§1560.50. Appeals

a)         The appeals procedures for this Part are subject to provisions of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art.10].

 

b)         An implementing agency may appeal any adverse action of the Executive Director by writing to the Budget Committee within 14 days from the day the notice of adverse action is mailed to the implementing agency. This written appeal shall contain specific reasons stating why the adverse action taken by the Executive Director should be modified and the action requested of the Budget Committee and shall be signed by the implementing agency's authorized official.

 

c)         If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Budget Committee, and Authority members shall be notified within 5 business days or before the next Authority meeting, whichever is sooner – by phone, mail or written equivalent – of the action of the Executive Director.

 

d)         When an appeal is timely filed, the Chairman of the Budget Committee shall arrange for the Committee to hear and decide the appeal within 49 days of the receipt of the written appeal.  The implementing agency shall have the right to appear before the Committee and to be represented at the hearing by counsel and shall be notified of the hearing date at least 7 days prior to the hearing.

 

e)         At the hearing, the Budget Committee shall consider the written appeal to the adverse action submitted pursuant to subsection (b), any written response to that appeal by Authority staff, and any testimony given by the implementing agency or Authority staff to questions posed by Committee members.

 

f)         The Budget Committee shall render a decision on the appeal before adjourning the hearing.

 

g)         In accordance with the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority members shall be notified within 5 business days or before the next Authority meeting whichever is sooner – by phone, mail or written equivalent – of all appeal decisions made by the Budget Committee.  Within 10 business days after receipt of such information, a special meeting of the Authority shall be convened upon signed request of 5 Authority members, for the purpose of fully discussing such action taken by the Budget Committee and to supersede the authorization granted to that Committee to act upon the Authority's behalf in any particular appeal.  If no action is taken by the Authority, the decision of the Budget Committee shall be deemed the final action of the Authority.  Meetings shall be conducted in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)