(35 ILCS 10/5-10)
Sec. 5-10. Powers of the Department. The Department, in
addition to those powers
granted under the Civil Administrative Code of Illinois, is granted and shall
have all the powers necessary
or convenient to carry out and effectuate the purposes and provisions of this
Act, including, but not limited
to, power and authority to:
(a) Promulgate procedures, rules, or regulations deemed necessary and
appropriate for the
administration of the programs; establish forms for applications,
notifications, contracts, or any other
agreements; and accept applications at any time during the year.
(b) Provide and assist Taxpayers pursuant to the
provisions of this Act, and
cooperate with Taxpayers that are parties to Agreements
to promote, foster, and
support economic development, capital investment, and job creation or retention
within the State.
(c) Enter into agreements and memoranda of understanding for participation
of and engage in
cooperation with agencies of the federal government, local units of government,
universities, research
foundations or institutions, regional economic development corporations, or
other organizations for the
purposes of this Act.
(d) Gather information and conduct inquiries, in the manner and by the
methods as it deems desirable,
including without limitation, gathering information with respect to
Applicants for the
purpose of making any designations or certifications necessary or desirable or
to gather information to
assist the Department with any recommendation or guidance in the furtherance of
the purposes of this Act.
(e) Establish, negotiate and effectuate any term, agreement or other
document with any person,
necessary or appropriate to accomplish the purposes of this Act; and to
consent, subject to the provisions
of any Agreement with another party, to the modification or restructuring of
any Agreement to which the
Department is a party.
(f) Fix, determine, charge, and collect any premiums, fees, charges, costs,
and expenses from Applicants,
including, without limitation,
any
application fees,
commitment fees, program fees, financing charges, or publication fees as deemed
appropriate to pay
expenses necessary or incident to the administration, staffing, or operation in
connection with the
Department's activities under this Act, or for preparation,
implementation, and
enforcement of the terms of the Agreement, or for consultation, advisory and
legal fees, and other costs;
however, all fees and expenses incident thereto shall be the responsibility of
the Applicant.
(g) Provide for sufficient personnel to permit administration, staffing,
operation, and related support
required to adequately discharge its duties and responsibilities described in
this Act from funds made
available through charges to Applicants
or from funds as
may be appropriated by the General Assembly for the administration of this Act.
(h) Require Applicants, upon written request, to
issue any necessary
authorization to the appropriate federal, state, or local authority for the
release of information concerning a
project being considered under the
provisions of this Act, with the
information requested to include, but not be limited to, financial reports,
returns, or records relating to the
Taxpayers' or its project.
(i) Require that a Taxpayer shall at all times
keep proper books
of record and account in accordance with generally accepted accounting
principles consistently applied,
with the books, records, or papers related to the Agreement in the custody or
control of the Taxpayer open for
reasonable Department inspection and audits, and including, without limitation,
the making of copies of the
books, records, or papers, and the inspection or appraisal of any of the
Taxpayer or project assets.
(j) Take whatever actions are necessary or appropriate to protect the
State's interest in the
event of bankruptcy, default, foreclosure, or noncompliance with the terms and
conditions of financial
assistance or participation required under this Act, including the power to
sell, dispose, lease, or rent, upon
terms and conditions determined by the Director to be appropriate, real or
personal property that the
Department may receive as a result of these actions.
(Source: P.A. 102-330, eff. 1-1-22.)
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