July 7, 1977IN THE MATTER OF: )) P31—23EMISSION STANDARDS ) DISSENTING OPINION (by Mr.
The action of the Board on a remand is controlled by the
remanding order and opinion (Roggenbuck v.
Brehaus (1928) 161
N.E.
780, 330 Ill.
While a remand to an administrative
board by a reviewing court does not require a trial de novo(McCaffery v.
Civil Service Board (1955) 129 N.E.2d 257, 7 Ill. 367; Dolan
v. Whitney (1952) 109 N.E.2d 198, 413 Ill. Both the comments and Motiongenerally protest the “validation” of the remanded regulationsboth for failure to comply with Section 27(b) of the Act andthe Board’s Procedural Rules relati...
Allowed
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