Section 3035.150  Appeal Procedure  

a)         Whenever the Illinois State Library rejects a completed and reviewed grant application under this Part, it shall so notify the applicant in writing within 7 days after the decision.  The notice shall state with specificity the grounds for rejection.  If a provision of this Part is used to reject the application, a copy of the rule shall be included in the notice.

b)         Applicants may appeal the decision of the Illinois State Library by requesting a hearing within 30 days after receipt of the notice rejecting the application.  The request shall be in writing and shall specify the grounds for the applicant's position that the application was rejected erroneously.  The Illinois State Library shall notify the Secretary of State of the requests for hearings.

c)         Grounds for Appeal

1)         Grounds for appeal shall include the following:

The rules governing review of grant applications were not applied or were applied incorrectly by the Illinois State Library.

2)         Grounds for appeal shall not include the following:

A)        The applicant's intention to submit additional or clarifying information beyond the application deadline.

B)        Funds appropriated to fund the grant program remain unobligated after successful applicants were awarded grants.

d)         Hearing Arrangements are stipulated in 23 Ill. Adm. Code 3030.420 through 3030.495.

e)         If the Secretary of State finds, upon review of the recommendations of the administrative law judge and the Director of the Illinois State Library, that an application was erroneously denied, and if the applicant's project is higher in priority under Section 3035.430 than other projects recommended for a grant, the applicant's project will be funded during the fiscal year if sufficient funds are available, or the next fiscal year subject to an appropriation by the General Assembly.

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)