Ill. Admin. Code tit. 26 § 125.720

Current through Register Vol. 48, No. 49, December 6, 2024

Section 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.

Ill. Admin. Code tit. 26, § 125.720

Amended at 35 Ill. Reg. 2351, effective February 4, 2011