AUTHORITY: Implementing Section 5-15(a) of the Illinois Administrative Procedure Act [5 ILCS 100/5-15(a)] and authorized by Sections 7.19 and 7.25 of the Illinois Housing Development Act [20 ILCS 3805/7.19 and 7.25].

SOURCE: Adopted at 5 Ill. Reg. 14583, effective prior to October 24, 1980 as corrected at 6 Ill. Reg. 620; codified at 7 Ill. Reg. 2433; amended at 8 Ill. Reg. 2996, effective February 28, 1984; amended at 9 Ill. Reg. 8631, effective May 29, 1985; emergency amendment at 9 Ill. Reg. 10086, effective June 13, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 11296, effective July 5, 1985; amended at 9 Ill. Reg. 14675, effective September 13, 1985; amended at 9 Ill. Reg. 16848, effective October 21, 1985; amended at 11 Ill. Reg. 2795, effective January 27, 1987; amended at 21 Ill. Reg. 13817, effective October 7, 1997; former Part repealed at 42 Ill. Reg. 7685 and new Part adopted at 42 Ill. Reg. 7687, effective April 11, 2018; emergency amendment at 42 Ill. Reg. 12336, effective June 14, 2018, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 42 Ill. Reg. 18482, effective September 28, 2018.

SUBPART A: DEFINITIONS

 

Section 1975.110  Definitions

 

The following terms used in this Part shall have the following definitions:

 

"Act":  the Illinois Housing Development Act [20 ILCS 3805], as amended from time to time.

 

"Agenda": the list of items which will be discussed during a certain Regular Meeting, Special Meeting or Emergency Meeting.

 

"Authority":  the Illinois Housing Development Authority.

 

"By-Laws":  the By-Laws of the Authority, as amended from time to time.

 

"Chairman":  the Chairman of the Authority.

 

"Commenter": an individual who desires to deliver Public Comments at a Meeting.

 

"Director":  the Executive Director of the Authority.

 

"Emergency Meeting": a meeting called by the Members in the event of a bona fide emergency as described in Section 2.02 of the OMA.  

 

"Meeting": a Regular Meeting, Special Meeting or Emergency Meeting, as described in the OMA as applicable.

 

"Members":  the Members of the Authority.

 

"Officers": Vice Chairman, Treasurer, Assistant Treasurer, Secretary and Assistant Secretary.

 

"OMA": the Illinois Open Meetings Act [5 ILCS 120].

 

"Procedure Act": the Illinois Administrative Procedure Act [5 ILCS 100].

 

"Public Comments": statements delivered or to be delivered at a Meeting by a Commenter.

 

"Regular Meeting": a regular meeting as described in Section 2.02 of the OMA.

 

"Rule":  a rule of the Authority promulgated in accordance with the Procedure Act, as supplemented and amended from time to time.

 

"Special Meeting": a special meeting as described in Section 2.02 of the OMA. 

 

"Staff":  the Director, Deputy Director, if any, and the employees of the Authority.

 

"State":  the State of Illinois.

 

"Website": the Authority's website located at www.ihda.org.

 

All references to the plural in this Part shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.

SUBPART B: PUBLIC INFORMATION

 

Section 1975.210  Public Information and Submissions

 

a)         The public may direct inquiries to the Authority, and may obtain information concerning the Authority and its programs and activities from the Authority, on the Website. Inquiries may also be made in writing to 111 E. Wacker Drive, Suite 1000, Chicago, Illinois 60601. The telephone number of the Authority is (312) 836‑5200.

 

b)         Internet links to the Authority's Rules may be found on the Website.

 

c)         The By-Laws may be found on the Website.

SUBPART C: RULEMAKING

 

Section 1975.310  Applicability

 

The Rules in this Subpart apply to all rulemaking proceedings of the Authority.

 

Section 1975.320  Adoption, Amendment and Repeal of Rules

 

a)         The Authority promulgates its Rules in accordance with the Procedure Act.

 

b)         No Rule may be adopted, amended or repealed except by an official action by the Members.

 

c)         Authority staff shall develop proposed Rules, amend effective Rules, and repeal effective Rules and submit them to the Members for review and approval.

 

d)         Upon approval of the Members, the Authority staff shall proceed with the rulemaking process as set forth in and in accordance with the Procedure Act.

 

e)         The Authority may also promulgate Emergency and Peremptory Rules and amendments in accordance with the Procedure Act.

SUBPART D: ORGANIZATION

 

Section 1975.410  Applicability

 

The Rules in this Subpart shall govern practices and procedures with respect to the organizational structure and Meetings of the Authority.

 

Section 1975.420  Organization of the Authority

 

Duties of the Members, Officers and Staff of the Authority are governed by the Authority's Act and the By-Laws.

 

a)         Members.  The Authority is a body politic and corporate of the State governed by nine Members, appointed by the Governor by and with the advice and consent of the Senate.

 

b)         Chairman.  The Chairman, who is a Member and who is designated from time to time by the Governor, is the chief executive officer of the Authority.

 

c)         Officers.  The Members annually elect from their membership a Vice Chairman, a Treasurer, and a Secretary. The Members may elect one or more Assistant Treasurers and Assistant Secretaries, who need not be Members.

 

d)         Director.  The Director, who is appointed by the Members, is the chief administrative officer of the Authority.  The Members may also appoint a Deputy Director.

 

e)         Staff.  The Authority may from time to time employ persons as necessary for the effective transaction of Authority business.  Under the By-Laws the Director may be empowered to employ the Staff.

 

f)         Staff Organization.  The Director may, in his or her discretion, organize the Staff into such departments, divisions, or other administrative units as are necessary for the effective transaction of Authority business, including, but not limited to, departments, divisions or other administrative units focused on accounting, finance, operations, single family and multifamily housing lending, compliance, law, communications, planning and research.

 

Section 1975.430  By‑Laws

 

Business of the Authority is transacted in accordance with the By-Laws, which are available to the public on the Website and upon request in accordance with Section 1975.210 of this Part.

 

Section 1975.440  Meetings of the Members

 

a)         Meetings must be conducted in compliance with applicable provisions of the OMA.

 

b)         Except as may be prohibited by the OMA, the Members may act by unanimous written consent without a Meeting, as provided in the Act and the By-Laws.

 

c)         Five Members constitute a quorum for the transaction of business at any Meeting.

 

d)         Agendas shall set forth the general subject matter of any resolution that will be the subject of final action at the corresponding Meeting.

 

e)         The list of specific items set forth on an Agenda for a Regular Meeting shall not preclude the consideration of the discussion by the Members of other items not specifically set forth on such Agenda.

SUBPART E: PUBLIC COMMENTS AT MEETINGS

 

Section 1975.510  Applicability

 

The Rules in this Subpart shall provide the guidelines for Public Comments at the Meetings in accordance with Section 2.06(g) of the OMA. The Members may choose to refrain from the discussion of certain topics; however, the Members' inability to discuss a certain topic shall not preclude a Commenter from commenting on such topic. Certain Meetings may be closed to the public, including Commenters, in accordance with the OMA.

 

Section 1975.520  Guidelines

 

a)         The Authority shall post the schedule of Regular Meetings on the Website at the beginning of each calendar year in accordance with Section 2.02 of the OMA.

 

b)         The Authority shall post each Regular Meeting Agenda on the Website no later than 48 hours prior to each Regular Meeting in accordance with Section 2.02 of the OMA.

 

c)         Notices and Agendas for rescheduled and reconvened Regular Meetings, Special Meetings and Emergency Meetings shall be posted on the Website in accordance with Section 2.02 of the OMA.

 

d)         Commenters shall make a written request to address the Members, via email to the Director no later than 24 hours prior to a Regular Meeting, rescheduled or reconvened Regular Meeting or Special Meeting. The Director's email address is located on the Website. Any such request must include the name and business address of the individual wishing to speak, the name of the organization or group to be represented, if any, and a summary of the Public Comments.

 

e)         Commenters to Emergency Meetings are requested to make a written request address the Members to the Director as soon as practicable prior to the Emergency Meeting. Any such request must include the name and business address of the individual wishing to speak, the name of the organization or group to be represented, if any, and a summary of the Public Comments.

 

f)         Within a reasonable amount out time prior to each Meeting, the Authority will provide a sign-up sheet for all Commenters. Each Commenter will be requested to provide his or her name contact information and the topic to be addressed.

 

g)         A maximum of thirty minutes at the beginning of each Meeting will be set aside for Commenters.

 

h)         Each Commenter shall be allowed to speak for three minutes.

 

i)          When more than three Commenters desire to comment on the same topic, the Chairman may direct the group of Commenters to designate representatives so as not to exceed three Commenters for each topic.

 

j)          Commenters are encouraged to limit their Public Comments to those germane to the specific matters listed on the Agenda.

 

k)         Commenters are required to conduct themselves in a professional manner prior to, during and after the Meeting.

 

l)          A Commenter who did not request the opportunity to provide Public Comments prior to a certain Meeting in accordance with Section 1975.520(d) of this Part and still desires to provide Public Comments at the Meeting must also sign in prior to such Meeting in accordance with Section 1975.520(f) of this Part. However, the Members may, in their sole discretion, decide to recognize or not recognize such Commenter.