Section 275.250  Appeal of Agency Denial or Modification

a)         An applicant whose application for a rebate has been denied by the Agency, or whose rebate is less than the amount for which the applicant applied, may appeal the denial or improper rebate modification by filing a notice of appeal with the Director of the Agency.

b)         The notice of appeal must:

1)         Be made in writing;

2)         Be clearly marked "APPEAL OF ALTERNATE FUEL REBATE DENIAL OR MODIFICATION";

3)         Include a copy of the original application and a copy of the denial or rebate modification received by the applicant; and

4)         Identify which provisions of this Part the Agency did not properly apply and provide an explanation how the Agency allegedly misapplied the provisions of this Part.

c)         The notice of appeal must be postmarked within 30 days after the date of mailing of the denial letter or the modification notification letter, as applicable.

d)         The Director shall reverse the denial or modification:

1)         If:

A)        The procedures in this Part were incorrectly applied thereby resulting in a denial or a rebate that is less than the amount for which the applicant applied; or

B)        Additional information available to the Director supports payment of a rebate to the applicant; and

2)         If Funds were available for the payment of a valid rebate at the time of the initial decision.

e)         If the Director reverses the denial of the rebate, the applicant will retain its prioritization as determined pursuant to Section 275.240 for payment during the next payment cycle.

f)          If the Director reverses the modification of the rebate, the applicant will retain its prioritization as determined pursuant to Section 275.240 for payment of the difference between the amount contained in the application and the amount contained in the modification notification letter during the next payment cycle.

g)         If the Director affirms the Agency's denial or modification of the rebate, the applicant may file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the applicant resides.

(Source:  Added at 25 Ill. Reg. 6877, effective May 18, 2001)