Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 30 - BUSINESS ENTERPRISE PROGRAM: CONTRACTING WITH BUSINESSES OWNED AND CONTROLLED BY MINORITIES, FEMALES AND PERSONS WITH DISABILITIES › Subpart G - RECONSIDERATION, DECERTIFICATION AND RECERTIFICATION › Section 30.70 - Review and Reconsideration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The applicant may request a review of a certification denial by submitting this
				request in writing to the Secretary postmarked no later than 30 days after the
				applicant received the certification denial letter. The request must state why
				the applicant believes the denial decision is wrong, must address all points
				raised in the denial decision and must include any supporting
				documentation.
b) The Council's
				Certification Committee, made up of at least three Council Members, shall
				consider any requested review of the denial decision. The Secretary will
				attempt to schedule a Committee meeting within 30 days after receipt of the
				request for review. The meeting shall be held in Chicago. The Secretary will
				notify the applicant at least 10 days prior to the meeting of the location,
				date and time.
c) The Secretary
				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.
d) 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
				denial decision and open the floor to the applicant. The meeting shall proceed
				in an informal manner within these procedures. All information obtained shall
				be considered.
e) The applicant may
				make an opening statement, but must respond to each of the reasons for denial
				given in the denial decision. The applicant may bring and question any
				witnesses. The Committee may ask questions of the applicant, the Secretary or
				any other person present. The Secretary may comment at any time. When the
				applicant is finished the Secretary may call witnesses. Both applicant and
				Secretary may make closing statements. Although the applicant may have an
				attorney or other representatives assist at the meeting, applicant must be
				present and applicant must respond to questions of the Committee.
f) 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 the Secretary, who shall record and report the vote.
g) If the decision is favorable to the
				applicant, the Secretary will notify and place the applicant on the list of
				certified vendors. If the decision is adverse to the applicant, the Secretary
				will notify the applicant, providing the Committee's reasons and information on
				the further review that is available.
h) The applicant may ask that the full
				Council review an adverse decision of the Certification Committee. The
				applicant must submit this request in writing to the Secretary. The request
				must be postmarked no later than 15 days after the applicant received the
				Committee's decision. This request must state why the applicant believes the
				Committee's decision is wrong, must address all points raised in the
				Committee's decision and must include any supporting documentation.
i) The Secretary shall provide each Council
				member with a copy of the request for review and a copy of the Secretary's file
				on the matter. In addition, the Secretary shall prepare and submit to the
				Council a draft response to the points raised in the request for review. The
				Secretary shall consult with the Committee prior to submitting the
				draft.
j) The Secretary will
				schedule the review at the earliest convenience of the Council. The applicant
				will be told of the location, date and time of the meeting.
k) The Council shall consider only the
				written information provided or produced by the applicant, the Certification
				Committee and the Secretary. The Council may, on its own, request that the
				applicant address the Council or respond to specific questions. If the Council
				requests that the applicant be present, the applicant may have an attorney or
				other representative assist at the meeting, but the applicant must be available
				to respond to Council questions. The Council will allow the applicant to
				address the Council if the applicant makes that request as part of the second
				request.
l) After reviewing all
				information obtained, the Council shall vote to uphold the Committee's
				decision, overturn the Committee's decision or have the matter sent back to the
				Committee for reconsideration with instructions from the Council.
m) If the decision is favorable to the
				applicant, the Council shall inform the Secretary. The Secretary shall place
				the applicant on the list of certified vendors. The Secretary shall inform the
				applicant.
n) If the decision is
				adverse to the applicant, the Council shall inform the Secretary. The Secretary
				shall notify the applicant.
o) If
				the decision is to send the matter back to the Committee, the process shall
				continue from that point until resolved at the Committee or Council
				level.