Section 150.20 Definitions

Section 150

Section 150.20  Definitions

"Act" shall mean the Business Corporation Act of

1983 (Ill. Rev. Stat. 1991, ch. 32, par. 1.01 et seq.) [805 ILCS 5].

"Applicant" or "Petitioner" is the party

who, by written request seeks or applies for any relief from the Department

under the provisions of the Business Corporation Act of 1983, or otherwise from

any rule, regulation, order, or determination of the Office.

"Contested case" means any adjudicatory proceeding

conducted by the Office in which the legal rights, privileges, immunities, duties,

or obligations of any person or party are required by law or regulation to be

determined by the Secretary of State after an opportunity for a hearing.

"Department" means the Department of Business

Services of the Office of the Secretary of State of Illinois.

"Director" means the Director or Acting Director of

the Department.

"Division" means the Corporation Division of the

Department.

"Hearing" means a proceeding conducted by the

Department of Business Services of the Secretary of State in which the rights,

privileges, immunities, duties or obligations of any person or party are

required by law to be determined by the Secretary of State only after

opportunity for a hearing.

"Hearing Officer" means the presiding official(s)

designated by the Department of Business Services of the Secretary of State to

conduct a hearing or anyone designated by the Department of Business Services

to hear evidence. The hearing officer must be admitted to practice law in the

State of Illinois and must be a member in good standing of the Bar of Illinois.

"Office" refers to the Office of the Secretary of

State and not to any particular department, address, or location.

"Party" means any person named or admitted as a

participant in any hearing conducted pursuant to these rules, including the

Office and Department

earing officer must be admitted to practice law in the

State of Illinois and must be a member in good standing of the Bar of Illinois.

"Office" refers to the Office of the Secretary of

State and not to any particular department, address, or location.

"Party" means any person named or admitted as a

participant in any hearing conducted pursuant to these rules, including the

Office and Department.

"Person" includes any individual, corporation,

partnership, association, or firm legally capable of either seeking the action

of the Office or being the subject of said action.

"Respondent" means a person against whom a

complaint or petition is filed, or who, by reason of interest in the subject

matter of a petition or application or the relief sought therein, is made a

respondent or to whom an order or complaint is directed by the Department initiating

a proceeding.