Sec. 5-50. Ex parte communications; special government agents.

707 words·~3 min read·/il/chapter-5/act-430/5-50

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This Section applies to ex parte communications made to any agency listed in subsection (e).

(b)"Ex parte communication" means any written or oral communication by any person that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi-adjudicatory, investment, or licensing matters pending before or under consideration by the agency. "Ex parte communication" does not include the following:

(i)statements by a person publicly made in a public forum;

(ii)statements regarding matters of procedure and practice, such as format, the number of copies required, the manner of filing, and the status of a matter; and

(iii)statements made by a State employee of the agency to the agency head or other employees of that agency.

(b-5) An ex parte communication received by an agency, agency head, or other agency employee from an interested party or his or her official representative or attorney shall promptly be memorialized and made a part of the record.

(c)An ex parte communication received by any agency, agency head, or other agency employee, other than an ex parte communication described in subsection (b-5), shall immediately be reported to that agency's ethics officer by the recipient of the communication and by any other employee of that agency who responds to the communication. The ethics officer shall require that the ex parte communication be promptly made a part of the record. The ethics officer shall promptly file the ex parte communication with the Executive Ethics Commission, including all written communications, all written responses to the communications, and a memorandum prepared by the ethics officer stating the nature and substance of all oral communications, the identity and job title of the person to whom each communication was made, all responses made, the identity and job title of the person making each response, the identity of each person from whom the written or oral ex parte communication was received, the individual or entity represented by that person, any action the person requested or recommended, and any other pertinent information. The disclosure shall also contain the date of any ex parte communication.

(d)"Interested party" means a person or entity whose rights, privileges, or interests are the subject of or are directly affected by a regulatory, quasi-adjudicatory, investment, or licensing matter. For purposes of an ex parte communication received by either the Illinois Commerce Commission or the Illinois Power Agency, "interested party" also includes:

(1)an organization comprised of 2 or more businesses, persons, nonprofit entities, or any combination thereof, that are working in concert to advance public policy advocated by the organization, or

(2)any party selling renewable energy resources procured by the Illinois Power Agency pursuant to Section 16-111.5 of the Public Utilities Act and Section 1-75 of the Illinois Power Agency Act.

(e)This Section applies to the following agencies:

Executive Ethics Commission

Illinois Commerce Commission

Illinois Power Agency

Educational Labor Relations Board

State Board of Elections

Illinois Gaming Board

Health Facilities and Services Review Board

Illinois Workers' Compensation Commission

Illinois Labor Relations Board

Illinois Liquor Control Commission

Pollution Control Board

Property Tax Appeal Board

Illinois Racing Board

Illinois Purchased Care Review Board

Illinois State Police Merit Board

Motor Vehicle Review Board

Prisoner Review Board

Civil Service Commission

Personnel Review Board for the Treasurer

Merit Commission for the Secretary of State

Merit Commission for the Office of the Comptroller

Court of Claims

Board of Review of the Department of Employment Security

Department of Insurance

Department of Professional Regulation and licensing boards

under the Department

Department of Public Health and licensing boards under the

Department

Office of Banks and Real Estate and licensing boards under

the Office

State Employees Retirement System Board of Trustees

Judges Retirement System Board of Trustees

General Assembly Retirement System Board of Trustees

Illinois Board of Investment

State Universities Retirement System Board of Trustees

Teachers Retirement System Officers Board of Trustees

(f)Any person who fails to

(i)report an ex parte communication to an ethics officer,

(ii)make information part of the record, or

(iii)make a filing with the Executive Ethics Commission as required by this Section or as required by Section 5-165 of the Illinois Administrative Procedure Act violates this Act.