Ill. Admin. Code tit. 86, § 1050.450 - Annual Recertification; Revocation
a) Each qualified community foundation that
receives approval to issue certificates of receipt shall file an application
for recertification on an annual basis. The application for recertification
shall be in the form and manner prescribed in Section
1050.300 and shall include:
1) certification that the qualified community
foundation has complied with and continues to comply with the requirements of
the Act; and
2) a copy of the
organization's current audited financial statements.
b) The Department may revoke the approval of
a qualified community foundation to issue certificates of receipt upon a
finding that the organization has violated the Act or this Part. These
violations shall include any of the following:
1) failure to meet the requirements of the
Act;
2) falsifying any information
on the application to issue certificates of receipt;
3) failure to maintain full and adequate
records with respect to the receipt of qualified contributions;
4) failure to supply these records to the
Department;
5) failure to provide
notice to the Department of the issuance of certificates of receipt pursuant to
Section 170-25 of the Act; or
6)
failure to provide notice to the Department that a contribution has been
rescinded pursuant to subsection (k) of Section
1050.350.
c) Within 5 business days after the
determination to deny recertification or to revoke approval, the Department
shall provide notice of the determination to the qualified community foundation
and information regarding the process to request a hearing to appeal the
determination. A qualified community foundation whose recertification was
denied or approval revoked may, within 20 days after the notice of the
determination, protest the Department's determination by making a written
request for a hearing as provided in 86 Ill. Adm. Code
200.120. After receipt of the
request for a hearing, the Department shall give notice to the qualified
community foundation of the time and place fixed for the hearing, shall hold a
hearing, and shall issue its final administrative decision to the qualified
community foundation. In the absence of a protest within 20 days, the
Department's decision shall become final without any further determination
being made or notice given.
Notes
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a) Each qualified community foundation that receives approval to issue certificates of receipt shall file an application for recertification on an annual basis. The application for recertification shall be in the form and manner prescribed in Section 1050.300 and shall include:
1) certification that the qualified community foundation has complied with and continues to comply with the requirements of the Act ; and
2) a copy of the organization's current financial statements.
b) The Department may revoke the approval of a qualified community foundation to issue certificates of receipt upon a finding that the organization has violated the Act or this Part. These violations shall include, but need not be limited to, any of the following:
1) failure to meet the requirements of the Act ;
2) failure to maintain full and adequate records with respect to the receipt of qualified contributions;
3) failure to supply these records to the Department ;
4) failure to provide notice to the Department of the issuance of certificates of receipt pursuant to Section 170-25 of the Act ; or
5) failure to provide notice to the Department that a contribution has been rescinded pursuant to subsection (k) of Section 1050.350.
c) Within 5 business days after the determination to deny recertification or to revoke approval, the Department shall provide notice of the determination to the qualified community foundation and information regarding the process to request a hearing to appeal the determination. A qualified community foundation whose recertification was denied or approval revoked may, within 20 days after the notice of the determination, protest the Department 's determination by making a written request for a hearing. After receipt of the request for a hearing, the Department shall give notice to the qualified community foundation of the time and place fixed for the hearing, shall hold a hearing, and shall issue its final administrative decision to the qualified community foundation. In the absence of a protest within 20 days, the Department 's decision shall become final without any further determination being made or notice given.