14 Ill. Adm. Code 171.70
Service of Process
Section 171.70Â Service of
Process
a)Â Â Â Â Â Â Â Â For the purposes of the ULPA, the
procedures set forth in this Section shall apply.
b)Â Â Â Â Â Â Â Â Any process, notice or demand to be served
under this Part shall be made upon the Secretary, or the Director, or any employee
of the Department designated by the Director to accept such service for him or
her, in the following manner:
1)Â Â Â Â Â Â Â Â Service shall comply with the provisions of
Part 2 of the Code of Civil Procedure [735 ILCS 5/Art. II, Part 2], the Federal
Rules of Civil Procedure (FRCP Rule 4), or any administrative rules of service,
as may be appropriate.
2)Â Â Â Â Â Â Â Â The affidavit of compliance required by
Section 117 of the ULPA to be appended to the process, notice or demand to be
served, containing the information described in subsection (b), shall be signed
by the person instituting the action, suit or proceeding or by an attorney of
record, and the signature of the affiant, without more, shall constitute the affirmation
or acknowledgement, under penalties of perjury, that the affidavit is the act
or deed of the affiant and that the facts stated in the affidavit are true.
c)Â Â Â Â Â Â Â Â The
affidavit of compliance shall state:
1)Â Â Â Â Â Â Â Â the title of the court or administrative
agency;
2)Â Â Â Â Â Â Â Â the title of the case, showing the names of
the first named plaintiff and the first named defendant;
3)Â Â Â Â Â Â Â Â the number of the case;
4)Â Â Â Â Â Â Â Â the title of the instrument;
5)Â Â Â Â Â Â Â Â the title of the limited partnership to be
served;
6)Â Â Â Â Â Â Â Â the basis for service on the Secretary;
7)Â Â Â Â Â Â Â Â the address to which the instrument is to
be sent (by registered or certified mail) by the affiant;
8)Â Â Â Â Â Â Â Â the name, address and telephone number of
the attorney of record for the plaintiff or other affiant.
d)Â Â Â Â Â Â Â Â Service of any process, notice or demand
made under this Part shall be made with the Department at the address set forth
in Section 171.35.
e)Â Â Â Â Â Â Â Â At the time of any service under this Part,
there shall be paid a fee of $50 (see Section 1302 of the ULPA), payable by
check or money order to the "Secretary of State". Each process,
notice or demand shall be submitted with separate payment.
f)Â Â Â Â Â Â Â Â The Department shall maintain original file
copies, which shall be in paper form or an acceptable archival medium, and
originals may be discarded upon verification of archival medium (microfilm or
electronic imaging) and upon approval by the State Records Commission (see 5
ILCS 160/16).