Ill. Admin. Code tit. 77, § 1130.730 - Extension of the Financial Commitment Period

a) HFSRB may grant the permit holder a single extension to financially commit at least 33% of the total project costs. An extension shall be for a period of up to one year from the previously established financial commitment date.

b) The permit holder shall submit a request for extension in writing or by electronic means todph.hfsrb@illinois.gov, along with an application-processing fee (see Section 1130.230(i)(4)(A)).

c) A request for extension must be received by the Administrator at least 45 days prior to the established financial commitment date.

d) A request for an extension that is received less than 45 days prior to the established financial commitment date shall be accepted by the Administrator but an additional processing fee will be assessed (see Section 1130.230(i)(4)(B)).

e) Any fee paid for a financial extension request is in addition to the initial application fee referenced in Section 1130.230(i)(2)(C).

f) HFSRB review of a financial extension request shall not commence until the required fee has been submitted.

g) Extension requests that are received after the established financial commitment date shall also be subject to the fines provided in Section 14.1 of the Act and Section 1130.790.

h) HFSRB Staff Review

1) HFSRB staff shall review the financial extension request and prepare a report of its findings.

2) If the financial extension request is in conformance with all applicable HFSRB criteria (see Section 1130.730) and the HFSRB staff's findings are positive, the request and related documentation shall be sent to the Chairman. If the Chairman is unavailable, the application and related documentation will be sent to the Vice Chairman.

3) If the request is not in conformance with all applicable HFSRB criteria or the HFSRB staff's findings are not positive, the request and related documentation shall be sent to the HFSRB.

i) HFSRB Chairman Review and Consideration

1) After receipt of the extension request, the Chairman shall:

A) approve the request; or

B) deny the request; or

C) refer the request to HFSRB for consideration.

2) HFSRB staff shall provide electronic correspondence to the permit holder of the Chairman's determination throughdph.hfsrb@illinois.gov.

j) HFSRB Review and Consideration

1) Projects that continue to comply with the provisions of 77 Ill. Adm. Code 1110 and 1120 and that have shown good cause by submitting the required information for an extension request specified in subsection (b), and for which the causes for delays are beyond the permit holder's control, shall be approved for extension.

2) If an extension request is referred to the HFSRB, it shall be scheduled for the HFSRB meeting that is at least 10 days from the date the request was referred to the HFSRB.

3) After receipt of the extension request, HFSRB shall:

A) approve the request; or

B) deny the request.

4) HFSRB staff shall provide electronic correspondence to the permit holder of HFSRB's determination throughdph.hfsrb@illinois.gov.

k) If the extension request is denied (either by the Chairman or HFSRB), the permit holder shall be afforded an opportunity for reconsideration through HFSRB's Declaratory Ruling process (see Section 1130.810).

l) Denial of an extension request by HFSRB shall constitute the final HFSRB decision and is not subject to administrative appeal.

Notes

Ill. Admin. Code tit. 77, § 1130.730

Amended at 37 Ill. Reg. 6227, effective June 1, 2013

Amended at 39 Ill. Reg. 6347, effective 6/1/2015 Amended at 40 Ill. Reg. 14647, effective 10/14/2016 Amended at 49 Ill. Reg. 8366, effective 7/1/2025