Section 2700.70  Appeal Procedures

a)         Complainants (including applicants, institutions and lenders) may appeal an ISAC administrative decision in accordance with this Section.  Complainants must submit their appeal within 60 days after and including the date of an administrative decision by ISAC.  If a complainant fails to pursue an appeal within 60 days after and including the date of an administrative decision, including administrative decisions rendered under subsections (d) and (e) of this Section, the complainant forfeits all appeal rights.

b)         All appeals shall be submitted in writing, must specifically invoke the use of ISAC's appeal process and must indicate the specific issues to be reviewed.  Each complainant shall be sent a written response within 15 working days after and including the date of receipt of their appeal.

1)         A complainant may submit any evidence which the complainant believes relevant to the issue appealed.  If ISAC is not able to make a determination based on the information provided, the complainant may be requested to supply additional written materials related to the issue (e.g., income tax returns, ISAC correspondence).

2)         The standard of review is whether, based on the manifest weight of the evidence, the administrative decision being appealed is consistent with statutes, rules and regulations relevant to the issue appealed.

c)         At the complainant's discretion, a complainant may be represented by legal counsel.  Except for appeals pursuant to Section 2700.50(g)(4) (Illinois residence) and 23 Ill. Adm. Code 2760.30 (State Scholar designations), applicant appeals shall not be written or submitted by a lender or an institution.  A lender or an institution may advise an applicant on appeal issues and opportunities.

d)         The complainant shall submit an appeal directly to the appropriate ISAC manager.  An appeal may be pursued through the appropriate sequence of ISAC's administrative levels culminating with an appeal to the Executive Director.  (See 2 Ill. Adm. Code 5375.Appendix A, Organization Chart.)

e)         Adjudicatory hearings are available for complainants who have first used the procedures of subsection (d) of this Section.  A hearing shall be requested, in writing, within 60 days after the date of the Executive Director's appeal decision.

1)         Within 30 days after the receipt of a hearing request, the Executive Director shall schedule a hearing.  The hearing shall be conducted in accordance with 23 Ill. Adm. Code 2790.140, Hearings.

2)         The independent hearing officer shall issue a decision based upon what transpired at the hearing, in accordance with and subject to 23 Ill. Adm. Code 2790.70, Decisions.

f)         The hearing officer's disposition, as provided for by 23 Ill. Adm. Code 2790.70(c), is considered the final administrative decision as defined by the Administrative Review Law [735 ILCS 5/Art. III]. The complainant shall be sent written notice of the final administrative decision within ten working days after the disposition of the appeal.

(Source:  Amended at 33 Ill. Reg. 9742, effective July 1, 2009)