the absence of an affidavit filed by the Agency, the parties’statement still does not settle the issue of whether this petitionfor review was timely filed.
(35
Ill.
Adm.
Code 105.102 (a) (2).) Although the permit is dated May
10, 1991, the parties’ joint statement asserts that “the permit wasnot actually mailed to Pierce & Stevens until on or after May 13.
The burden is on the Agency to establish the date of mailing. The Agency utilized such a procedure in Finks & Austman v. IEPA to
establish the date of mailing in the absence of a proof of service.
Allowed
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