Illinois Administrative Code

Section 10.200 Litigation a) The Executive Director and the Office of Legal Counsel shall not, without prior authorization of the Board: 1) commence litigation; 2) engage counsel, other than the Illinois Attorney General's Office, for the purpose of appearing on behalf of the Cap…

Section 10.210 Public Comment During the time period designated for public remarks, any person physically present, once recognized by the Chairperson, may make public remarks to the Board. Each person shall have a 5 minute time limit for remarks, unless the Chairperson, or person…

Section 10.220 Informal Recordings of Board Meetings Any person may record a Board meeting by tape, film or any other means, provided that the act of recording does not disrupt the meeting. In order to minimize disruption of the meeting, audiotapes, videotapes, and other recordin…

Section 10.230 Board Member Attendance by Means Other Than Physical Presence a) If a quorum of the members of the Board or any committee of the Board is physically present for a meeting, as required by Section 2.01 of the Illinois Open Meetings Act ("Act"), a majority of the Boar…

Section 30.110 Trust Agreements − Using Educational Agencies a) The term "using educational agencies" means "community colleges" as defined in the Public Community College Act [110 ILCS 805]. b) If the use of a trust is requested by the chief executive officer of any using educat…

Section 30.120 Funding of Trust Agreement − Schedule a) In the event a Board project is to be funded in part or in whole from local resources by use of a trust established under this Part, that trust shall be established prior to the signing of an architect or engineer contract. …

Section 40.100 Definitions The following definitions shall apply to this Part: "Enrichment Cost" means expenditures not included in the recognized project cost and designated as ineligible expenditures by the Capital Development Board. "Eligible Expenditures" means those elements…

Section 40.110 General a) The Capital Development Board (hereinafter "Board") will implement the School Construction Law through its School Construction Program (hereinafter "SCP"). b) The objective of school grants is to fund classrooms and costs necessary for the support of cla…

Section 40.120 Planning Assistance Grants (Repealed) (Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)

Section 40.130 Construction Grants Prior to the award of a construction grant, school districts shall meet the following requirements: a) Program Statements Program statements must be submitted as part of the school district's Application for Construction Grant Entitlement for pr…

Section 40.140 Debt Service Grants (Repealed) (Source: Repealed at 22 Ill. Reg. 9518, effective May 21, 1998)

Section 40.APPENDIX A Unit Cost Guidelines (2010-2017) Unit Cost Guidelines (2010 – 2017) Bid Month Elementary Middle / Jr. High High School and Year January 2010 $140.59 $153.99 $154.96 February 2010 $140.95 $154.38 $155.35 March 2010 $141.30 $154.76 $155.73 April 2010 $141.65 $…

Section 43.100 Definitions As used in this Part, the following terms shall be defined as follows: "Act" means Section 5-300 of the School Construction Law [105 ILCS 230]. "Board" means the Capital Development Board. "Early Childhood Center" means a facility, which does not includ…

Section 43.110 Eligible Applicants a) Eligible applicants for Early Childhood Construction Grants include any public school district or not-for-profit entity with experience in providing educational, health, social and/or child development services to young children and their fam…

Section 43.120 Early Childhood Construction Project Grants Eligibility Requirements Eligible applicants must meet the following criteria: a) Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules (see 44 Ill. Adm. Code 7000.300) with the Board…

Section 43.130 Award of Early Childhood Construction Project Grants a) Not-for-profit Applicants/Applicants that are not School Districts with Populations Exceeding 500,000 1) The Board is authorized to make grants to public school districts and not-for-profit entities for early …

Section 43.140 Use of Grant Monies a) A recipient of a grant under the Act and this Part may use the grant monies to do one or more of the following: 1) Construction of an addition to or otherwise expanding an existing facility; 2) New construction of a facility or renovations to…

Section 43.150 Evaluation Process Applications will be reviewed based upon the following criteria: a) Quality of rationale for documented need for the project with priority given to projects located in those communities in the State with the greatest underserved population of you…

Section 43.160 Grant Award Process a) Grants will be awarded by the Board in rank order. b) The Board will notify both those applicants who are recommended for an award as well as those who will not be offered a grant. Those applicants who do not receive an award are eligible to …

Section 43.170 Reporting The Grant recipient must submit performance and financial progress report to the Board as outlined in the Grant agreement. The Board may assist each Grant recipient in meeting the goals and objectives stated in the original Grant proposal submitted by the…

Section 43.180 Payment Schedules Grant funds will be disbursed as agreed to in the Grant Agreement.

Section 43.190 Property Usage a) Any early childhood center purchased, constructed, or improved with grant funds shall continue to be operated by the grantee as an early childhood center for a period of at least 10 years from completion of the project. (See Section 5-300(b)(5) of…

Section 43.200 GATA The Grant program is subject to GATA. GATA rules are cross-referenced in this Part. Grants shall comply with GATA and the GATA rules, including any portions of the Uniform Guidance (see 2 CFR 200) incorporated into GATA unless an exception has been granted and…

Section 44.100 Program Description a) The Capital Development Board ("Board"), in cooperation with the Department of Healthcare and Family Services ("Department"), shall administer a hospital and healthcare transformation capital investment grant program as set forth in Section 2…

Section 44.105 Definitions "Board" means the Capital Development Board. "Capital Program" means the Hospital and Healthcare Transformation Collaborative Capital Investment Grant Program created pursuant to the Capital Development Board Act [20 ILCS 3105/20]. "Department" or "HFS"…

Section 44.110 Applicable Law a) The Capital Program is subject to the Grant Accountability and Transparency Act (GATA). Grants shall comply with GATA and the GATA Rules, including any portions of the Uniform Guidance (see 2 CFR 200) incorporated into GATA unless an exception has…

Section 44.115 Grantee Eligibility a) Any health care provider, including an Illinois hospital licensed under the Hospital Licensing Act, that is enrolled as an eligible medical provider with the Department may be eligible to receive a Capital Program grant. b) Participation in a…

Section 44.120 Project Eligibility Eligible applicants must meet the following criteria. a) Applicants must be "qualified" in accordance with the GATA Rules, 44 Ill. Adm. Code 7000.70; b) Applicants must be willing to enter into the Uniform Grant Agreement required by GATA Rules …

Section 44.125 Program Standards for Determination of Priority Needs a) At least 20% of funds awarded for the Capital Program shall be awarded to Projects involving one or more Safety Net Hospitals as defined by 305 ILCS 5/5-5e.1. b) Priority consideration shall be given to Criti…

Section 44.130 Application a) A NOFO posting will comply with the requirements of 44 Ill. Adm. Code 7000.310(d) and will be posted on the Department's and Board's respective websites, as well as on the Governor's Office of Management and Budget Catalog of State Financial Assistan…

Section 44.135 Merit Based Review a) The Department, in consultation with the Board, will review applications using the grantee and Project eligibility requirements detailed in Section 115 and 120. Failing to get an award does not prohibit applicants from submitting future applic…

Section 44.140 Award a) Grants will be awarded by the Board in consultation with the Department. b) Grant funds may only be used for the Project described in the grant agreement. c) Grant awards are conditioned upon the recipient's written certification that it will comply with a…

Section 44.145 Use of Funds a) A recipient of a grant under the Act and this Part may use the grant monies for one or more of the following: 1) Construction of an addition to or otherwise expanding an existing facility; 2) New construction of a facility or renovations to an exist…

Section 44.150 Post-Award Monitoring a) The grant recipient must submit performance and financial progress reports to the Department and the Board as outlined in the grant agreement. b) The Department and the Board may assist each grant recipient in meeting the goals and objectiv…

Section 44.155 Payment Schedules Grant funds will be disbursed at the completion of construction milestones and as outlined in the grant agreement.

Section 50.110 General Standards and Guidelines for the Appropriate Utilization of Bond Proceeds a) General. The general uses of Capital Development Bond, School Construction Bond, General Obligation Bond and Build Illinois Bond proceeds appropriated to the Board shall always be …

Section 50.120 Standardized Definitions and Guidelines The following standardized definitions and guidelines enumerate the appropriate utilization of Capital Development, School Construction, General Obligation and Build Illinois Bond proceeds appropriated to the Board to finance…

Section 50.130 Limitations on Expenditures of Bond Proceeds a) The following expenditure purposes shall not be bondable: 1) operational and administrative expenses, such as compensation costs, travel, commodities, non-initial equipment, or other recurring expenditures that are si…

Section 100.110 Applicability These rules, in addition to Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10], shall apply to contested cases of final Board actions, including but not limited to suspensions of prequalification, when the Board determines t…

Section 100.111 Definitions As used in this Part, the following terms shall be defined as follows: "Act" means the Capital Development Board Act [20 ILCS 3105], unless otherwise specified. "Administrative Law Judge" or "ALJ" means a person appointed to conduct procedures pursuant…

Section 100.113 Filing Any documents that are required to be filed with the Board shall be addressed and mailed to, or hand delivered to, the Executive Director, Stratton Building, 3rd Floor, 401 S. Spring St., Springfield, Illinois 62706. Once an administrative law judge has bee…

Section 100.120 Petition for Hearing and Response Petitions for hearing shall include a petition for specific relief sought and shall be submitted to the Executive Director in writing within 30 days after the final Board action at issue, and shall clearly state the Board action b…

Section 100.130 Waiver Compliance with any provisions of this Part may be waived or altered by agreement of all parties by written stipulation or a stipulation on the record taken by a court reporter. The parties shall, to the greatest extent possible, exercise good faith efforts…

Section 100.140 Settlement Issues may be resolved in whole or in part by settlement or stipulation among any or all parties at any time prior to, during, or following the hearing.

Section 100.150 Representation Natural persons (including a natural person doing business as a sole proprietorship) may represent themselves or be represented by an attorney. Other business organizations, including corporations and others required to be licensed or registered by …

Section 100.160 Administrative Law Judge The Board shall appoint an administrative law judge as soon as possible after granting a petition for hearing. The ALJ shall be an attorney licensed in Illinois who is not an employee of the Board, nor currently under contract with the Boa…

Section 100.170 Answer Within 15 days after the appointment of the ALJ, the Board shall file an answer responsive to the Petition for Hearing. (Source: Amended at 29 Ill. Reg. 765, effective January 1, 2005)

Section 100.180 Conference Within 10 days after receipt of the Board's answer to the petition for hearing, the ALJ shall send notice of a conference among all parties for the purpose of discussing the proceedings and promoting settlement. Such conference shall be scheduled as soo…

Section 100.190 Notice of Hearing When the ALJ determines that further settlement efforts are not reasonably expected to be productive, he/she shall send the parties a notice of hearing by United States registered or certified mail, stating the date, time, and place the hearing w…

Section 100.200 Costs of Hearing Fees and expenses of the ALJ and court reporter (or other method of recording) shall be shared equally among the Board and the complainants. All shall pay the same amounts as they become due, regardless of the number of complainants involved. If t…