ILLINOIS POLLUTION CONTROL BOARD

November

11,

1971

In

the Matter of

# i~ii—2~

ADMISSIONS AND TRANSCRIPTS

O~inionof the Board

(by Mr.

Currie):

The business

of hearing individual oollution cases has be-

come both expensive and unnecessarily time—consuming.

Despite

an increase in our budget for fiscal

1972, we have already in-

curred expenses

for transcripts far in excess of those our budget

can hear

over the entire year.

In

a number of recent cases

the

hearings have been unnecessarily protracted, with excessive time

spent

in proving facts not substantially in dispute.

We believe

one way

to encourage the stipulation

of

such facts,

thus saving

the

time and money

of all concerned,

is

to

adopt the equivalent

of Supreme Court Rules

216

and 219,

which

reouire

a carty

to pay

the

cost of proving any

fact

he

unreasonably refused

to stipulate.

We

published

notice of this proposed rule

in September and again,

with

copies attached on October

13, allowing until November 10

for public comments.

Because of doubts raised

as

to the companion

provision that would have reouired petitioners

in variance and

nermit cases

to pay

the

cost of transcripts, we have dbferred

action

on that part

of the proposal pending other efforts to solve

the

money

problem.

ORDER

Chapter

i

of the

Rules

and Regulations

of

the Illinois

Pollution Control

Board

is hereby amended by adding the follow-

ing orovis:Lons:

313

1/2 Adr~issions.

(a)

Recuest

for

Admission

of

Fact.

A

uarty

may

serve

on

any

other

party

a

written

recuest

for

the

admission

by

the

latter

of

the

truth

of

any

specified

relevant

fact

set

forth

in

the

re-

quest.

(b)

Request

for

Admission

of Genuineness

of

Document.

A oart’~may

servo on any otEer party

a written

reoucet

fEi~

admission

of

the

genuineness

of

any

relevant

documents

described

in

the

roua~s.

Conies

of

the

documents

shall

he

served

with

the

recuest

unless

cooies

have

dread-:

been

furnished,

3

—

83

---

(c)

Admission

in

the Absence of Denial.

Each of

the matters

of fact and

the genuineness

of each document

of which admission

is requested

is admitted unless, within

20 days

after service

thereof,

the party to whom the request

is directed serves upon

the party requesting the admission either

(1)

a sworn statement

denying specifically the matters

of which admission

is requested

or setting forth

in detail the reasons why he cannot truthfully

admit or deny

those matters or

(2) written objections on the

ground that some or all of the requested admissions

are privileged

or irrelevant or that the request

is otherwise improper

in whole

or in part.

If written objections

to

a part of

the request are

made,

the

remainder

of the request shall be answered within the

period designated

in

the request.

A denial shall fairly meet the

substance

of

the requested admission.

If good faith requires

that

a party deny

only

a part,

or requires qualification,

of

a

matter of which

an admission

is requested, he shall specify so

much of it as

is

true and deny

only the remainder.

Any objection

to

a request or

to an answer shall be heard by

the

Hearing

Officer

upon promot notice and motion

of the party making the request.

(d)

Effect of Admission.

Any admission made by

a party

pursuant to request under

this rule

is

for

the purpose of

the

pending action

only.

It does not constitute

an admission

by

him

for

any

other

ourpose

and

may

not

be

used

against

him

in

any

other proceeding.

(e)

Exnenses

of Refusal To Admit.

If

a party, after being

served

with

a request to admie the genuineness

of

any documents

or the

truth of

any matters of

fact, serves

a

sworn denial thereof,

and

if

the party requestsng the admissions thereafter proves the

genuineness

of the document or the

truth of the matter

of fact,

he

may

apply

to

the Hearing Officer for an order requiring the

ctenylng

party

to

pay

him

the

reasonable

expenses

incurred

in

makinq

the

proof,

including

reasonable

attorney!

s

fees.

Unless

the

Hearing

Officer

finds

that.

there

were

good

reasons

for

the

denial

or

that

the

admissions

sought

were

of

no

substantial

imporoance,

the

order

shall

be

made.

I,

Christen

Moffett,

Acting

Clerk

of

the

Pollution

Control

Board,

certify

that

the

Board

adopted

the

above

O~iriion

this

z’.

day

of_____________

1971,

3-- 84