Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart C - REVOCATION OF PERMITS › Section 522.130 - Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Proceedings
1) In response to the timely
				receipt of the permittee's reply requesting a review, the Department will
				notify the Director within 14 calendar days that a request for review has been
				received. The Department will also send a copy of the written notice to the
				permittee by certified mail.
2)
				Within 28 calendar days after the permittee's receipt of the Department's
				notice to the Director, the permittee shall submit to the Director in duplicate
				its written argument supporting its positions. The permittee shall also send a
				copy of its argument to the Department by certified mail.
3) Within 28 calendar days after the
				Department's receipt of the permittee's argument, the Department will submit to
				the Director in duplicate its written argument and response to the permittee's
				argument supporting its positions. The Department is responsible for assembling
				the record for review and will include the record for review with its argument
				to the Director. The Department will also send a copy of its argument and
				response and the record for review to the permittee by certified
				mail.
4) Within 14 calendar days
				after receipt of the Department's argument and response and the record for
				review, the permittee shall submit to the Director in duplicate its written
				rebuttal argument to the Department's argument and response. The permittee's
				rebuttal argument shall only address the Department's argument and response and
				shall not introduce new theories on the disputed matter. The permittee shall
				also send a copy of its rebuttal argument to the Department by certified
				mail.
5) The Director may hold a
				conference if it is necessary to adjudicate conflicting facts or to simplify
				relevant issues. Conferences may be held in person or by telephone.
6) Within 28 calendar days after receipt of
				arguments, rebuttal argument, exhibits and a conference, if one is held, the
				Director shall render the decision and promptly notify the Department and the
				permittee in writing by certified mail of the decision.
A) The decision will be based on the written
				arguments, rebuttal argument, the fact finding conference, and relevant
				exhibits.
B) All ex parte
				communications with the Director pertaining to the review will be promptly
				summarized and communicated in writing to the opposing parties.
7) Written arguments and written
				rebuttal arguments must contain proposed findings of fact and conclusions of
				law.
8) If the permittee fails to
				submit a written argument or does not submit it within the 28 calendar day
				period, the resultant decision will be that the allegation or allegations as
				set forth in the Notice of Intent to Revoke Permit are true, correct, and
				proven.
9) If the Department fails
				to submit a written argument or does not submit it within the 28 calendar day
				period, the resultant decision will be that the allegation or allegations as
				set forth in the Notice of Intent to Revoke Permit are unproven.
10) If the permittee fails to submit a
				written rebuttal argument within the 14 calendar day period, the rebuttal
				argument will not be considered.
11) The Director may extend deadlines
				prescribed in this Section upon a written request by either the permittee or
				the Department.