Section 1130.775  Relinquishment of a Permit

A permit holder may request to withdraw its permit.  The request requires an application to and approval by HFSRB for relinquishment.  Upon approval of relinquishment by HFSRB, the permit is considered null and void.  Requests for relinquishment shall be considered only for permits that are current and valid.  Requests shall be filed with HFSRB prior to the completion date of the permit.  HFSRB will not process a request for relinquishment until it receives the application-processing fee.

a)         Relinquishment Procedure

The permit holder shall notify HFSRB in writing, prior to the abandonment or withdrawal of a project.  The notice shall include:

1)         A description of the permit and related costs;

2)         A detailed explanation of the reasons for abandonment; and

3)         If the approval of the permit or exemption was based upon need, an explanation of how that need will be met in absence of the project.

b)         HFSRB staff shall review the request for withdrawal and prepare a report of its findings.  HFSRB staff findings and all related documentation shall be sent to the Chairman.  The Chairman, acting on behalf of HFSRB, shall approve the request or refer it to the full Board for action.  The approval or denial of a request for relinquishment constitutes HFSRB's final administrative decision.

c)         Upon approval of a request for relinquishment, HFSRB staff shall adjust all inventories accordingly.

d)         Decisions on requests for relinquishment shall be transmitted in writing to the permit holder.

e)         Any relinquishment undertaken without prior HFSRB approval shall be considered a violation of the Act and shall be subject to the sanctions and penalties in the Act (see 20 ILCS 3960/14.1) and Section 1130.790.

(Source:  Amended at 40 Ill. Reg. 14647, effective October 14, 2016)