Section 1000.1000 Scholarship Granting Organizations: Annual Recertification; Revocation
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Illinois Administrative Code › Title 86 REVENUE › CHAPTER I: DEPARTMENT OF REVENUE › Part 1000 INVEST IN KIDS ACT › Section 1000.1000 Scholarship Granting Organizations: Annual Recertification; Revocation
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Section 1000.1000 Scholarship Granting Organizations:
Annual Recertification; Revocation
a)
Each SGO that receives approval to issue certificates of
receipt shall file an application for recertification on an annual basis. The
application for recertification shall be in the form and manner prescribed in
Section
1000.300
and shall include:
1)
certification from the Director or Chief Executive Officer
of the organization that the organization has complied with and continues to
comply with the requirements of the Act, including evidence of that compliance;
and
2)
a copy of the organization's current financial statements.
b)
The Department may revoke the approval of an SGO to issue
certificates of receipt upon a finding that the organization has violated the Act
or this Part
. These violations shall include, but need not be limited
to, any of the following:
1)
failure to meet the requirements of the Act;
2)
failure to maintain full and adequate records with respect
to the receipt of qualified contributions;
3)
failure to supply these records to the Department; or
4)
failure to provide notice to the Department of the issuance
of certificates of receipt pursuant to Section 35 of the Act.
c)
Within 5 days after the determination to deny
recertification or to revoke approval, the Department shall provide notice of
the determination to the SGO and information regarding the process to request a
hearing to appeal the determination.
[35 ILCS 40/20]
An SGO whose
recertification was denied or approval revoked may, within 20 days after notice
of the determination, protest the Department's determination by making a
written request for a hearing. After receipt of the request for a hearing, the
Department shall give notice to the SGO of the time and place fixed for the
hearing, shall hold a hearing, and shall issue its final administrative
decision to the SGO
tification was denied or approval revoked may, within 20 days after notice
of the determination, protest the Department's determination by making a
written request for a hearing. After receipt of the request for a hearing, the
Department shall give notice to the SGO of the time and place fixed for the
hearing, shall hold a hearing, and shall issue its final administrative
decision to the SGO. In the absence of a protest within 20 days, the
Department's decision shall become final without any further determination
being made or notice given.
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