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Proceedings Before the Council

Council proceedings are governed by the Council statute and by the Council's own Rules of Procedure. For example, the Council statute dictates who may file a Complaint with the Council. Also, under the Council statute, Complaints must relate to statutes, rules or regulations that are actually in effect and not merely proposed. The Council's Rules of Procedure provide detail regarding the content of pleadings, including Complaints, Answers, Requests to Appear as Amici Curiae, and Motions. In addition, a summary of filing requirements for Complaints is available on this site under How to File a Complaint.

The Council's Rules of Procedure also outline the procedures used by the Council to resolve complaints. For example, under Council Rule 9, if the Council determines that a Complaint meets the threshold requirements of the Council statute and the Rules, the Council circulates the Complaint to State officials and to the person(s) who must file an answer to it (the "Respondent(s)").

A summary of the Complaint is then posted on this web site, along with a procedural history that provides basic case information, such as hearing and filing dates. Interested groups or individuals who wish to participate in the case may apply to the Council to appear as "amici curiae" or "friends of the court."

The Council's Rules require that Claimants, Respondents, and amici curiae include a "pleading summary" with their filings, which are then posted on this site. In this way, interested groups or persons, and the general public, have a means to be informed of each party's basic position as the case progresses.

At the conclusion of a case, the Council issues a written decision that is circulated to all the parties and amici who participated in the case, and to State officials. Council decisions are also posted on this site, as soon as possible after they are issued.

In 1998, the Council issued the first of its written decisions on the cases brought before it. For more information regarding those individual cases, and the texts of the Council's decisions, please consult Case Histories and Council Decisions.