Section 520.320  Decertification

a)         Decertification – Two Methods.  In accordance with Section 5.4 of the Act, an Enterprise Zone may be decertified in two ways:

1)         Joint Action.  By joint action of the Department and the designating county or municipality in accordance with Section 5.4(c) of the Act; or

2)         For Cause.  For cause by the Department in accordance with Section 5.4(d) of the Act.  Cause for decertification shall be defined as the designating unit of government's failure to implement the Enterprise Zone program, which can be evidenced by:  the lack of an economic development strategy (no clearly defined objectives or course of action for improving zone performance); the failure to implement a business retention and expansion plan (little or no contact with zone businesses, or zone benefits not explained or publicized to businesses); the failure to comply with program monitoring as set forth in Section 520.410; and the failure to implement incentives uniformly throughout the Enterprise Zone as described in Section 520.220(c).

b)         Notice of Probation. The Department shall notify each designating unit of government of the commencement of the probationary status pending action to decertify the Enterprise Zone.  Notice shall include:  the date the probationary term begins; the duration of the probationary term; the deficiencies involved; and the date and location of the public hearing. The probationary status shall commence on the date the notice is postmarked.

1)         Work Plan. Within 30 days after the date of the Department notice, the designating unit of government shall submit a work plan that explains corrective actions to be taken and any evidence refuting the deficiencies.

2)         Public Hearing. Upon expiration of the 30-day response period, the Department shall conduct a public hearing within the boundaries of the Enterprise Zone in order to receive evidence and testimony regarding decertification.  Written and oral testimony, including supporting documentation, will be accepted from any affected party, regardless of whether the party resides within the Enterprise Zone boundaries.  The Department shall place public notice of the public hearing in one newspaper of general circulation within the Enterprise Zone, not more than 20 days nor less than 5 days before the public hearing.  A tape recording of the public hearing shall be made. Interested persons may access the tape recordings of public hearings in accordance with procedures provided in the Department's Freedom of Information rules (2 Ill. Adm. Code 801).

3)         Corrective Steps. The Department shall be available to arrive at an agreement with the designating unit of government regarding the specific corrective steps to be taken.  Within 15 days after the date of the public hearing, the Department shall issue a letter to the designating unit of government stating the final terms of the plan for corrective action.

4)         Progress Reports. The designating unit of government shall submit written monthly progress reports and shall make personnel available for meetings and interviews to ensure compliance with the plan of corrective action.

5)         Notice of Decertification. The Department shall notify the designating unit of government, 21 days prior to the end of the probationary period, as to whether decertification will proceed.

(Source:  Amended at 38 Ill. Reg. 457, effective December 20, 2013)