Section 3035.150  Appeal Procedure  

a)         Whenever the Illinois State Library rejects a completed and reviewed grant application under this Part, it shall so notify the applicant in writing within 7 days after the decision.  The notice shall state with specificity the grounds for rejection.  If a provision of this Part is used to reject the application, a copy of the rule shall be included in the notice.

b)         Applicants may appeal the decision of the Illinois State Library by requesting a hearing within 30 days after receipt of the notice rejecting the application.  The request shall be in writing and shall specify the grounds for the applicant's position that the application was rejected erroneously.  The Illinois State Library shall notify the Secretary of State of the requests for hearings.

c)         Grounds for Appeal

1)         Grounds for appeal shall include the following:

The rules governing review of grant applications were not applied or were applied incorrectly by the Illinois State Library.

2)         Grounds for appeal shall not include the following:

A)        The applicant's intention to submit additional or clarifying information beyond the application deadline.

B)        Funds appropriated to fund the grant program remain unobligated after successful applicants were awarded grants.

d)         Hearing Arrangements

1)         Upon receipt of a request for review, the State Librarian shall appoint an administrative law judge to officiate at the review hearing.  The administrative law judge shall be an attorney licensed to practice law in Illinois or shall have experience in interpreting and applying Illinois administrative law.  No person who has a bias or conflict of interest regarding the contested matter shall be appointed administrative law judge.

2)         The hearing shall be held within 30 days after the date of the request for an appeal.  The date and time shall be at the mutual convenience of the applicant and the Illinois State Library.  The hearing shall be held at the Illinois State Library in Springfield, Illinois.

e)         The Illinois State Library shall serve notice either personally or by certified or registered mail upon the applicant.  The notice shall include the following:

1)         A statement of the time, place and nature of the hearing;

2)         A statement of the legal authority and jurisdiction under which a hearing is to be held;

3)         A reference to the particular Sections of the substantive and procedural statutes and rules involved;

4)         A short and plain statement of the matter in controversy and the consequences of a party's failure to participate in the hearing;

5)         The names and mailing addresses of the administrative law judge and all parties that have been given notice of the hearing.

f)          Rules Governing Conduct of the Hearing

1)         All parties may be represented by legal counsel and shall be afforded an opportunity to respond and present evidence and argument.  Parties may agree by stipulation upon any facts involved in the hearing.

2)         Disposition of the case may be made by stipulation, agreed settlement, consent order or default.

3)         The record of the hearing shall include the following:

A)        All pleadings (including all notices and responses), motions and rulings;

B)        All evidence received;

C)        A statement of matters officially noticed;

D)        Any offers of proof, objections and rulings;

E)         Any proposed findings and exceptions;

F)         Any decision, opinion or report by the administrative law judge;

G)        All staff memoranda and data submitted to the administrative law judge or the Illinois State Library in connection with the matter;

H)        Any ex parte communication by the Illinois State Library or the administrative law judge.  No such communication shall form the basis of any finding of fact.

4)         Oral proceedings or any part of oral proceedings shall be recorded stenographically or by other means that will adequately ensure the preservation of the proceeding and shall be transcribed at the request of any party and at that party's expense.

5)         Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

6)         Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed.  Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.  Objections to evidentiary offers may be made and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.

7)         The grant applicant bears the burden of showing by clear and convincing evidence that the application should have been approved for funding.

g)         Within 30 days after the hearing, the administrative law judge shall report to the Director of the Illinois State Library whether the rejection of the application for a grant was appropriate or inappropriate under the terms of this Part and the application materials submitted.  The administrative law judge shall enumerate the rationale for the decision.  The Director of the Illinois State Library shall review the report of the administrative law judge and prepare a recommendation to the Secretary of State approving or denying the appeal based on the application materials, report of the administrative law judge, and terms of this Part.  If the Secretary of State finds, upon review of the recommendations of the administrative law judge and the Director of the Illinois State Library, that an application was erroneously denied, and if the applicant's project is higher in priority under Section 3035.430 than other projects recommended for a grant, the applicant's project will be funded during the fiscal year if sufficient funds are available, or the next fiscal year subject to an appropriation by the General Assembly.  All applicants will be notified in writing of the Secretary's final decision personally or by registered or certified mail within 30 days after the hearing.  The final decision shall include findings of fact and conclusions of law separately stated.  Findings of fact, if set forth in statutory language, shall include a concise and explicit statement of the underlying facts supporting the findings.  

(Source:  Added at 32 Ill. Reg. 9666, effective June 23, 2008)