Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 40 - SERVICE-DISABLED AND VETERAN-OWNED SMALL BUSINESSES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 40.600 - Review and Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The applicant may request that CMS reconsider a certification denial. CMS shall
				inform the applicant of the reconsideration decision within 60 days after
				receipt of the request for reconsideration.
b) The applicant may request a review of an
				unfavorable reconsideration decision of CMS. The applicant must submit this
				request in writing to CMS postmarked no later than 30 days after the applicant
				received the decision. The request must state why the applicant believes the
				decision is wrong, must address all points raised in the decision and must
				include any supportive documentation. Upon receipt of this request, CMS shall
				refer all documentation to the Committee for review.
c) The Committee (see Section 20.20)  shall
				consider any requested appeal reviews from CMS. CMS will attempt to schedule a
				Committee meeting within 30 days after receipt of the request for review. The
				meeting may be held in Chicago or Springfield and CMS will notify the applicant
				at least 10 days prior to the meeting of the location, date and time.
d) CMS shall provide each Committee member
				with a copy of the request for review, other relevant information and a
				response to the points raised in the request for review. Each Committee member
				shall review the files prior to the meeting.
e) The Committee Chair shall call the meeting
				to order, announce the matter at issue and explain the meeting procedures. The
				Chair shall briefly restate the reasons given for the decision for denial and
				open the floor to the applicant. The meeting shall proceed in an informal
				manner within these procedures. All information obtained shall be
				considered.
f) The applicant may
				make an opening statement, but must respond to each of the reasons for denial
				given in the decision. The applicant may bring and question any witnesses. The
				Committee may ask questions of the applicant, CMS or any other person present.
				CMS may comment at any time. When the applicant is finished, CMS may call
				witnesses. Both the applicant and CMS may make closing statements. Although the
				applicant may have an attorney or other representatives assisting at the
				meeting, the applicant must be present and respond to questions of the
				Committee.
g) The Committee shall
				consider the information obtained at the meeting. The Committee's decision will
				be based upon majority vote to be given at a Committee meeting or submitted
				individually to CMS, who shall record and report the vote.
h) If the decision is favorable to the
				applicant, CMS will reverse its denial decision, notify the applicant, and
				place the applicant on the list of certified vendors. If the decision is
				adverse to the applicant, CMS will notify the applicant accordingly, providing
				the Committee's reasons for supporting CMS' original denial decision.