Section 30.70  Review and Reconsideration

a)         The applicant may request a review of a certification denial by submitting this request in writing to the Secretary postmarked no later than 30 days after the applicant received the certification denial letter. The request must state why the applicant believes the denial decision is wrong, must address all points raised in the denial decision and must include any supporting documentation.

b)         The Council's Certification Committee, made up of at least three Council Members, shall consider any requested review of the denial decision.  The Secretary will attempt to schedule a Committee meeting within 30 days after receipt of the request for review.  The meeting shall be held in Chicago.  The Secretary will notify the applicant at least 10 days prior to the meeting of the location, date and time.

c)         The Secretary shall provide each Committee member with a copy of the request for review, other relevant information and a response to the points raised in the request for review.  Each Committee member shall review the files prior to the meeting.

d)         The Committee Chair shall call the meeting to order, announce the matter at issue and explain the meeting procedures. The Chair shall briefly restate the reasons given for the denial decision and open the floor to the applicant. The meeting shall proceed in an informal manner within these procedures.  All information obtained shall be considered.

e)         The applicant may make an opening statement, but must respond to each of the reasons for denial given in the denial decision.  The applicant may bring and question any witnesses.  The Committee may ask questions of the applicant, the Secretary or any other person present.  The Secretary may comment at any time. When the applicant is finished the Secretary may call witnesses.  Both applicant and Secretary may make closing statements. Although the applicant may have an attorney or other representatives assist at the meeting, applicant must be present and applicant must respond to questions of the Committee.

f)         The Committee shall consider the information obtained at the meeting.  The Committee's decision will be based upon majority vote to be given at a Committee meeting or submitted individually to the Secretary, who shall record and report the vote.

g)         If the decision is favorable to the applicant, the Secretary will notify and place the applicant on the list of certified vendors.  If the decision is adverse to the applicant, the Secretary will notify the applicant, providing the Committee's reasons and information on the further review that is available.

h)         The applicant may ask that the full Council review an adverse decision of the Certification Committee.  The applicant must submit this request in writing to the Secretary.  The request must be postmarked no later than 15 days after the applicant received the Committee's decision.  This request must state why the applicant believes the Committee's decision is wrong, must address all points raised in the Committee's decision and must include any supporting documentation.

i)          The Secretary shall provide each Council member with a copy of the request for review and a copy of the Secretary's file on the matter. In addition, the Secretary shall prepare and submit to the Council a draft response to the points raised in the request for review.  The Secretary shall consult with the Committee prior to submitting the draft.

j)          The Secretary will schedule the review at the earliest convenience of the Council. The applicant will be told of the location, date and time of the meeting.

k)         The Council shall consider only the written information provided or produced by the applicant, the Certification Committee and the Secretary.  The Council may, on its own, request that the applicant address the Council or respond to specific questions.  If the Council requests that the applicant be present, the applicant may have an attorney or other representative assist at the meeting, but the applicant must be available to respond to Council questions.  The Council will allow the applicant to address the Council if the applicant makes that request as part of the second request.

l)          After reviewing all information obtained, the Council shall vote to uphold the Committee's decision, overturn the Committee's decision or have the matter sent back to the Committee for reconsideration with instructions from the Council.

m)        If the decision is favorable to the applicant, the Council shall inform the Secretary.  The Secretary shall place the applicant on the list of certified vendors.  The Secretary shall inform the applicant.

n)         If the decision is adverse to the applicant, the Council shall inform the Secretary.  The Secretary shall notify the applicant.

o)         If the decision is to send the matter back to the Committee, the process shall continue from that point until resolved at the Committee or Council level.

(Recodified from Section 10.70 of 44 Ill. Adm. Code 10 (Central Management Services) pursuant to P.A. 101-657, at 47 Ill. Reg. 279)