Section 1520.60 Appeals

Section 1520

Section 1520.60  Appeals

a)         The appeals procedures of the Authority are subject to the

provisions of Article 10 of the Illinois Administrative Procedure Act (Ill.

Rev. Stat. 1991, ch. 127, pars. 1010-5 et seq.).

b)         An implementing agency may appeal any adverse action of the

Executive Director by writing to the Budget Committee within fourteen (14) days

from the day the notice of adverse action is mailed to the implementing

agency.  This written appeal shall contain specific reasons stating why the

action taken by the Executive Director should be modified and the action

requested of the Budget Committee and shall be signed by the implementing

agency's authorized official.

c)         If no timely appeal is taken from an adverse action, such

action of the Executive Director will be deemed the final action of the Budget

Committee, and Authority members shall be notified within five (5) business

days or before the next Authority meeting, whichever is sooner − by

phone, mail or equivalent − of the action of the Executive Director.

d)         When an appeal is timely filed, the Chairman of the Budget

Committee shall arrange for the Committee to hear and decide the appeal within

forty-nine (49) days of the receipt of the written appeal.  The implementing

agency shall have a right to appear before the Committee and to be represented

at the hearing by counsel and shall be notified of the hearing date at least

seven (7) days prior to the hearing.

e)         At the hearing, the Budget Committee shall consider the

written appeal to the adverse action submitted pursuant to subsection (b), any

written response to that appeal by Authority staff, and any testimony given by

the implementing agency or Authority staff to questions posed by Committee

members.

f)         The Budget Committee shall render a decision on the appeal before

adjourning the hearing.

g)         In accordance with the Organizational Rules of the Illinois

Criminal Justice Information Authority (2 Ill. Adm

(b), any

written response to that appeal by Authority staff, and any testimony given by

the implementing agency or Authority staff to questions posed by Committee

members.

f)         The Budget Committee shall render a decision on the appeal before

adjourning the hearing.

g)         In accordance with the Organizational Rules of the Illinois

Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority

members shall be notified within five (5) business days or before the next

Authority meeting whichever is sooner − by phone, mail or written

equivalent − of all appeal decisions made by the Budget Committee.

Within ten (10) business days of receipt of such information, a special meeting

of the Authority shall be convened upon the request of five (5) Authority

members, for the purpose of fully discussing such action taken by the Budget

Committee and to supersede the authorization granted to that Committee to act

upon the Authority's behalf in any particular appeal.  If no such action is taken

by the Authority, the decision of the Budget Committee shall be deemed the

final action of the Authority. Such meetings shall be conducted in conformance

with the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, par. 41, et seq.)

and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).