Section 500.70  Application Procedures

a)         An Application will be considered received when delivered to the office of the Director at 620 East Adams Street, Springfield, Illinois 62701 during the period for submission of applications in a program year.

b)         The Director, or the Director's designee, shall issue a receipt to the Applicant acknowledging delivery of the Application including the date the Application was received.

c)         Applications shall be made available for public inspection during regular business hours at the principal office of the Authority and the Department's office at 620 East Adams Street, Springfield, Illinois.

d)         Initial Review

1)         The Director, or the Director's designee, shall notify the Applicant by August 15, or the first business day thereafter that, after an initial review, the Application and attached exhibits are complete on their face. This notice is not in any way an acknowledgement by the Director as to the adequacy or acceptability of the substance of the Application.

2)         In the event the Director, or the Director's designee, determines that the Application and its attached exhibits are not complete on their face, and in accordance with the format prescribed by the Department and this Part, the Director, or the Director's designee, shall notify the Applicant by August 15, or the first business day thereafter of such fact along with a list of such deficiencies.

3)         Should the Director, or the Director's designee, send a notice of deficiency as required in subsection (d)(2), the Applicant shall have fourteen (14) days from the date of such notice to cure such deficiency.  The Application shall be considered null and void and returned to the Applicant if

A)        the Applicant fails to supply additional material to cure the deficiency; or

B)        the Applicant submits additional material to the Director which in the opinion of the Director does not cure the deficiency.

4)         If the deficiency as noted in the list pursuant to subsection (d)(2) is cured, the Director shall notify the Applicant that the Application and attached exhibits are complete on their face in the form and manner provided for in subsection (d)(1).

e)         Substantive Review

1)         Within sixty (60) days from the date of notification issued pursuant to subsection (d)(1) or (4), the Director shall have conducted the initial review of the application and notify the Applicant of any substantive deficiencies contained in the Application and/or questions needed to clarify information provided in the Application.  Substantive deficiencies means the absence of documentation, information or reports required in the application or the failure to complete such materials.

2)         The Applicant shall have thirty (30) days from the date of receipt of notice of substantive deficiencies issued pursuant to the provision of subsection (e)(1) to cure such substantive deficiencies through the submission of additional material and/or respond to Department questions.

3)         Following the period for submission of additional material to cure the substantive deficiencies and/or answer Department questions, the Director shall notify the Applicant that a public hearing will be held concerning the application.

f)         The Department shall hold one or more public hearings on the applications of Authorities which have been notified under subsection (e)(3).  Applications may be grouped for hearings by geographic area. Notice of such hearings shall be placed in a newspaper of general circulation in the area of each applicant not more than ten (10) days but at least five (5) days prior to hearing.

g)         The applications will be reviewed and competitively ranked.  Ranking will be based upon the following criteria:

1)         the application is in the prescribed format accompanied by an economic feasibility report, an economic impact report, master building plan and design, documented evidence that the Authority was created pursuant to law, a financial plan, and the required local share of total project costs;

2)         the application proposes a facility which accommodates a documented community need.  Such documentation should include evidence that the proposed facility does not duplicate existing facilities;

3)         the application shows evidence of community support;

4)         the application proposes a facility which will provide primary and secondary economic benefits in the area of the Authority as projected in the economic impact report, including such things as job creation, private investments and other benefits; and

5)         the application proposes a facility the operational expenses of which are met by the Authority or through other means available to the Authority.

h)         Applications will be funded in order of highest rank.  However, if the amount available for certification in a given year is insufficient to fund a higher ranked application, the Director shall select the next highest ranked project for which funds are sufficient.

i)          Following the public hearing and the application review, the Director shall deny all or a portion of an application if, in the judgment of the Director, the substantive deficiencies contained in the list provided pursuant to subsection (e)(1) have not been cured, the applicant has failed to show that the project's economic feasibility report, master building plan and design, financial plan, or economic impact report satisfies the requirements of Section 500.20.

j)          The Director shall prepare and distribute to all Applicants a list of applications selected and the amount approved, and a list of applications denied and the amount denied.  Applicants whose requests have been denied shall be provided with the reason for denial in writing.

k)         The Director shall certify those applications selected if funding is available in the Civic Center Bond Fund to fund the selected projects or, if funds are not available for the selected projects, to fund the next highest ranked project for which funds are available or after he has sought and received a written certification from the Illinois Bureau of the Budget that the revenues for the last completed fiscal year paid into the MEAOB Fund equal or exceed 175% of the annual debt service required with respect to Civic Center Bonds for previously certified applications and the application(s) under consideration; and, if the Director determines that the sale of Civic Center Bonds for the application(s) under consideration would not, when added to the amount of principal issued and outstanding, exceed the sum of one-hundred million dollars ($100,000,000); and, if the Director determines that the Department will issue Civic Center Bonds based on, but not limited to, such factors as current interest rates, revenue flow in the MEAOB fund.

l)          If at any time during the application process, the Department determines that no funding will be available for any projects during a program year, the Department shall return all applications to the Applicants without completing the review process for that program year. Applications returned under this subsection shall be considered denied for that program year.

m)        Applications not certified in one year may be updated, e.g., to reflect changes in market conditions, community need and support, financial position and resubmitted in another program year.

n)        

1)         An Applicant may request that the Director reconsider any adverse decision made by the Director pursuant to subsection (i) above.

2)         The Applicant must file a petition with the Department for reconsideration within ten (10) days from the date of the notice to the Applicant of such adverse decision.

3)         The petition required by subsection (n)(2) shall contain at a minimum:

A)        substantive evidence, except that evidence that was not included in the Application, Amended Application, response to Department request for clarification, or Public Hearing shall not be considered;

B)        arguments of fact as to why the Director's decision should be modified; and

C)        arguments of law as to why the Director's decision should be modified.

4)         The Director shall render a decision based on the petition with all deliberate speed.

5)         A petition for review shall stay the effect of subsections (h), (i), (j) and (k) as they pertain to the selection and funding of applications for that program year.

6)         An adverse decision as to a petition submitted pursuant to this Section shall be considered a final administrative decision.

(Source:  Amended at 11 Ill. Reg. 10212, effective May 19, 1987)