Ill. Admin. Code tit. 11, § 205.120 - Ex Parte Communications
a) After service of the notice of the License
Hearing on the parties, and until such time a formal written Dates Order is
executed by the Board, any communication, directly or indirectly, in connection
with any matter regarding the award of racing dates, between any Board member,
Racing Board employee or hearing officer, with any party or representative of
any party to the License Hearing shall be considered ex parte pursuant to
Section 10-60(a) of the IAPA.
b)
Pursuant to Section 20(e-10) of the Act [230 ILCS
5/20 (e-10)], ex parte communication shall be allowed
provided that such communications are in the best interest of racing. The
phrase "best interest of racing" includes, among other factors, the quality and
integrity of racing, public interest, State revenue and the availability of
wagering opportunities.
c) Pursuant
to Section 10-60(c) of the IAPA, any ex parte communication received by any
Board employee, Board member or hearing officer shall be made a part of the
record of the License Hearing, including all written communications, all
written responses to the communications and a memorandum stating the substance
of all oral communications and all responses made, and the identity of each
person from whom the ex parte communication was received.
d) Communications between Board employee and
the applicants pursuant to Section 21(a) of the Horse Racing Act [230 ILCS
5/21(a)] regarding the correction of
deficiencies of the application within the prescribed 21 day time period after
submission of the application shall not be considered ex parte communication
under this Section.
e)
Communications regarding matters of procedure and practice, such as format of
applications, number of copies required, manner of service and status of
proceedings are not considered ex parte communication under this
Section.
f) Ex parte communications
pursuant to this Section shall not be exempt from the provisions of the Open
Meetings Act [5 ILCS 120 ].
Notes
Amended at 29 Ill. Reg. 20033, effective November 28, 2005
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