reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.305 - Initial Pleadings by Affordable Housing Developers

Current through Register Vol. 48, No. 28, July 12, 2024
Affordable Housing Developers must submit written Initial
				  Pleadings to the Board and must serve written Initial Pleadings on the
				  Approving Authority and all other parties within 45 Days after the final action
				  or decision of an Approving Authority to deny an application for an Affordable
				  Housing Development. In the case of Local Governments that are determined by
				  IHDA to be a Non-Exempt Local Government for the first time after August 9,
				  2013, no Affordable Housing Developer shall appeal to the Board until 60 months
				  after the Local Government has been notified of its non-exempt status. An
				  Initial Pleading may be submitted in paper form or on compact disc. An Initial
				  Pleading shall contain 3 copies of the following:
a) a clear and concise statement of the prior
				proceedings before all Approving Authorities, including the date of notice of
				the decision the Affordable Housing Developer is appealing;
b) a clear and concise statement of the
				Affordable Housing Developer's objections to the Approving Authority's
				decision, indicating why the Affordable Housing Developer believes the
				application to develop Affordable Housing was unfairly denied, which may
				include an appeal of IHDA's determination of the exempt status of the Local
				Government as set forth in Section
				395.401,
				or what conditions, if any, were imposed that the Affordable Housing Developer
				believes were unreasonable;
c) a
				clear and concise statement setting forth the relief sought;
d) the complete name and address of the
				Affordable Housing Developer for the purpose of service of papers in connection
				with the appeal;
e) the name and
				address of the attorney or attorneys representing the Affordable Housing
				Developer, if any; and
f) a
				complete copy of the application for the Affordable Housing Development, as it
				was submitted to the Approving Authority, including sufficient information to
				determine whether the proposal that is the subject of the appeal is Affordable
				Housing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.306 - Notice of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 5 Days after the Board has received the Initial Pleading filed by the
				Affordable Housing Developer, the Board shall send a Notice of Appeal and a
				courtesy copy of the Initial Pleading to the Approving Authority identified in
				the Initial Pleading.
b) Upon
				receipt, the Approving Authority shall post the Notice of Appeal in the
				Approving Authority's office and on the Approving Authority's website. The
				Approving Authority shall continue to post the Notice of Appeal for a period of
				not less than 10 Days. If the Approving Authority fails or neglects to post the
				Notice of Appeal in the Approving Authority's office or on the Approving
				Authority's website, the appeal shall proceed and shall not be
				impaired.
c) A Notice of Appeal
				shall include the following:
1) the time,
				place and nature of the appeal;
2)
				the legal authority and jurisdiction under which the hearing is to be
				held;
3) a reference to the
				particular Section of the Act involved;
4) the consequences of a failure to respond
				and the official file or other reference number; and
5) the name and mailing address of the Board
				and all parties.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.307 - Dismissal before Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 10 Days after receipt of the Notice of Appeal from the Board, the
				Approving Authority may file a motion to dismiss the appeal under the following
				circumstances:
1) pursuant to Section 20(c)
				of the Act, the Local Government was determined to be exempt pursuant to
				Section 20 of the Act in the year in which the appeal was filed. If applicable,
				the Local Government shall address any allegations by the Affordable Housing
				Developer, pursuant to Section
				395.401,
				that the determination the Local Government is exempt from the Act is
				incorrect; or
2) pursuant to
				Section 30(d) of the Act, the Local Government has adopted an Affordable
				Housing Plan, has submitted that plan to IHDA within the required time frame,
				and has submitted documentation to IHDA that evidences the Local Government has
				met its goal pursuant to Section 25(b)(iv) of the Act, subject to the written
				approval of IHDA in its discretion; or
3) pursuant to Section 30(e) of the Act, the
				denial is based upon Non-Appealable Local Government Requirements.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.308 - Reply to the Initial Pleading by Approving Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an appeal is not dismissed before the
				hearing pursuant to Section
				395.307,
				within 15 Days after the Board's decision to deny the motion to dismiss, the
				Approving Authority shall file a Reply to the Initial Pleading with the Board
				and shall provide a copy of the Reply to the Initial Pleading to the Affordable
				Housing Developer and all other parties. If no motion to dismiss is filed, the
				Approving Authority shall file a Reply to the Initial Pleading with the Board
				and shall provide a copy of the Reply to the Initial Pleading to the Affordable
				Housing Developer and all other parties within 15 Days after the Notice of
				Appeal.
b) The Reply to the Initial
				Pleading shall include the following:
1) a
				statement explaining why the application that is the subject of the appeal was
				denied or conditions were applied, which may include an appeal of IHDA's
				determination of the non-exempt status of the Local Government under the Act as
				set forth in Section
				395.401.
				If the Approving Authority denied an application or imposed conditions because
				it concluded that the Affordable Housing Developer did not comply with all
				Non-Appealable Local Government Requirements, the Reply to the Initial Pleading
				must specify the requirements that justify the denial or the imposition of
				changes;
2) a record of the vote on
				the Affordable Housing Developer's application that is the subject of the
				appeal; and
3) any findings of fact
				related to the application.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.309 - Prehearing Conferences, Settlement Conferences, Subpoenas and Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pre-hearing
				Conferences: The Board may, on its own motion or on motion of any other party
				to the appeal, set a pre-hearing conference. The Board's decision whether to
				conduct a pre-hearing conference will be based on the complexity of the appeal,
				the issues in controversy and the potential for settlement. The Board shall
				issue a pre-hearing conference order setting forth the matters agreed to and
				rulings as to disputed matters. The order shall be served concurrently upon all
				parties and the Board shall control the subsequent course of the proceedings.
				The purpose of the pre-hearing conference shall be to:
1) ascertain the positions of the
				parties;
2) promote the narrowing
				of witnesses;
3) allow for the
				admissions of fact and stipulation of evidence;
4) exchange witness lists;
5) aid in the simplification of the evidence
				and disposition of the proceedings; or
6) reach a compromise settlement agreeable to
				the parties.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.310 - Conduct of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Hearings may begin within 45 Days after the Initial Pleading is filed, unless
				the Board determines that a settlement conference is underway and is likely to
				resolve the matters in dispute to the satisfaction of both parties.
b) The Affordable Housing Developer shall
				present its case first, followed by questions from the Board.
c) The Approving Authority shall present its
				case second, followed by questions from the Board.
d) In the event that a Local Government's
				exempt or non-exempt status under the Act is appealed and the issue has not
				been disposed of by motion of either of the parties, then, pursuant to Section
				395.401,
				IHDA shall produce all written guidance and any other relevant materials
				regarding the Local Government's exempt or non-exempt status for the Board's
				review.
e) With respect to
				Non-Appealable Local Government Requirements, if there is disagreement between
				the Approving Authority and the Affordable Housing Developer as to whether a
				particular requirement is a Non-Appealable Local Government Requirement, the
				Board may make that determination based on whether the specific requirement in
				question meets the statutory definition of Non-Appealable Local Government
				Requirements.
f) Both parties shall
				be permitted to cross-examine witnesses; however, the scope of any such
				cross-examination shall be limited to the scope of the direct
				examination.
g) Both parties shall
				be permitted to make closing statements; closing statements shall not include
				facts not previously introduced.
h)
				The Board, upon motion of any Member or on the motion of a party, may amend a
				complaint to conform to the evidence presented in the hearing or to include
				uncharged allegations supported by the evidence at any time prior to the
				issuance of the Board's decision and order.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.311 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Motions shall be
				made in writing, unless made during the hearing, at which time the motions may
				be made orally, on the record. All motions shall set forth the relief or order
				sought and the legal authority for the action requested. If made in writing, at
				least 2 copies of all motions shall be filed with the Board, and at least one
				copy shall be served on each additional party to the hearing.
b) Within 10 Days, or other period as the
				Board may require, after service of a written motion or other document, a party
				may file a response to the motion. The response may include affidavits or other
				evidence.
c) A written brief may be
				filed with a motion or a response to a motion, stating the arguments and
				authorities relied upon. The brief shall be no longer than 15 pages in length
				unless, prior to the filing date, leave is granted by the Board to file a brief
				greater than 15 pages in length.
d)
				The Board may allow oral arguments to be heard on a motion.
e) The Board shall rule upon all motions,
				except that it shall have no authority to dismiss or decide an appeal on the
				merits without granting all parties to the proceeding a right to be heard and
				to establish a record.
f) The Board
				will dispose of motions by written order and on notice to all
				parties.
g) Unless otherwise
				ordered, the filing of an answer or motion shall not stay the proceeding or
				extend the time for the performance of any act.
h) A party has a right to file an emergency
				motion setting forth why an emergency exists and the Board may deny the
				emergency motion solely on the basis that the motion did not demonstrate that
				an emergency exists or the Board may grant or deny the motion on other
				grounds.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.312 - Postponement or Continuance of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Postponement or continuances of hearings shall be granted by
				  order of the Board for good cause shown in writing. Good cause shall be the
				  inability to attend the hearing at the date and time set by the Board for a
				  cause beyond the control of the party, such as the unavoidable absence of a
				  party, his or her attorney or material witness, or the serious illness or death
				  of a witness or party. The Board shall re-set the hearing for a continued case
				  unless the parties request that the Board decide the appeal based on the
				  evidence in the record without a formal hearing. Notwithstanding any
				  continuance, the Board shall issue, whenever possible, a final decision within
				  120 days after the Initial Pleading is filed. The Board may extend the time by
				  which it will render a decision when circumstances outside the Board's control
				  make it infeasible for the Board to render a decision within 120
				  days.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.314 - Affordable Housing Developer's Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a) Denial: Pursuant to Section 30(c) of the
				Act, in the case of a denial of an Affordable Housing Developer's application,
				the Affordable Housing Developer bears the burden of demonstrating that the
				Approving Authority unfairly denied approval of the Affordable Housing
				Development. To meet this burden, the developer must prove that it is an
				Affordable Housing Developer and has proposed an Affordable Housing
				Development. In addition, the Affordable Housing Developer shall demonstrate
				that:
1) the proposed Affordable Housing
				Development complies with all Non-Appealable Local Government Requirements and
				all relevant federal and State statutes and regulations. The Affordable Housing
				Developer must prove these elements with respect to only those aspects of the
				project that are in dispute;
2)
				Non-Appealable Local Government Requirements or federal or State statutes or
				regulations have been applied differently to proposals that do not include
				Affordable Housing;
3) the
				Approving Authority has a pattern of denying applications to develop Affordable
				Housing;
4) the Approving Authority
				changed the zoning of an area regarding a specific Affordable Housing
				Development that, but for the change in zoning, is otherwise able to proceed,
				or has a pattern of changing zoning of an area in regards to Affordable Housing
				Developments that, but for the change in zoning, are otherwise able to
				proceed;
5) the Approving Authority
				unreasonably or intentionally delayed its decision regarding a specific
				Affordable Housing Development that, but for the lack of timely decision by the
				Approving Authority, is otherwise able to proceed, or has a pattern of
				unreasonably or intentionally delaying its decisions on applications for
				Affordable Housing Developments that, but for the lack of timely decisions of
				the Approving Authority, are otherwise able to proceed;
6) IHDA's determination that the Local
				Government is exempt from the Act is incorrect based on the counting protocols
				set forth in Section 20 of the Act and any written guidance published by IHDA;
				or
7) the denial of the application
				for the Affordable Housing Development was unfair because it otherwise inhibits
				the construction of Affordable Housing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.315 - Standard of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The standard of proof for any hearing conducted under this
				  Part shall be the preponderance of the evidence.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.316 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
				render a written decision within 120 Days after the Initial Pleading is filed.
				Notwithstanding the foregoing, the Board may extend the time by which it will
				render a decision when circumstances outside the Board's control make it
				infeasible for the Board to render a decision within 120 Days. The written
				decision shall state the Board's findings of fact and conclusions of law.
				Findings of fact shall be based exclusively on the evidence presented and on
				matters officially noticed.
b) The
				Board shall dismiss the appeal during or after the hearing if, based on all
				relevant evidence presented, it concludes that:
1) the Local Government was an Exempt Local
				Government in the year in which the appeal was filed;
2) the Local Government has adopted an
				Affordable Housing Plan, has submitted that plan to IHDA within the required
				time-frame under the Act, and has submitted documentation to IHDA that
				evidences the Local Government has met its goal to provide Affordable Housing
				as required by the Act; or
3) the
				Approving Authority denied the Affordable Housing based upon Non-Appealable
				Local Government Requirements.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.317 - Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
				immediately notify the parties of its decision by delivering the decision at
				the hearing, or by certified or registered mail with return receipt signed by
				the person or his or her registered agent, or by private delivery
				service.
b) In cases in which the
				Affordable Housing Developer has met its burden of proof as set forth in
				Section
				395.314,
				the Approving Authority shall carry out the decision and order of the Board
				within 30 Days after the Board's decision. However, if the Approving Authority
				can demonstrate that a longer time period is necessary, the Board shall
				consider a longer time period to carry out the decision of the Board so long as
				the Approving Authority began to carry out the Board's decision within the
				initial 30 Day period.
c) The
				decision and order of the Board are binding on all parties. The Board can
				interpret or clarify its decision or order for the purposes of resolving any
				procedural ambiguities or disputes that may arise.
d) If the Approving Authority does not carry
				out the decision and order of the Board within the time limits prescribed in
				Section
				395.317(b),
				the Board may seek representation by the Attorney General's office, pursuant to
				the Attorney General Act [15 ILCS 205 ], and may file a complaint in the
				circuit court for the district in which the Approving Authority subject to the
				appeal is located.
e) If the
				Approving Authority does not carry out the decision and order of the Board
				within the time limits prescribed in Section
				395.317(b),
				the Affordable Housing Developer may seek legal representation and file a
				complaint in the circuit court for the district in which the Approving
				Authority subject to the appeal is located.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.318 - Motions to Reconsider the Board's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The affected party may file a motion to reconsider with the
				  Board within 14 Days after the Board's decision. The Board shall issue its
				  final decision within 14 Days after the receipt of the motion to
				  reconsider.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.319 - Appeals of the Board's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The final decision and order of the Board, after all motions
				  to reconsider have been exhausted, may be appealed by the party affected by the
				  decision by bringing an action for review in the appellate court for the
				  district in which the Local Government subject to the appeal is located. The
				  appellate court shall apply the "clearly erroneous" standard when reviewing
				  these appeals. An appeal of a final ruling of the Board shall be filed within
				  35 days after the Board's decision and in all respects shall be in accordance
				  with Section 3-113 of the Administrative Review Law [
				  735
				  ILCS 5/3-113 ].
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart D - APPEALS OF LOCAL GOVERNMENT EXEMPT STATUS › Section 395.401 - Appeals of IHDA's Determination of a Local Government's Exempt Status

Current through Register Vol. 48, No. 28, July 12, 2024
In connection with an appeal under Subpart C, a Local
				  Government or an Affordable Housing Developer may appeal IHDA's determination
				  of the Local Government's exempt or non-exempt status under the Act to the
				  extent that the appealing party can demonstrate that IHDA's determination was
				  not made in accordance with the counting protocols set forth in Section 20 of
				  the Act and any written guidance published by IHDA. The parties shall introduce
				  evidence to support their positions consistent with the requirements of Subpart
				  C. IHDA shall produce all written guidance and any other relevant materials
				  regarding the Local Government's exempt or non-exempt status for the Board's
				  review. The Board shall review the evidence provided by the parties and by IHDA
				  and shall issue its decision on the matter in connection with the appeal filed
				  under Subpart C. The Board may decide the matter during motion practice before
				  the Board or during the hearing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.100 - Legislation Controlling

Current through Register Vol. 48, No. 28, July 12, 2024
These By-Laws, the powers of the Corporation and of its
				Directors, Stockholders, and all matters concerning the conduct and regulation
				of the business of the Corporation shall be subject to the provisions of 315
				ILCS 15.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.110 - Location of Principal and Other Offices of the Corporation

Current through Register Vol. 48, No. 28, July 12, 2024
The location of the principal office of the Corporation shall
				be in Chicago, Illinois. The Corporation may have offices within the State of
				Illinois at such other places as shall be determined from time to time by the
				Board of Directors.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.200 - General Powers, Election of Directors, Term of Office, Qualifications and Vacancies

Current through Register Vol. 48, No. 28, July 12, 2024
All corporate powers of the Corporation shall be exercised by
				the Board of Directors, as provided for in the Act. The Board of Directors
				shall have the responsibility and authority to appoint all necessary Board
				Committees and Officer Committees to provide for prudent management and
				oversight of the Corporation. Each Director shall hold office until their
				successors are appointed, as provided for in the Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.205 - Chairman and Vice Chairman

Current through Register Vol. 48, No. 28, July 12, 2024
The Board of Directors shall elect one of its Board members as
				Vice-Chairman of the Board. At all meetings of the Board of Directors, the
				Chairman of the Board, or his designee, shall preside or, in the absence of the
				Chairman and his designee, the Vice Chairman of the Board shall
				preside.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.207 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
Meetings of the Board of Directors shall be held at such place
				within the State of Illinois as may from time to time be fixed by resolution of
				the Board or as may be specified in the call of any meeting, subject to the
				Open Meetings Act [5 ILCS 120 ]. Regular meetings of the Board of directors
				shall be held at such times as may from time to time be fixed by resolution of
				the Board, and special meetings may be held at any time upon the call of any
				three Directors or of the Chairman by oral, facsimile, or written notice duly
				served on or sent or mailed to each Director not less than two days before such
				meeting. The notice of any meeting need not specify the purpose thereof. A
				meeting of the Board may be held without notice immediately after the annual
				meeting of Members and stockholders at the same place at which such meeting was
				held.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.209 - Quorum and Voting

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 majority of the Directors then holding such office shall constitute a quorum
			 for the transaction of any business. Directors may participate in any meeting
			 through the use of a conference telephone or similar communications equipment
			 by means of which all persons participating can hear each other, and such
			 participation in a meeting shall constitute presence in person at the meeting.
			 At any meeting of the Board of Directors, if there is less than a quorum
			 present, a majority of those present may adjourn the meeting from time to time
			 until a quorum is obtained.
b) When
			 a quorum is present at any meeting of the Board of Directors, the vote of a
			 majority of the voting Directors then holding such office shall be the act of
			 the Board and shall decide any question properly brought before such meeting.
			 Each voting Director shall have one vote in all such decisions.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.211 - Resignation of Directors

Current through Register Vol. 48, No. 28, July 12, 2024
Any Director may resign at any time by giving written notice of
				such resignation, either to the Board of Directors, the President or the
				Secretary-Treasurer of the Corporation. Unless otherwise specified therein,
				such resignation shall take effect upon receipt thereof by the Board of
				Directors or by such Officer.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.213 - Committees

Current through Register Vol. 48, No. 28, July 12, 2024
In its discretion, the Board of Directors may appoint an
				Executive Committee and one or more other committees, which, to the extent of
				the authority conferred by the resolutions appointing them, may exercise any of
				the powers of the Board of Directors, including the power to authorize the seal
				of the Corporation to be affixed to all papers which may require it. In its
				discretion, the Board of Directors may appoint one or more Officer Committees
				which the Board deems necessary or appropriate for the prudent management and
				oversight of the Corporation, which, to the extent of the authority conferred
				by the resolutions appointing them, shall have and may exercise any of the
				powers of the Board of Directors. Unless the Board of Directors provides
				otherwise in the resolutions appointing any such committee, a committee of two
				members may act only by unanimous vote of such members, any such committee
				composed of more than two members may act by the vote of a majority of its
				members, and any such committee may fix the time and place of its meetings. The
				Board of Directors must ratify any action of any committee. The Board of
				Directors shall have power at any time to fill vacancies in, to change the
				membership of, or to dissolve any such committee.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.220 - Officers

Current through Register Vol. 48, No. 28, July 12, 2024
The Officers of the Corporation shall be a President and such
				other Officers as may be appointed in accordance with the provisions of Section
				700.221
				of this Part. Any two offices but not more than two, may be held by the same
				person.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.221 - Election, Term of Office, and Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
Each Officer specifically designated in Section
				700.220
				of this Part shall be elected by the Board of Directors, and shall hold his
				office until his successor is elected and qualified or until his death or until
				he shall resign or shall have been removed in the manner provided in Section
				700.223 of this
				Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.222 - Subordinate Officers

Current through Register Vol. 48, No. 28, July 12, 2024
The Board of Directors from time to time may appoint or
				authorize the President to appoint, other Officers or Agents which of whom
				shall hold office for such period, have such authority and perform such duties
				as are provided in these By-Laws or as the Board of Directors (or the President
				in the case of Officers and Agents appointed by him) from time to time may
				determine. The President may appoint any such subordinate Officers or Agents,
				fix their term of office, and prescribe their respective authorities and
				duties.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.223 - Removal

Current through Register Vol. 48, No. 28, July 12, 2024
Any Officer may be removed at any time either with or without
				cause by the vote of a majority of the total number of Directors then in
				office, and any Officer or Agent appointed by the President may be removed at
				any time by the President with or without cause.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.224 - Resignation of Officers

Current through Register Vol. 48, No. 28, July 12, 2024
Any Officer may resign at any time by giving written notice of
				such resignation to the Board of Directors or to the President of the
				Corporation. Unless otherwise specified therein, such resignation shall take
				effect upon receipt thereof by the Board of Directors or by the
				President.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.225 - Vacancies

Current through Register Vol. 48, No. 28, July 12, 2024
A vacancy in any office because of death, resignation, removal,
				disqualification or any other cause shall be filled for the unexpired portion
				of the term in the manner prescribed by the By-Laws for the regular election to
				such office.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.227 - The President

Current through Register Vol. 48, No. 28, July 12, 2024
The President shall be the Chief Executive Officer of the
				Corporation, and, subject to the control of the Board of directors, shall have
				general charge of the business, affairs, and property of the Corporation, and
				control over its Officers. The President shall do and perform all such other
				duties and may exercise such other powers as from time to time may be assigned
				to him by these By-Laws or by the Board of Directors. The Officers of the
				Corporation shall be responsible to the President for the proper and faithful
				discharge of their several duties, and shall make such reports to him as he may
				from time to time require.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.250 - Execution of Instruments Generally

Current through Register Vol. 48, No. 28, July 12, 2024
All documents, instruments or writing of any nature shall be
				signed, executed, verified, acknowledged and delivered by such Officers, Agents
				or Employees of the Corporation, or any one of them, and in such manner, as
				from time to time may be determined by the Board of
				Directors.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.252 - Checks, Drafts, etc

Current through Register Vol. 48, No. 28, July 12, 2024
All notes, drafts, acceptances, checks, endorsements, and all
				evidences of indebtedness of the Corporation whatsoever, shall be signed by
				such Officers, Agents or Employees of the Corporation or any one of them, and
				in such manner, as from time to time may be determined by the Board of
				Directors. Endorsements for deposit to the credit of the Corporation in any of
				its duly authorized depositories shall be made in such manner as the Board of
				Directors from time to time may determine.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.260 - Intercompany Dealings

Current through Register Vol. 48, No. 28, July 12, 2024
The Corporation shall not, however, make loans directly or
				indirectly to any Director or Officer of the Corporation or to any firm or
				corporation in which such Director or Officer, or any member of the immediate
				family of any such Director or Officer owns in excess of a ten percent
				interest, or otherwise controls, directly or indirectly. Any Director or
				Officer knowingly approving any loan in violation of this section shall be
				personally liable, for the amount thereof and such approval shall be presumed
				unless the dissent of such Director or Officer is noted upon the records of the
				Corporation.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.265 - Seal

Current through Register Vol. 48, No. 28, July 12, 2024
The Seal of the Corporation shall, subject to alteration by the
				Board of Directors, consist of a flat-faced circular die with the words
				"Illinois Community Development Finance Corporation," cut or engraved thereon.
				In lieu of the corporate seal, when so authorized by the Board of Directors, a
				facsimile of such corporate seal may be impressed or affixed or
				reproduced.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.270 - Reliance on Records and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Each Director, Officer, or Member of any committee designated
				by, or by authority of the Board of Directors shall, in the performance of his
				duties, be fully protected in relying in good faith upon the books of account
				or other records of the Corporation or upon reports made to the Corporation by
				any official of the Corporation or by an independent certified public
				accountant or by an appraiser selected with reasonable care by the Board of
				Directors or by any such committee.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.275 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
The By-Laws of the Corporation (subject to the provisions of
				the Illinois Administrative Procedure Act [5 ILCS 100 ]) may be amended, added
				to or repealed at any meeting of the Board of Directors provided that notice of
				the proposed change is given in the notice of the meeting and provided further
				that if any By-Law regulating an impending election of Directors is adopted or
				amended or repealed by the Board of Directors, there shall be set forth in the
				notice of the next meeting for the election of Directors the By-Law so adopted
				or amended or repealed together with a concise statement of the changes
				made.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 700 - BY-LAWS › Section 700.280 - Indemnification of Directors, Officers, and Employees

Current through Register Vol. 48, No. 28, July 12, 2024
Each Director, Officer, and Employee of the Corporation (and
				his heirs, executors, and administrators) shall be indemnified by the
				Corporation against any costs, expenses (including attorneys' fees), and
				liabilities reasonably incurred by or imposed upon him in connection with any
				action, suit or proceeding, or any appeal therein, to which he may be made a
				party by reason of his being, or having been, a Director, Officer, or Employee
				of the Corporation, or of any other corporation which he serves or has served
				as Director, Officer, or Employee at the request of the Corporation (whether or
				not he continues to be a Director, Officer, or Employee of the Corporation or
				such other corporation at the time such action, suit or proceeding is brought),
				except with respect to matters as to which he shall be finally adjudged in such
				action, suit or proceeding to be liable for willful, intentional or bad-faith
				misconduct in the performance of his duties as such Director, Officer, or
				Employee. Each such person shall be indemnified by the Corporation, to the
				extent permitted by law,
a) against
			 any costs and expenses (including attorney's fees) reasonably incurred in
			 connection with any such action, suit or proceeding with any such action, suit
			 or proceeding with which he shall be threatened, and
b) against any reasonable amounts he shall
			 pay in settlement of any such action, suit or proceeding, or by the settlement,
			 as to which the Corporation is advised by counsel that in the opinion of
			 counsel such Director, Officer, or Employee would not, in the absence of such
			 settlement, have been held liable for willful, intentional or bad-faith
			 misconduct in the performance of his duties as a Director, Officer, or
			 Employee. The word "Director" as used in this Part shall be deemed to include a
			 Director performing duties as a member of the Executive Committee or other
			 committee of the Board of Directors.
Illinois Administrative Code › Title 50 - INSURANCE › Part 101 - NATION-WIDE MARINE DEFINITION OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS › Section 101.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to describe the kinds of risks and
				coverages which may be classified or identified under State Insurance laws as
				Marine, Inland Marine or Transportation insurance, but does not include all of
				the kinds of risks and coverages which may be written, classified or identified
				under Marine, Inland Marine or Transportation insuring powers, nor shall it be
				construed to mean that the kinds of risks and coverages are solely marine,
				Inland Marine or Transportation insurance in all instances.
Illinois Administrative Code › Title 50 - INSURANCE › Part 101 - NATION-WIDE MARINE DEFINITION OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS › Section 101.20 - Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall not be construed to restrict or limit in any
				way the exercise of any insuring powers granted under charters and license
				whether used separately, in combination or otherwise.
Illinois Administrative Code › Title 50 - INSURANCE › Part 101 - NATION-WIDE MARINE DEFINITION OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS › Section 101.30 - Marine and/or Transportation Policies

Current through Register Vol. 48, No. 28, July 12, 2024
Marine and/or Transportation policies may cover the following
				risks and coverages:
a) Imports
1) Imports on consignment may be covered
			 wherever the property may be and without restriction as to time, provided the
			 coverage of the issuing companies includes hazards of transportation.
2) An Import, as a proper subject of marine
			 or transportation insurance, shall be deemed to maintain its character as such
			 so long as the property remains segregated in such a way that it can be
			 identified and has not become incorporated and mixed with the general mass of
			 property in the United States, and shall be deemed to have been completed when
			 such property has been:
A) sold and delivered
			 by the importer, factor or consignee; or
B) removed from place of storage and placed
			 on sale as part of importer's stock in trade at a point of sale-distribution;
			 or
C) delivered for manufacture,
			 processing or change in form to premises of the importer or premises of any
			 other which are used for any such purpose.
Illinois Administrative Code › Title 50 - INSURANCE › Part 101 - NATION-WIDE MARINE DEFINITION OF THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS › Section 101.40 - Coverage not Permitted

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise permitted, nothing in the foregoing shall be
				construed to permit Marine or Transportation Policies to Cover:
a) Storage of Assured's merchandise, except
			 as hereinbefore provided.
b)
			 Merchandise in course of manufacture, the property of and on the premises of
			 the manufacturer.
c) Furniture and
			 fixtures and improvements and betterments to buildings.
d) Monies and/or securities in safes, vaults,
			 safety deposit vaults, bank or Assured's premises, except while in course of
			 transportation.
Illinois Administrative Code › Title 50 - INSURANCE › Part 102 - PLATE GLASS SERVICE CONTRACTS › Section 102.10 - Contracts with Glass Companies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Insurers licensed to write plate glass insurance in the State of Illinois may
			 not enter into contracts with a glass company whereby in consideration of the
			 payment of a specified percentage of the earned premiums on all plate glass
			 business written, the glass company agrees to undertake to inspect, service and
			 replace any an all plate glass insured by such companies.
b) A contract of this nature is an insurance
			 contract and as such it is in violation of the insurance statutes of this
			 State, which provide that all insurers shall qualify with this Department and
			 operate under its direct supervision.
Illinois Administrative Code › Title 50 - INSURANCE › Part 201 - SUBORDINATED INDEBTEDNESS › Section 201.5 - Statutory Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The following rule is promulgated and adopted pursuant to and
				in accordance with the provisions of Section 401 of the Illinois Insurance Code
				in order to implement Section 34.1 thereof.
Illinois Administrative Code › Title 50 - INSURANCE › Part 201 - SUBORDINATED INDEBTEDNESS › Section 201.10 - Application and Effective Date

Current through Register Vol. 48, No. 28, July 12, 2024
This rule applies to all companies organized under Article II
				of the Illinois Insurance Code and is applicable to any and all debts other
				than those shown as a legal liability of the company. It shall become effective
				September 1, 1963.
Illinois Administrative Code › Title 50 - INSURANCE › Part 201 - SUBORDINATED INDEBTEDNESS › Section 201.20 - Approval of Debenture Form by Director Prior to Shareholder Approval

Current through Register Vol. 48, No. 28, July 12, 2024
The subordinated indebtedness agreement (debenture) shall be
				submitted for the approval of the Illinois Director of Insurance (Director) as
				required by Section 34.1 of the Illinois Insurance Code [215
				ILCS 5/34.1 ].
a) The agreement must state that:
1) All payments of principal and/or interest
			 must be approved by the Director, and
2) The obligation of the company under such
			 debenture may not be offset or be subject to recoupment with respect to any
			 liability or obligation owed to the company, and
3) No agreement or interest securing such
			 debentures, whether existing on the date of such debenture or subsequently
			 entered into, applies to the obligation under such debenture.
Illinois Administrative Code › Title 50 - INSURANCE › Part 201 - SUBORDINATED INDEBTEDNESS › Section 201.30 - Approval by Shareholders

Current through Register Vol. 48, No. 28, July 12, 2024
After submission of the documents specified in Section
				201.20
				and approval thereof by the Director, the proposed form of debenture and the
				resolution authorizing it shall be presented for consideration at a regular or
				special shareholder's meeting called to determine the question of whether or
				not the debenture shall be made. All agreements shall be executed and the
				consideration received within one year after the date of shareholder's
				approval.
Illinois Administrative Code › Title 50 - INSURANCE › Part 201 - SUBORDINATED INDEBTEDNESS › Section 201.50 - Reporting and Accounting of Indebtedness

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall be notified immediately
			 in writing upon the execution of any such debenture as to the amount thereof
			 and to whom payable.
b) All
			 outstanding subordinated indebtedness and interest accrued thereon shall be
			 reported separately in the Annual Statement on Page 3 and in any other
			 financial statements of the company as special surplus funds.
c) The issuance and repayment of the
			 debenture, as well as the payment of the interest thereon, shall be reflected
			 as direct debits or credits to the Capital and Surplus Account of the company's
			 financial statement.
d) The
			 interest expense incurred on the debenture during the current period shall be
			 reflected as a deduction from income in lieu thereof on the Statement of
			 Income/Summary of Operations of the company's financial statements.