Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.60 - Receipt of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				permit applications shall be stamped or otherwise marked with the date and time
				upon receipt at the designated Department office.
b) Priority of processing permit applications
				shall be in the order they are received.
c) If a receipt is requested showing the date
				and time the application was received, the applicant shall submit a
				self-addressed, stamped envelope.
d) Applications must be delivered to the
				designated Department office with jurisdiction and not to any other District or
				to personnel other than the personnel designated to accept
				applications.
e) Mailed
				applications will be considered to be received on the date postmarked by the
				U.S. Postal Service (USPS) on the envelope (at 11:59 PM). Private postmark
				stamps, bulk rate, or business stamping machines will not establish the proper
				postmark. The postmark will be established by the canceled stamp or USPS
				insignia on the envelope. If a postmark fails to exist, then the date shall be
				the date and time actually received and marked by the designated personnel at
				the Department office.
f)
				Attempting to "notarize" or acknowledge a time other than 11:59 PM will not be
				recognized when applications are mailed.
g) Faxed or electronically submitted
				applications, letters, protests or messages will not be accepted unless agreed
				to in writing by the Department office.
h) Applications submitted by delivery or
				expedited mail service (e.g., overnight mail, Federal Express, UPS) will be
				considered to be applications delivered in person and not applications
				submitted by the private postmark date.
i) If two or more applications are mailed or
				received at the same time that could contradict the interests of the others,
				and the Department cannot determine which application was there first with any
				degree of certainty, priority will be determined by the Department by lottery,
				drawing straws, coin toss, or any other fair and impartial method determined by
				the Department.
j) To ease
				administration of permit applications, the Department, at its discretion, may
				group applications for a particular site or geographic area.
k) Priority will not defeat the erection of a
				validly permitted or registered conforming but damaged sign re-erected at the
				same location.
l) Examples of
				Priority Applications:
1) Example One:
				Application "A" postmarked on the third of the month and received on the fifth;
				Application "B" hand delivered on the fifth. Application "A" has priority since
				it was postmarked on the third at 11:59 PM.
2) Example Two: Application "A" postmarked on
				the third of the month and received on the fifth; Application "B" received at
				5:00 PM on the third. Application "B" has priority since it was received at
				5:00 PM and Application "A" could have been mailed and postmarked up to 11:59
				PM.
3) Example Three: Group A
				consists of five applications received at different times for a particular
				location with the first application having priority over the others. The
				administrator inspects the site during his/her regular duties or schedules a
				special trip. If conditions will not allow the issuance of a permit, the
				applications are denied. During the period for processing the denial,
				conditions change which may allow the issuance of a permit. The application
				with priority will be considered first, the application with second priority
				will be considered second, and so forth.
4) Example Four: Same facts as Example three
				but all five applications receive final denial notice from the Department.
				Department then moves on to Group B applications, inspects the sites and
				determines if any permits could be issued. If not, a 30-day notice is sent. If,
				after reinspection, conditions change, the application with first priority in
				Group B is considered to determine whether a permit can be issued. If not, the
				second priority application is reviewed and so forth until the formal denial
				process ends. The Department then moves on to Group C if one exists.
5) Example Five: Two applications arrive at
				different dates but are postmarked on the same date or two or more people claim
				they are first in line at the designated Department office to have their
				applications processed. The Department is unable to determine with any degree
				of certainty who has priority. The Department will inform the parties that the
				Department will determine priority by lottery as described in subsection (i) of
				this Part.