(a) Agency to File; Time for Filing; Notice of Filing.
The agency must file the record with the circuit clerk within
40 days after being served with a petition for review, unless
the statute authorizing review provides otherwise, or within
40 days after it files an application for enforcement unless
the respondent fails to answer or the court orders otherwise.
The court may shorten or extend the time to file the record.
The clerk must notify all parties of the date when the record
(b) Filing—What Constitutes.
(1) The agency must file:
(A) the original or a certified copy of the entire record
or parts designated by the parties; or
(B) a certified list adequately describing all documents,
transcripts of testimony, exhibits, and other material
constituting the record, or describing those parts
designated by the parties.
(2) The parties may stipulate in writing that no record or
certified list be filed. The date when the stipulation is
filed with the circuit clerk is treated as the date when the
record is filed.
(3) The agency must retain any portion of the record not
filed with the clerk. All parts of the record retained by
the agency are a part of the record on review for all
purposes and, if the court or a party so requests, must be
sent to the court regardless of any prior stipulation.
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Last modified at 12/16/2009