Ill. Admin. Code tit. 11, § 100.350 - Procedures For Filing Appeals From an Order of the Local Liquor Control Commissioner
Pursuant to Sections 3-12 and 3-13 of the Act [235 ILCS 5/3-12 and 3 -13] and Section 10-25 of the Illinois Administrative Procedure Act [5 ILCS 100/10-25 ]:
a) In all cases where an appeal from an order
or action of the local liquor control commissioner is filed with the
Commission, the party filing the appeal shall furnish, along with the petition
to appeal:
1) a copy of the citation and
notice of hearing before the local liquor control commissioner, if
any;
2) a copy of the decision or
order of the local liquor control commissioner;
3) a copy of any local ordinances charged to
be violated;
4) the current State
Retail Liquor License number of the establishment involved;
5) a statement indicating whether or not the
licensee has, within the last 12 month period, had a suspension or revocation
placed upon the licensee, and if so, all the details relating to the suspension
or revocation thereto.
b) In all cases where an appeal is to be
heard upon the record, a certified official record of the proceedings taken and
prepared by a certified court reporter, along with all exhibits, shall be filed
by the local liquor control commissioner within 5 days after notice of the
filing of the appeal, if the appellant licensee pays for the transcript and
five additional copies. The failure to file the certified official record of
the proceedings before the local liquor control commissioner, without
sufficient written explanation, shall result in the appeal not being docketed
for hearing, as originally scheduled, or as continued by the
Commission.
c) The parties shall
file eight copies of any documents filed in connection with the appeal. The
failure to file eight copies of any document to be considered by the Commission
shall result in the appeal not being docketed for hearing, as originally
scheduled, or as continued by the Commission.
d) Upon notice to the local liquor control
commissioner that an appeal has been accepted by the Commission, Section
100.230
of this Part shall become effective, when applicable.
e) All materials filed with the Commission
shall be served upon the opposing party or parties in interest.
f) Proof of service upon the opposing party
or parties in interest shall accompany all materials filed with the Commission
and served upon the parties. All documents shall be served upon the Commission
by:
1) Personal delivery;
2) United States mail, enclosed in an
envelope, plainly addressed, with postage prepaid;
3) Via facsimile machine, provided original
documents with appropriate copies are also served via subsection (f)(1) or
(2).
g) All material
filed with this Commission shall be filed at James R. Thompson Center, 100 West
Randolph Street, Room 5-300, Chicago, Illinois 60601 or 101 W. Jefferson St.,
Springfield, Illinois 62702.
h) The
inability of any party to comply with the foregoing requirements shall be
detailed in written communication to the Commission.
Notes
Amended at 27 Ill. Reg. 17386, effective November 10, 2003
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