Ill. Admin. Code tit. 26, § 125.720 - Reconsideration of Advisory Opinion
a)
The Board may reconsider an advisory opinion previously issued if the
circumstances under which the opinion was issued have changed and either:
1) The requesting party submits a written
request for reconsideration within 30 calendar days after receipt of the
opinion and, upon the motion of a member of the Board who voted with the
majority that originally approved the opinion, the Board adopts the motion to
reconsider by the affirmative vote of 5 members; or
2) Upon motion of a member of the Board who
voted with the majority that originally adopted the advisory opinion, the Board
adopts the motion to reconsider by an affirmative vote of 5 members.
b) Adoption of a motion to
reconsider vacates the advisory opinion to which it relates. The advisory
opinion shall cease to be effective:
1) With
respect to the party requesting the opinion, when written notice of the
adoption of the motion to reconsider is given to that party;
2) With respect to all other persons who
might claim that the opinion applies to them pursuant to Section
125.710(f)(2),
upon adoption of the motion to reconsider by the Board.
c) In the event an advisory opinion is
reconsidered, action taken in good faith and in reliance upon the opinion prior
to its reconsideration shall estop the Board from claiming any violation of
Section 9-8.10 of the Election Code or of any rules or regulations of the Board
to which the advisory opinion applied.
Notes
Amended at 35 Ill. Reg. 2351, effective February 4, 2011
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