Ill. Admin. Code tit. 35, § 101.1010 - Electronic Filing Authorization and Signatures

a) A person seeking to upload a document on COOL for filing must have been issued a State of Illinois digital signature certificate under Section 15-310 of the Electronic Commerce Security Act. (See 5 ILCS 175/15-310.) A link to the subscriber agreement and application for a State of Illinois digital signature certificate is available through COOL.

1) Maintaining digital signature confidentiality is the responsibility of the holder of the digital signature certificate. The certificate holder is responsible for any document electronically filed by anyone using his or her digital signature certificate.

2) The digital signature certificate holder is responsible for keeping his or her contact information current.

b) Each electronic document uploaded on COOL for filing must bear a facsimile electronic signature (i.e., scanned image of original pen-and-ink signature) or typographical electronic signature (i.e., "/s/ typed name") of the person authorizing the filing (e.g., attorney, participant, pro se party). However, if this electronic signature is absent, the document will be considered to have been signed by the holder of the digital signature certificate used to upload the document and the certificate holder will be considered to have authorized the filing. (See 5 ILCS 175/5-120.) To file an electronic document on behalf of another person in an adjudicatory proceeding, an electronic signature of a licensed and registered attorney is required. (See Section 101.400(a).)

c) If an electronic document or portion of one requires the signatures of any persons in addition to those specified in subsection (b) (e.g., settlement agreement, witness' affidavit), the person authorizing the filing must:

1) Confirm that the additional persons have approved the document or corresponding portion of it and obtain their original pen-and-ink signatures before the document is uploaded on COOL for filing;

2) Ensure that the document or corresponding portion of it bears the facsimile electronic signatures of, and indicates the identity of, the additional persons;

3) Upload the document on COOL as a scanned image containing the necessary signatures; and

4) Keep the paper original of the document, including the original pen-and-ink signatures of the additional persons, for one year after the later of the following:

A) The date on which the period expires for appealing the final order of the Board; or

B) If the final order of the Board is appealed, the date on which the period expires for seeking any further review in the courts.

Notes

Ill. Admin. Code tit. 35, § 101.1010

Added at 39 Ill. Reg. 2276, effective 1/27/2015 Amended at 41 Ill. Reg. 9930, effective 7/5/2017 Amended at 43 Ill. Reg. 9674, effective 8/22/2019