Illinois Administrative Code

Section 120.140 Severability If any Section, subsection, subdivision, paragraph, sentence, clause or phrase in this Part or any portion thereof is for any reason held to be unconstitutional or invalid or ineffective by any forum of competent jurisdiction, that decision shall not …

Section 120.150 Administrative Requirements for Grants a) Termination of Grant − Grants shall be terminated for the following reasons: 1) Termination Due to Loss of Funding − In the absence of State funding for a fiscal year, all grants for that year will be terminated in full. I…

Section 120.20 Definitions The following definitions are applicable to this Part: "Act" means the Illinois Resource Development and Energy Security Act [20 ILCS 688]. "Agreement" means a written document executed between the grantee and the Department defining the rights and obli…

Section 120.30 Eligible Applicants Businesses eligible for funding consideration under the Coal Revival Program must meet all of the following criteria: a) construct a new electric generating facility or a new expansion at an electric generating facility, including transmission l…

Section 120.40 Eligible Uses of Grant Funds a) The grant amount may be used for capital facilities consisting of buildings, structures, durable equipment and land at the new electric generating facility. b) Funding for the Coal Revival Program is derived from the sale of general …

Section 120.50 Allocation of Appropriations Annual appropriations made by the General Assembly to the Department for the purpose of providing grants under Section 605-332 of the Civil Administrative Code of Illinois [20 ILCS 605/605-332] for new electric generating facilities are…

Section 120.60 Funding Limitation In accordance with Section 605-332 of the Civil Administrative Code of Illinois [20 ILCS 605/605-332], the Department may provide financial assistance not to exceed the amount of State general obligation debt as certified by the Governor's Office…

Section 120.70 Pre-Qualification Request (Repealed) (Source: Repealed at 29 Ill. Reg. 1195, effective January 5, 2005)

Section 120.80 Form of Pre-Qualification Request (Repealed) (Source: Repealed at 29 Ill. Reg. 1195, effective January 5, 2005)

Section 120.90 Pre-Qualification Evaluation Procedure (Repealed) (Source: Repealed at 29 Ill. Reg. 1195, effective January 5, 2005)

Section 130.10 Purpose The Department of Commerce and Economic Opportunity recognizes that renewable fuels produced from Illinois agricultural products will enhance the economy of Illinois, expand rural economic development, reduce the nation's dependence on foreign oil supplies,…

Section 130.100 Grant Award Evaluation Criteria and Funding Limitations The Department staff shall utilize the following award evaluation criteria to determine the award amount for any grant to be recommended to the Director: a) General Award Evaluation Criteria. 1) Cooperative o…

Section 130.110 General Program Requirements a) Reporting requirement. Recipients will be required to submit Monthly Progress Reports to the Department during the grant term, including information on the number of jobs created or retained. Recipients shall also be required to pro…

Section 130.120 Grant Agreement a) When a grant has been awarded, the grantee and the Department shall execute an agreement. The agreement shall be executed between the grantee and the Director or the Director's designee on behalf of the Department. b) The agreement shall contain…

Section 130.130 Administrative Requirements for Grants a) Termination of grant. Grants shall be terminated for the following reasons: 1) Termination due to loss of funding. In the absence of State funding for a fiscal year, all grants for that year will be terminated in full. In …

Section 130.20 Definitions The following definitions are applicable to this Part: "Act" means the Illinois Renewable Fuels Development Program Act [20 ILCS 689]. "Award Value Criteria" means the criteria established by the Department in Section 130.90 in order to determine approp…

Section 130.30 Allocation of Appropriations Subject to appropriation, the Director is authorized to award grants for projects approved pursuant to this Part. An approved project is eligible for only one grant per fiscal year from the Renewable Fuels Development Program. A project…

Section 130.40 Project Eligibility Requirements In order to be eligible for funding under the program, the proposed project must meet all of the following criteria: a) the project must be physically located in the State of Illinois; b) the project must be either a plant construct…

Section 130.50 Eligible Uses of Grant Funds Program grant proceeds may be expended solely for costs incurred, including labor and other bondable expenses, that are directly related to capital facilities consisting of buildings, structures and durable equipment in connection with …

Section 130.60 Project Labor Agreements a) A Project Labor Agreement for the plant construction or plant expansion to be funded through the Renewable Fuels Development Program must include the following: 1) provisions setting forth established standard hourly wages for each class…

Section 130.70 Form of Application The grant application package must include all of the following materials/information: a) Application cover page (Appendix A); b) Application form (Appendix B); c) Projected Energy Use by Type form (Appendix C); d) Narrative description of the p…

Section 130.80 Application Submittal a) Applications to the program for grant funds may be submitted to the Department at any time in accordance with this Part, or pursuant to the time frame specified in a formal Request for Proposals issued by the Department. b) One original and…

Section 130.90 Application Evaluation Procedures a) The Department will evaluate complete proposals in the following manner: proposals will be evaluated to determine whether the proposed project meets the project eligibility criteria specified in Section 130.40 and to determine w…

Section 130.APPENDIX B Application Form For Renewable Fuels Development Program Illinois Department of Commerce & Economic Opportunity Application Form For Renewable Fuels Development Program Name and Mailing Address of Organization: List Type of Organization (Cooperative, LLC, C…

Section 200.10 Scope and Nature of Rules a) Authority and Scope 1) Authority. This Part is promulgated pursuant to Section 5-10(a) of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-10]. 2) Scope. This Part shall govern the proceedings of any adjudicatory administr…

Section 200.100 Hearing Officer a) When a Preliminary Order and Notice of Opportunity for Hearing is issued and a hearing is requested, the Director of the Agency shall designate a hearing officer to preside at the formal administrative hearing. b) The appointed hearing officer s…

Section 200.110 Ex Parte Consultation Ex parte communications and consultation between and among parties shall be limited to that which is in accordance with the Illinois Administrative Procedure Act. (Source: Amended at 33 Ill. Reg. 14137, effective September 28, 2009)

Section 200.120 Informal Conferences a) Upon request of any party or on the hearing officer's own motion, the hearing officer shall have the authority to direct the parties to appear at a specified time and place for a conference, prior to or during the course of the hearing, for…

Section 200.130 Conduct of Hearings a) Unless closing the hearing is necessary to preserve the confidentiality of medical records, or the confidentiality of trade secrets or financial information the disclosure of which could cause competitive harm, hearings shall be open to the …

Section 200.140 Amendments At any time prior to the hearing or before completion of the hearing, amendments shall be allowed for good cause shown to introduce any party who ought to have been joined, to dismiss any party, or to delete, modify or add allegations or defenses. In th…

Section 200.150 Burden of Proof a) The burden of proof shall be on the Agency, unless the matter at issue is the denial of an application for licensure or accreditation, or an application for reinstatement of licensure or accreditation that has been previously revoked, suspended,…

Section 200.160 Witnesses at Hearings a) The hearing officer or the official reporter may administer oaths to witnesses. b) Both the hearing officer and the parties or their representatives may examine witnesses. c) A party may conduct examination and cross-examination that is sh…

Section 200.170 Evidence at Hearings a) When the hearing results from the denial of an application for licensure or accreditation, or denial of an application for reinstatement of licensure or accreditation, the Respondent shall have the right to introduce evidence at the hearing…

Section 200.180 Cross-Examination a) Subject to the evidentiary requirements, a party may conduct cross-examination required for a full and fair disclosure of the facts. b) If the hearing officer determines that a witness is hostile or unresponsive, the hearing officer shall auth…

Section 200.190 Official Notice a) Official notice may be taken of: 1) Matters of which the Circuit Courts of this State may take judicial notice; and 2) Generally recognized technical or scientific facts within the Agency's specialized knowledge. b) Parties shall be notified bef…

Section 200.20 Appearance – Right to Counsel a) The Agency shall allow only attorneys licensed and registered to practice in this State to appear before it in administrative hearings, except that a natural person may appear on his or her own behalf. [420 ILCS 40/18] b) Each party…

Section 200.200 Default Except for good cause show, the failure of a party to appear on the date set for hearing or failure to proceed as ordered by the hearing officer or Director shall constitute a default. The Director shall thereafter enter such order as appropriate, in accor…

Section 200.210 Hearing Record a) The Agency shall designate an official reporter to make and transcribe a stenographic record of the adjudicatory proceedings. b) A complete record of the hearing shall include: 1) all pleadings (including all notices, responses, motions, and ruli…

Section 200.220 Hearing Officer's Report a) As soon as practicable after the close of a hearing, the hearing officer shall prepare a written report of the case, which shall be based upon the evidence adduced at the hearing or otherwise included in the record. The written report s…

Section 200.230 Final Decision of the Director a) The Director shall reach a final decision in each proceeding that shall be specified in a written order including findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statute language, shall…

Section 200.30 Parties a) The parties to administrative hearings before the Agency are the Agency and the Respondent. b) A Respondent is a person or entity against whom a Preliminary Order and Notice of Opportunity for Hearing or a denial of licensure is issued by the Agency. c) …

Section 200.40 Form of Papers a) Written pleadings, motions or other documents filed in any proceeding shall be typewritten. Copy shall be on one side of the paper and shall be double spaced, except that quotations may be single spaced and indented. Reproductions of any documents…

Section 200.50 Notice, Service and Proof of Service a) The hearing officer and all parties to the proceedings shall be served all pleadings, motions, notices and other documents filed by any party. Proof of service on all parties shall be filed with the hearing officer. b) Any Or…

Section 200.60 Preliminary Order and Notice of Opportunity for Hearing a) In the event that a person has violated or is alleged to have violated the statutes, regulations or terms of licensure or accreditation, the Agency shall commence administrative proceedings by the service o…

Section 200.70 Right to Hearing a) In the event that the Respondent seeks a hearing pursuant to matters raised in a Preliminary Order issued in accordance with Section 200.60, the Respondent must submit a request for a hearing by the date specified in the Preliminary Order. In th…

Section 200.80 Motions A hearing officer may allow oral motions and responses on emergency or purely procedural questions or for good cause shown. Emergency and procedural motions will be ruled upon when made. Other motions, such as motions to dismiss, etc., will not be ruled upo…

Section 200.90 Continuances A party shall be granted one continuance of up to 14 days on request or as agreed to by all parties. Any other requests for a continuance will be granted only for good cause shown. In determining good cause, factors that the hearing officer may conside…

Section 310.10 Scope Except as otherwise specifically provided, this Part applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation within the State of Illinois; provided, however, that nothing in this Part or 32 Ill. Adm. Code 320, 326, 3…

Section 310.100 Prohibited Uses a) Hand-held fluoroscopic screens shall not be used with x-ray equipment. b) Shoe-fitting fluoroscopic devices shall not be used. (Source: Amended at 17 Ill. Reg. 18472, effective January 1, 1994)

Section 310.110 Communications All communications and reports concerning these regulations and any applications filed thereunder may be submitted to the Agency as follows: a) By mail addressed: IEMA-Division of Nuclear Safety, 1035 Outer Park Drive, Springfield, IL 62704; b) By h…