(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government agents.
(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.
(e) This Section applies to the following agencies: Executive
Ethics
Commission Illinois
Commerce
Commission 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 Department
of
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
ClaimsBoard
of
Review
of
the
Department
of
Employment
SecurityDepartment
of
Insurance Department
of
Professional
Regulation
and
licensing
boards
under
the
Department Department
of
Public
Health
and
licensing
boards
under
the
DepartmentOffice
of
Banks
and
Real
Estate
and
licensing
boards
under
the
Office State
Employees
Retirement
System
Board
of
TrusteesJudges
Retirement
System
Board
of
TrusteesGeneral
Assembly
Retirement
System
Board
of
TrusteesIllinois
Board
of
InvestmentState
Universities
Retirement
System
Board
of
TrusteesTeachers
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.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
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Last modified: February 18, 2015