Section 1130.810  Declaratory Rulings

HFSRB shall render determinations on various matters relating to permits and the applicability of the statute and regulations.  Requests for determinations shall be made in writing.  Pursuant to Section 5-150 of the Illinois Administrative Procedure Act, these determinations are declaratory rulings and are not subject to appeal.  Matters subject to declaratory rulings by HFSRB include, but are not limited to:

a)         whether a proposed project requires a permit or exemption;

b)         corrections to the facility inventories utilized by HFSRB;

c)         recognition that a particular service was in existence prior to permit requirements;

d)         amount of fees required;

e)         project classification as substantive or non-substantive; and

f)                   applicability of rules.

HFSRB NOTE: Declaratory ruling requests pertaining to an application for permit or exemption during the review period may be submitted only by the applicant and by HFSRB staff.

(Source:  Amended at 40 Ill. Reg. 14647, effective October 14, 2016)