Illinois Administrative Code

Section 395.110 Titles and Captions Titles and captions of Subparts, Sections and subsections are used for convenience and reference and are not a part of the text. SUBPART B: ORGANIZATION

Section 395.201 Jurisdiction The Board shall have jurisdiction to hear and render decisions regarding appeals filed by Affordable Housing Developers in connection with applications for Affordable Housing Developments when Approving Authorities have either denied the applications …

Section 395.202 Organization of the Board The duties of the Board are governed by the Act and this Part. The Board shall consist of seven Members appointed by the Governor. a) Chairperson: A retired Illinois circuit judge, retired Illinois appellate judge, a current or retired ad…

Section 395.203 Meetings of the Members a) Compliance with Open Meetings Act: All meetings of the Board shall be in compliance with the Illinois Open Meetings Act [5 ILCS 120]. b) Regular Meetings: The regular meetings of the Board shall be held at the Offices of IHDA when there …

Section 395.204 Conduct of the Board a) Authority: The Board shall have all the powers necessary and appropriate to conduct a full, fair and impartial hearing, including, but not limited to, the following: 1) to administer oaths and affirmations; 2) to rule upon offers of proof a…

Section 395.301 Service of Documents All initial pleadings and all documents in connection with any hearing before the Board under this Subpart shall be served by the party filing the document on the Board, the Approving Authority, the appellant and all other parties to the proce…

Section 395.302 Computation of Time All petitions, evidence, motions and other written correspondence sent by United States mail to the Board shall be considered filed with the Board as of the postmark date in accordance with the Illinois Statute on Statutes [5 ILCS 70/1.25]. Pet…

Section 395.303 Parties a) Substitution of the Parties: The Board may, on motion, at any time in the course of any proceeding, permit a substitution of parties as justice or convenience may require. b) Intervention: The Board may allow any person or persons showing that they may …

Section 395.304 Consolidation, Severance and Joinder Any person entitled to participate in proceedings subject to the Board's jurisdiction may appear as follows: a) A natural person may appear on his or her own behalf or by an attorney who is licensed and registered to practice i…

Section 395.305 Initial Pleadings by Appellants Appellants must submit written initial pleadings to the Board and must serve written initial pleadings on the Approving Authority and all other parties within 45 days after the decision of an Approving Authority to deny an applicati…

Section 395.306 Notice of Appeal a) Within 5 days after the Board has received the initial pleading filed by the appellant, the Board shall send a notice of appeal and a courtesy copy of the initial pleading to the Approving Authority identified in the initial pleading. b) Upon r…

Section 395.307 Dismissal before Hearing a) Within 10 days after receipt of the notice of appeal from the Board, the Approving Authority may file a motion to dismiss the appeal under the following circumstances: 1) pursuant to Section 20(c) of the Act, the Local Government was de…

Section 395.308 Reply to the Initial Pleading by Approving Authority a) If an appeal is not dismissed before the hearing pursuant to Section 395.307, within 15 days after the Board's decision to deny the motion to dismiss, the Approving Authority shall file a reply to the initial…

Section 395.309 Prehearing Conferences, Settlement Conferences, Subpoenas and Depositions a) Pre-hearing Conferences: The Board may, on its own motion or on motion of any other party to the appeal, set a pre-hearing conference. The Board's decision whether to conduct a pre-hearin…

Section 395.310 Conduct of Hearings a) Hearings may begin within 45 days after the initial pleading is filed, unless the Board determines that a settlement conference is underway and is likely to resolve the matters in dispute to the satisfaction of both parties. b) The appellant…

Section 395.311 Motions a) Motions shall be made in writing, unless made during the hearing, at which time the motions may be made orally, on the record. All motions shall set forth the relief or order sought and the legal authority for the action requested. If made in writing, a…

Section 395.312 Postponement or Continuance of Hearing Postponement or continuances of hearings shall be granted by order of the Board for good cause shown in writing. Good cause shall be the inability to attend the hearing at the date and time set by the Board for a cause beyond…

Section 395.313 Evidence a) A party shall be entitled to present its case by testimonial or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination as may be required for a full and fair disclosure of facts. [5 ILCS 100/10-40(b)] Testimonial evidence s…

Section 395.314 Appellant's Burden of Proof a) Denial: Pursuant to Section 30(c) of the Act, in the case of a denial of an Affordable Housing Developer's application, the appellant bears the burden of demonstrating that the Approving Authority unfairly denied approval of the Affo…

Section 395.315 Standard of Proof The standard of proof for any hearing conducted under this Part shall be the preponderance of the evidence.

Section 395.316 Decision a) The Board shall render a written decision within 120 Days after the Initial Pleading is filed. Notwithstanding the foregoing, the Board may extend the time by which it will render a decision when circumstances outside the Board's control make it infeas…

Section 395.317 Enforcement a) The Board shall immediately notify the parties of its decision by delivering the decision at the hearing, or by certified or registered mail with return receipt signed by the person or the person's registered agent, or by private delivery service. b…

Section 395.318 Motions to Reconsider the Board's Decision The affected party may file a motion to reconsider with the Board within 14 Days after the Board's decision. The Board shall issue its final decision within 14 Days after the receipt of the motion to reconsider.

Section 395.319 Appeals of the Board's Decision The final decision and order of the Board, after all motions to reconsider have been exhausted, may be appealed by the party affected by the decision by bringing an action for review in the appellate court for the district in which …

Section 395.401 Exempt Status a) Appeals of IHDA's determination of a local government's exempt status. In connection with an appeal under Subpart C, a Local Government or an appellant may appeal IHDA's determination of the Local Government's exempt or non-exempt status under the…

Section 700.100 Legislation Controlling These By-Laws, the powers of the Corporation and of its Directors, Stockholders, and all matters concerning the conduct and regulation of the business of the Corporation shall be subject to the provisions of 315 ILCS 15.

Section 700.110 Location of Principal and Other Offices of the Corporation The location of the principal office of the Corporation shall be in Chicago, Illinois. The Corporation may have offices within the State of Illinois at such other places as shall be determined from time to…

Section 700.200 General Powers, Election of Directors, Term of Office, Qualifications and Vacancies All corporate powers of the Corporation shall be exercised by the Board of Directors, as provided for in the Act. The Board of Directors shall have the responsibility and authority…

Section 700.205 Chairman and Vice Chairman The Board of Directors shall elect one of its Board members as Vice-Chairman of the Board. At all meetings of the Board of Directors, the Chairman of the Board, or his designee, shall preside or, in the absence of the Chairman and his de…

Section 700.207 Meetings Meetings of the Board of Directors shall be held at such place within the State of Illinois as may from time to time be fixed by resolution of the Board or as may be specified in the call of any meeting, subject to the Open Meetings Act [5 ILCS 120]. Regu…

Section 700.209 Quorum and Voting a) A majority of the Directors then holding such office shall constitute a quorum for the transaction of any business. Directors may participate in any meeting through the use of a conference telephone or similar communications equipment by means…

Section 700.211 Resignation of Directors Any Director may resign at any time by giving written notice of such resignation, either to the Board of Directors, the President or the Secretary-Treasurer of the Corporation. Unless otherwise specified therein, such resignation shall tak…

Section 700.213 Committees In its discretion, the Board of Directors may appoint an Executive Committee and one or more other committees, which, to the extent of the authority conferred by the resolutions appointing them, may exercise any of the powers of the Board of Directors, …

Section 700.220 Officers The Officers of the Corporation shall be a President and such other Officers as may be appointed in accordance with the provisions of Section 700.221 of this Part. Any two offices but not more than two, may be held by the same person.

Section 700.221 Election, Term of Office, and Qualifications Each Officer specifically designated in Section 700.220 of this Part shall be elected by the Board of Directors, and shall hold his office until his successor is elected and qualified or until his death or until he shal…

Section 700.222 Subordinate Officers The Board of Directors from time to time may appoint or authorize the President to appoint, other Officers or Agents which of whom shall hold office for such period, have such authority and perform such duties as are provided in these By-Laws …

Section 700.223 Removal Any Officer may be removed at any time either with or without cause by the vote of a majority of the total number of Directors then in office, and any Officer or Agent appointed by the President may be removed at any time by the President with or without c…

Section 700.224 Resignation of Officers Any Officer may resign at any time by giving written notice of such resignation to the Board of Directors or to the President of the Corporation. Unless otherwise specified therein, such resignation shall take effect upon receipt thereof by…

Section 700.225 Vacancies A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled for the unexpired portion of the term in the manner prescribed by the By-Laws for the regular election to such office.

Section 700.226 Chairman of the Board The Chairman of the Board shall preside at all meetings of the Board and shall perform such other duties as shall be assigned from time to time by the Board.

Section 700.227 The President The President shall be the Chief Executive Officer of the Corporation, and, subject to the control of the Board of directors, shall have general charge of the business, affairs, and property of the Corporation, and control over its Officers. The Pres…

Section 700.228 The Secretary-Treasurer The Secretary-Treasurer shall: a) Keep a certified copy of the Articles and these By-Laws with marginal references to all amendments thereof; b) Keep the minutes of the meetings of the Stockholders and the Board of Directors, and cause the …

Section 700.250 Execution of Instruments Generally All documents, instruments or writing of any nature shall be signed, executed, verified, acknowledged and delivered by such Officers, Agents or Employees of the Corporation, or any one of them, and in such manner, as from time to…

Section 700.252 Checks, Drafts, etc. All notes, drafts, acceptances, checks, endorsements, and all evidences of indebtedness of the Corporation whatsoever, shall be signed by such Officers, Agents or Employees of the Corporation or any one of them, and in such manner, as from tim…

Section 700.260 Intercompany Dealings The Corporation shall not, however, make loans directly or indirectly to any Director or Officer of the Corporation or to any firm or corporation in which such Director or Officer, or any member of the immediate family of any such Director or…

Section 700.265 Seal The Seal of the Corporation shall, subject to alteration by the Board of Directors, consist of a flat-faced circular die with the words "Illinois Community Development Finance Corporation," cut or engraved thereon. In lieu of the corporate seal, when so autho…

Section 700.270 Reliance on Records and Reports Each Director, Officer, or Member of any committee designated by, or by authority of the Board of Directors shall, in the performance of his duties, be fully protected in relying in good faith upon the books of account or other reco…