86 Ill. Adm. Code 1910.64 — Motion Practice – Service of Papers

# Motion Practice – Service of Papers

TITLE 86: REVENUE CHAPTER II: PROPERTY TAX APPEAL BOARD PART 1910 PRACTICE AND PROCEDURE FOR APPEALS BEFORE THE PROPERTY TAX APPEAL BOARD SECTION 1910.64 MOTION PRACTICE – SERVICE OF PAPERS

Section 1910.64 Motion Practice – Service of Papers a) Requests and motions for extensions of time in which to file evidence shall be made pursuant to Sections 1910.30(g), 1910.40(d) and 1910.60(f) for taxpayers, boards of review and intervenors, and shall not be made subject to this Section.

b) Provided that the Property Tax Appeal Board has transmitted the appeal to the board of review pursuant to Section 1910.40(a) and no earlier than 15 days after receipt of the appeal by the board of review, all other motions shall be in writing setting forth the arguments and authorities relied upon to permit the Board to make a decision with or without oral argument, at its discretion. The motion shall also state the name of the appellant and the docket number of the appeal as assigned by the Board.

c) A written motion shall be served at the same time upon all parties and filed with the Board's Springfield office. Motions shall be accompanied by proof of service upon all those required to be served, including the Board.

d) Within 21 days after service of a motion, a party may file a response to the motion. If no response is filed, the party shall be presumed to have waived objection to the granting of the motion, but the waiver of objection does not bind the Board in its decision on the motion. Within 14 days after service of a response to a motion, the moving party may file a reply.

e) The Board shall issue a written ruling on all motions, in the form of an order or letter, upon all parties at the same time.

f) All motions filed and served shall be on 8½" x 11" paper, except when such a requirement would unreasonably burden the filing party. (Source: Amended at 38 Ill. Reg. 19171, effective October 1, 2014)

Section 1910.64 Motion Practice – Service of Papers

a) Requests and motions for extensions of time in which to file evidence shall be made pursuant to Sections 1910.30(g), 1910.40(d) and 1910.60(f) for taxpayers, boards of review and intervenors, and shall not be made subject to this Section.

b) Provided that the Property Tax Appeal Board has transmitted the appeal to the board of review pursuant to Section 1910.40(a) and no earlier than 15 days after receipt of the appeal by the board of review, all other motions shall be in writing setting forth the arguments and authorities relied upon to permit the Board to make a decision with or without oral argument, at its discretion. The motion shall also state the name of the appellant and the docket number of the appeal as assigned by the Board.

c) A written motion shall be served at the same time upon all parties and filed with the Board's Springfield office. Motions shall be accompanied by proof of service upon all those required to be served, including the Board.

d) Within 21 days after service of a motion, a party may file a response to the motion. If no response is filed, the party shall be presumed to have waived objection to the granting of the motion, but the waiver of objection does not bind the Board in its decision on the motion. Within 14 days after service of a response to a motion, the moving party may file a reply.

e) The Board shall issue a written ruling on all motions, in the form of an order or letter, upon all parties at the same time.

f) All motions filed and served shall be on 8½" x 11" paper, except when such a requirement would unreasonably burden the filing party.

# Source

(Source: Amended at 38 Ill. Reg. 19171, effective October 1, 2014)