Resolution of Geographic Disputes

Section 1329.500  Resolution of Geographic Disputes a)         In the event that a 9-1-1 Authority files a formal petition with the Administrator alleging an area of overlapping 9-1-1 service jurisdiction in which the 9-1-1 Authorities in that geographic area have not agreed to the manner in which surcharge disbursements in that area will be apportioned, the surcharge disbursements for that area shall be made based on reference to an official Master Street Address Guide (MSAG) or Geospatial Mapping Data, to the ETSB or qualified governmental entity whose PSAP provides wireless 9-1-1 service in that area.  The petitioning 9‑1‑1 Authority claiming the overlapping jurisdiction shall be responsible for providing a copy of the applicable MSAG or Geospatial Mapping Data (see 83 Ill. Adm. Code 1328.105).  In the event no MSAG or Geospatial Mapping Data is available for the jurisdiction at issue or does not provide the information necessary to resolve the dispute, a hearing shall be held by the Administrator and the dispute shall be resolved based on the evidence available.  Any monies allocated to the Fund for the geographic region in question shall be held in escrow until a final order is entered. b)         In the event that a subscriber billing address is matched to an incorrect jurisdiction, the recipient, upon notification from the Administrator, shall redistribute the funds in question in the manner directed by the Administrator, based on the procedures in Section 1329.420. c)         In the event of a dispute between 9-1-1 Authorities concerning a subscriber billing address, a provider may file a petition with the Administrator seeking a determination of the billing address. d)         If the Administrator determines a hearing is necessary to resolve a dispute raised by a petition filed with the Administrator, the following shall apply: 1)         The Administrator shall determine the date, time and location of any hearing and shall make reasonable efforts to hold the hearing at a date, time and location convenient to all parties. 2)         The Administrator shall appoint an administrative law judge (ALJ) to preside over the hearing. A)        Any testimony requested or permitted shall be under oath or affirmation, which will be administered by the ALJ. B)        Hearings shall be open to the public; however, only those members of the public who have filed a witness slip and have been acknowledged will be permitted to speak during the hearing. 3)         The procedures for admissibility of evidence shall be as described in Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40] and as ordered by the presiding ALJ. 4)         A transcript of the recorded hearing shall be provided to the applicant upon written request. A)        The cost of transcription shall be the responsibility of the applicant. B)        Fees shall not exceed the actual cost for the preparation of the transcript. C)        The record need not be transcribed unless the Board receives a written request and fee from the applicant in accordance with this Section. 5)         Regardless of whether a hearing is called, all disputes shall be resolved by a final order of the Administrator.