35 ILCS 10/5-10
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 10/ - Economic Development for a Growing Economy Tax Credit Act.|Article 5 - Economic Development for a Growing Economy Tax Credit Act

Sec. 5-10. Powers of the Department. The Department, in  addition to those powers  granted under the Civil Administrative Code of Illinois, is granted and shall  have all the powers necessary  or convenient to carry out and effectuate the purposes and provisions of this  Act, including, but not limited  to, power and authority to:(a) Promulgate procedures, rules, or regulations deemed necessary and  appropriate for the  administration of the programs; establish forms for applications,  notifications, contracts, or any other  agreements; and accept applications at any time during the year.(b) Provide and assist Taxpayers pursuant to the  provisions of this Act, and  cooperate with Taxpayers that are parties to Agreements  to promote, foster, and  support economic development, capital investment, and job creation or retention  within the State.(c) Enter into agreements and memoranda of understanding for participation  of and engage in  cooperation with agencies of the federal government, local units of government,  universities, research  foundations or institutions, regional economic development corporations, or  other organizations for the  purposes of this Act.(d) Gather information and conduct inquiries, in the manner and by the  methods as it deems desirable,  including without limitation, gathering information with respect to  Applicants for the  purpose of making any designations or certifications necessary or desirable or  to gather information to  assist the Department with any recommendation or guidance in the furtherance of  the purposes of this Act.(e) Establish, negotiate and effectuate any term, agreement or other  document with any person,  necessary or appropriate to accomplish the purposes of this Act; and to  consent, subject to the provisions  of any Agreement with another party, to the modification or restructuring of  any Agreement to which the  Department is a party.(f) Fix, determine, charge, and collect any premiums, fees, charges, costs,  and expenses from Applicants,  including, without limitation,  any  application fees,  commitment fees, program fees, financing charges, or publication fees as deemed  appropriate to pay  expenses necessary or incident to the administration, staffing, or operation in  connection with the  Department's activities under this Act, or for preparation,  implementation, and  enforcement of the terms of the Agreement, or for consultation, advisory and  legal fees, and other costs;  however, all fees and expenses incident thereto shall be the responsibility of  the Applicant.(g) Provide for sufficient personnel to permit administration, staffing,  operation, and related support  required to adequately discharge its duties and responsibilities described in  this Act from funds made  available through charges to Applicants  or from funds as  may be appropriated by the General Assembly for the administration of this Act.(h) Require Applicants, upon written request, to  issue any necessary  authorization to the appropriate federal, state, or local authority for the  release of information concerning a  project being considered under the  provisions of this Act, with the  information requested to include, but not be limited to, financial reports,  returns, or records relating to the  Taxpayers' or its project.(i) Require that a Taxpayer shall at all times  keep proper books  of record and account in accordance with generally accepted accounting  principles consistently applied,  with the books, records, or papers related to the Agreement in the custody or  control of the Taxpayer open for  reasonable Department inspection and audits, and including, without limitation,  the making of copies of the  books, records, or papers, and the inspection or appraisal of any of the  Taxpayer or  project assets.(j) Take whatever actions are necessary or appropriate to protect the  State's interest in the  event of bankruptcy, default, foreclosure, or noncompliance with the terms and  conditions of financial  assistance or participation required under this Act, including the power to  sell, dispose, lease, or rent, upon  terms and conditions determined by the Director to be appropriate, real or  personal property that the  Department may receive as a result of these actions.  (Source: P.A. 102-330, eff. 1-1-22.)