Ill. Admin. Code tit. 74 § 1100.125

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1100.125 - Public Participation

a) Public Participation at Open Meetings. Members of the public who wish to present their views at a Board meeting shall contact the Executive Director in writing. Requests shall outline the subject to be addressed at the meeting. A presentation shall be placed on the agenda of a Board meeting if the request is received by the Executive Director at least one week prior to that meeting. Requests received by the Executive Director less than one week prior to a Board meeting shall be deferred to the following meeting. At the Board meeting, ten minutes shall generally be scheduled for each presentation. At the discretion of the Board, more time may be allowed. Additional time will be allowed if the complexity of the background data so requires, or if the proposed use of the proceeds of an Authority loan must be closely scrutinized to determine that it meets the programmatic guidelines that have been set out in the applicable rules and regulations. The Executive Director, or a designee, shall notify the requesting party of the exact time and place for the presentation before the Board. This notification shall be by phone call, and followed up by a confirming letter. On the date of the Board presentation, each person scheduled to make a presentation, or each member of a delegation, shall sign a registration sheet located at the reception desk.

b) Petition to Promulgate, Amend, or Repeal a Rule

1) An interested person or legal entity may petition the Authority requesting promulgation, amendment or repeal of a rule. The petition shall be in writing, signed by or on the behalf of the petitioner and shall contain a statement of:

A) The rule sought to be promulgated, amended or repealed. A rule proposed to be amended shall be stated in full with proposed deletion enclosed in brackets, and proposed additions underlined.

B) Factual rationale for the proposed action.

C) Any propositions of law to be asserted.

D) Factual account of impact on petitioner, of proposed action.

E) Name and address of petitioner and any other person or entity known to be interested in the rule sought to be adopted, amended, or repealed.

2) The petition should be typed or printed, and captioned BEFORE THE ILLINOIS FINANCE AUTHORITY, and shall be deemed filed when received by the Executive Director. Upon receipt of the petition, the Executive Director shall:

A) Within ten days, mail a copy of the petition to any parties named therein. The petition shall be deemed served on the date of mailing to the last known address of the party being served.

B) Submit the petition to the Board at the next regularly scheduled meeting, with recommended action.

3) Within sixty days of the date on which the petition was submitted to the Board by the Executive Director, the Board shall either deny the petition or initiate rulemaking procedures pursuant to Section 1100.130 of this Part. If the petition is denied, the Board shall issue an order setting forth the reasons in detail for denial of the petition. The order shall be mailed to the petitioner and all other persons upon whom a copy of the petition was served.

c) Declaratory Rulings. The Board shall provide declaratory rulings as to applicability of any statutory provision, rule or other written statement of law or policy, decision or order when petitioned to do so by the public where, in the judgment of the Board, it is necessary or helpful for them to conduct their affairs in accordance with the law. Requests for declaratory rulings shall be made to the Executive Director in writing. Within thirty to sixty days after submission of a request for declaratory ruling, the Board shall issue a ruling on the rule, statute or policy in question. Such ruling shall be in writing, shall be filed in the public records of the Authority, and shall be maintained in the Authority's office for public inspection and copying. The Board may decline to rule when, in the judgment of the Board, the ruling would be beyond the statutory jurisdiction of the Board, when no clear answer is determinable, or when the issue presented is pending resolution by a court of Illinois or by the attorney general.

Ill. Admin. Code tit. 74, § 1100.125

Amended at 8 Ill. Reg. 8489, effective May 31, 1984; recodified from 8 Ill. Adm. Code 1400.100 at 31 Ill. Reg. 12104