Ill. Admin. Code tit. 62, § 1764.19 - Decision
a) In reaching its
decision, the Department shall use:
1) The
information contained in the data base and inventory system;
2) Information provided by other governmental
agencies;
3) The Land Report
prepared under Section
1764.15(c);
and
4) Any other relevant
information submitted during the comment period.
b) The Department may decide to designate the
petitioned land areas in whole or in part, not to designate the petitioned land
areas, or to place conditions on future operations in all or part of the
petitioned area which would successfully mitigate the impacts of such
operations.
c) A final written
decision shall be issued by the Department, including a statement of reasons,
within sixty (60) days of completion of the public hearing, or, if no public
hearing is held, then within twelve (12) months after receipt of the complete
petition. The Department shall simultaneously send this final administrative
decision by certified mail to the petitioner and intervenors and by regular
mail to all other persons involved in the proceeding.
d) The final administrative decision of the
Department with respect to a petition, or the failure of the Department to act
within the time limits set forth in this Section, shall be subject to judicial
review by a court of competent jurisdiction in accordance with State law under
Section 8.10 of the State Act and 62 Ill. Adm. Code
1847.3(l).
All relevant portions of the data base, inventory system, and public comments
received during the public comment period set by the Department shall be
considered and included in the record of the administrative
proceeding.
Notes
Amended at 17 Ill. Reg. 11114, effective July 1, 1993
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