Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 12 - RELOCATION ASSISTANCE SERVICES AND PAYMENTS PROGRAM FOR AIRPORT PROJECTS › Section 12.40 - Appeal Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 a claim for payment is denied, in whole or in part, the Division will notify
			 the displaced person or business in writing within 30 calendar days after
			 receipt of the claim. This notification will also inform the person of the
			 right to request a review of the denial by the Chief of Airport
			 Engineering.
b) A displaced person
			 may file a written request for review within 60 calendar days after receipt of
			 written notification denying the claim. The request for review shall be filed
			 with the Chief of Airport Engineering at #1 Langhorne Bond Drive, Springfield,
			 Illinois 62707, (217) 785-8514, Fax #: (217) 785-4533. If the displaced person
			 does not file a request for review within 60 calendar days after receipt of
			 written notification denying the claim, the displaced person shall be deemed to
			 have waived his/her opportunity to file a request for review. In that case, the
			 approved amount of the claim, if any, will be processed for payment.
1) The Division will consider a written
			 request for review regardless of form. Upon receipt of the request for review,
			 the Chief of Airport Engineering will assign a date and place for the review
			 meeting. Written notification of the date and place will be provided to the
			 displaced person in person or by certified mail, return receipt requested, at
			 least 10 days prior to the scheduled date for review. The Chief of Airport
			 Engineering will designate a person to conduct the review who was not directly
			 involved in the action being reviewed.
2) Prior to the review, the displaced person
			 will be permitted to inspect and copy all materials pertinent to his/her review
			 in accordance with the Freedom of Information Act [5 ILCS 140 ].
3) The displaced person, or a representative,
			 will be afforded a full opportunity to be heard and to present information or
			 documentation in support of the claim for payment. Representation by another
			 person will be at the sole expense of the displaced person.
4) The Chief of Airport Engineering will
			 determine an appropriate payment based upon the facts presented and the law.
			 Written notification of the decision by the Chief of Airport Engineering will
			 be sent by certified mail, return receipt requested, within 15 calendar days
			 after the date of the review.
5) If
			 the Chief of Airport Engineering's decision upholds the denial of payment, in
			 whole or in part, the written notification will detail the reasons supporting
			 the denial and will also advise the displaced person of his/her right to
			 request a final review by the Director if he/she is dissatisfied with the
			 review findings of the Chief of Airport Engineering. If the displaced person
			 does not request a final review within 15 calendar days after written
			 notification of the denial has been sent by the Chief of Airport Engineering,
			 the displaced person shall be deemed to have waived his/her opportunity to file
			 a request for a final review.
A) A displaced
			 person may request a final review, by notifying the Director in writing at the
			 address provided in subsection (b) of this Section.
B) Upon receipt of the request for a final
			 review, the Director will assign a date and place for the final review meeting.
			 Written notification of the date and place of the final review will be
			 delivered either in person or by certified mail, return receipt requested, at
			 least 10 days prior to the scheduled date for final review. The Director will
			 designate a person to conduct the review who was not directly involved in the
			 action being reviewed.
C) The
			 displaced person, or representative, will be afforded a full opportunity to be
			 heard and to present information or documentation in support of the claim for
			 payment. Representation by another person will be at the sole expense of the
			 displaced person.
D) The Director
			 will determine the final disposition of the payment based upon the facts
			 presented and the law. Written notification of the Director's decision and the
			 reasons supporting his/her decision will be sent by certified mail, return
			 receipt requested, within 15 calendar days after the date of the final
			 review.
E) The decision by the
			 Director is final. The displaced person will be advised of his/her right to
			 seek redress through judicial review.