transcript, available

for public inspection, of any mandatory hearing is so basic to

Board procedures that it cannot be waived. The Board therefore

remands this matter to the Hearing Officer for hearing pursuant

to Rule 307 of the Board’s Procedural Rules and the February 16,

1978 Board Order herein.

IT IS SO ORDERED.

Mr. Dumelle concurred.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Boar~, hereby certif the bove Interim Order was adopted on the

,14

~

day of

____________,

1978 by a vote of

3-~

Qi~thc

Christan L. Moff

2

7~4

Clerk

Illinois Pollutith~1Control Board

32—2 37