TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.10 SOURCE OF AUTHORITY
Section 100.10 Source of
Authority
a) The State Mandates Board of Appeals ("Board") is
authorized and empowered by the State Mandates Act (Ill. Rev. Stat. 1983, ch.
85, pars. 2201 et seq.) as amended ("the Act").
b) These rules are promulgated pursuant to Section 9 of the Act,
in the manner required by the Illinois Administrative Procedure Act, (Ill. Rev.
Stat. 1981, ch. 127, pars. 1001 et seq.).
 | TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.20 APPLICABILITY
Section 100.20 Applicability
The rules shall apply to all
appeals to the Board by local governments, pursuant to the Act.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.30 DEFINITIONS
Section 100.30 Definitions
a) "Petitioner" shall mean the local government
initiating an appeal to the Board of a determination of a State agency.
b) "State agency" means the Department of Commerce and
Community Affairs; the State Superintendent of Education; or the Illinois
Community College Board.
c) "Respondent" shall mean the State agency whose
determination is being appealed to the Board.
d) All other words used in these Rules shall have the meanings
given to them in the State Mandates Act.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.40 PARTIES TO AN APPEAL
Section 100.40 Parties to an
Appeal
The parties to an appeal shall
be:
a) The local government initiating appeal (Petitioner);
b) The State agency whose determination is being appealed
(Respondent);
c) Any other person permitted by the Board to intervene
(Intervenor).
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.50 INITIATION OF APPEAL
Section 100.50 Initiation of
Appeal
a) Any local government may appeal to the Board determinations
made by a State agency, acting pursuant to Section 8 (c) of the Act.
b) Appeals:
1) Must be submitted to the Board within 60 days
following the date of receipt of the determination being appealed;
2) Must be filed on appeal petitions provided by the Board (see
Exhibit A).
A) A separate appeal petition must be filed for each mandate and
by each local government.
B) The appeal petition must be fully complete.
C) All material must be typewritten and suitable for reproduction.
D) Incomplete appeal petitions will not be accepted for filing or
assigned a docket number, but shall be returned with an explanation of the
reason for rejection. Such appeals may be refiled within 20 days from the date
of return.
3) Must include a copy of the Order or determination of the State
agency being appealed;
4) Must include evidence as to the extent to which the mandate
has been carried out in an effective and efficient manner and executed without
recourse to the standards of staffing or expenditure higher than specified in
the mandatory statute if such standards are specified in the statute;
5) Must indicate whether or not a hearing is desired and if so,
must indicate the number of witnesses to be called and the expected duration of
the direct testimony. If no hearing is requested by the Petitioner and the
Petitioner later finds that a hearing has been requested, Petitioner must
within 14 days supplement the appeal petition with this information.
6) Must be verified under oath.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.60 RESPONSE OF THE STATE AGENCY
Section 100.60 Response of
the State Agency
a) Upon receipt of a timely appeal, the Board will forward the
appeal petition and the response form to the State agency involved.
b) Within 60 days from service, the Respondent shall complete and
return the response form.
c) The response:
1) Must be completed on the form provided by the Board and
indicate which allegations of the appeal petition the Respondent disputes.
(See Exhibit B)
2) Must be served on the Petitioner and any intervenors by the
Respondent at the time of filing.
3) Must be verified under oath.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.70 INTERVENORS
Section 100.70 Intervenors
a) Upon written request and for good cause shown, the Board may
permit others to intervene as parties to an appeal.
b) Petitions to Intervene should be served on all parties and
shall address with specificity and particularity the matters "at
issue" or which it desires to put "at issue".
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.80 CONSOLIDATION OF PETITIONS
Section 100.80 Consolidation
of Petitions
The Board may consolidate, for
hearing and/or determination, appeal petitions involving identical or
substantially similar parties, mandates and issues.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.90 RESOLUTION IN THE ABSENCE OF A HEARING
Section 100.90 Resolution in
the Absence of a Hearing
a) In the absence of a request for a hearing, the Board may
determine all matters at issue from the evidence presented with the appeal
petition and response.
b) Determinations by the Board rendered without hearing shall be
prepared and served in the same manner as decisions following hearing.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.100 CONDUCT OF HEARINGS
Section 100.100 Conduct of
Hearings
a) Upon a request for hearing, the Board shall designate a time
and a place for a hearing. The Board shall give notice of the hearing to all
parties not less than 20 days prior to the date of hearing, unless that time is
waived by the parties. Notice shall be given personally or by certified or
registered mail. The notice shall include:
1) A statement of the time, place and nature of the hearing;
2) A statement of the legal authority and jurisdiction under
which the hearing is to be held;
3) A reference to the particular Sections of the statutes and
rules involved; and
4) A
short and plain statement of the matters asserted.
b) Appearances –
1) A local government may be represented by any official
representative, or person licensed to practice law in the State of Illinois.
2) State agencies may be represented by any official
representative, or person licensed to practice law in the State of Illinois.
3) Intervenors may not be represented by anyone other than a
person licensed to practice law in the State of Illinois.
c) Only representatives of a party and Board members may call,
examine or cross-examine witnesses. Others may participate as witnesses at the
request of a party or any member of the Board.
d) The Chairman of the Board or his designee shall administer
oaths; rule on the admissability of evidence; and otherwise serve as a
presiding officer during the conduct of a hearing.
e) Hearings shall be conducted in compliance with the Open
Meetings Act. (Ill. Rev. Stat. 1981, ch. 102, pars. 41 et seq.)
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.110 BURDEN OF PROOF
Section 100.110 Burden of
Proof
The Board is an administrative
fact-finding agency. All hearings before it are de novo. The Board's
determination will be based on a preponderance of the evidence in the record
and matters officially noticed. No party or representative shall make an ex parte
consultation prohibited by Section 15 of the Illinois Administrative Procedure
Act.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.120 ORDER OF PROCEEDINGS
Section 100.120 Order of
Proceedings
The following shall be the
customary order of proceedings at hearings conducted by the Board:
a) Statement of issues by the Chairman;
b) Opening statement by the Petitioner;
c) Opening statement by the Respondent;
d) Opening statement by other parties;
e) Direct examination of witnesses by the Petitioner;
f) Cross-examination of Petitioner's witnesses by the Respondent,
other parties and Board;
g) Direct examination of witnesses of the Respondent;
h) Cross-examination of the witnesses of Respondent by
Petitioner, other parties and the Board;
i) Direct examination of witnesses of other parties;
j) Cross-examination of witnesses of other parties by the
Petitioner, Respondent and Board;
k) Direct examination of witnesses called by the Board;
l) Rebuttal by Petitioner;
m) Cross-examination of Petitioner's rebuttal witness by
Respondent, other parties and Board.
n) Cross-examination of witnesses called by the Board by the
Petitioner, Respondent and other parties;
o) Closing argument by the Petitioner;
p) Closing argument by the Respondent;
q) Closing argument by other parties;
r) Adjournment of the hearing.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.130 POST HEARING BRIEFING SCHEDULE
Section 100.130 Post Hearing
Briefing Schedule
Within 30 days from the
adjournment of the hearing and with leave of the Board, each party may submit
proposed Findings of Fact and Conclusions of Law. With leave of the Board,
those Findings of Fact and Conclusions of Law may be supported by written briefs
and arguments. For good cause, the Board may permit the parties to propose
Findings of Fact and Conclusions of Law orally and on the record prior to the
adjournment of the hearing. For good cause, the Board may permit non-parties
to submit written briefs and arguments. In determining whether or not to
permit the submission of Findings of Fact and/or Briefs, the Board shall
consider but is not limited to, the complexity of the issues involved; the
familiarity of the Board with regard to the subject matter; and the diligence
of the parties involved.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.140 CONTINUANCES
Section 100.140 Continuances
The Board may, for good cause,
grant a continuance at the request of a party or may from time to time order a
continuance on its own motion.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.150 EVIDENCE
Section 100.150 Evidence
a) Irrelevant, immaterial or unduly repetitious evidence shall
be excluded. The rules of evidence and privilege as applied in civil cases in
the Circuit Courts of this State shall be followed. However, evidence not
admissable under such rules of evidence may be admitted (except where precluded
by statute) if it is of a type commonly relied upon by reasonably prudent men
in the conduct of their affairs. Objections to evidentiary offers may be made
and shall be noted in the record. Subject to these requirements, when a
hearing will be expedited and the interest of the parties will not be
prejudiced, any part of the evidence may be received in written form.
b) Subject to the evidentiary requirements of Subsection (1)
of this Section, a party may conduct cross-examination required for a full and
fair disclosure of the facts.
c) Notice may be taken of matters of which the Circuit Courts
of this State may take judicial notice. In addition, notice may be taken of
generally recognized technical or scientific facts within the Agency's
specified knowledge. Parties shall be notified either before or during the
hearing, or by reference in preliminary reports or otherwise of the material
noticed, including any staff memoranda or data, and they shall be afforded an
opportunity to contest the material so noticed. The agency's knowledge may be
utilized by the Board in the evaluation of the evidence.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.160 TRANSCRIPT
Section 100.160 Transcript
a) A transcript shall be produced by the court reporter
designated by the Board for all hearings conducted pursuant to these rules.
Copies of the transcript shall be filed in the Board's principal office and
made available for public inspection upon reasonable request.
b) The cost of the production of the transcript for the Board
shall be borne by the Board except that if the transcript exceeds 200 pages in
length, the cost of the production of that portion of the transcript in excess
of the first 200 pages (excluding court reporter time charges) shall be paid
for by the Petitioner.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.170 FINDINGS OF FACT AND ORDER OF THE BOARD
Section 100.170 Findings of
Fact and Order of the Board
Within 60 days from the
expiration of the period provided for submitting proposed findings of fact,
conclusions of law and supporting brief and arguments, the Board shall prepare
and serve findings of fact, conclusions of law and an order disposing of the matters
at issue.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.180 JUDICIAL REVIEW
Section 100.180 Judicial
Review
a) Final administrative decisions of the Board are subject to
review under the provisions of the Administrative Review Law (Ill. Rev. Stat.
1981, ch. 110, par. 3-101 et. seq.) as amended. The record shall consist of :
1) The appeal petition and supporting documentation;
2) The appeal response and supporting documentation;
3) All other pleadings, (including all notices and responses
thereto), motions and rulings;
4) The transcript and all exhibits offered and accepted and
all evidence received;
5) A statement of matters officially noticed;
6) Offers of proof, objections and rulings thereon;
7) Proposed findings and exceptions;
8) The findings of fact and conclusions of law of the Board;
9) The Board's order;
10) All staff memoranda or data submitted to the Board in
connection with their consideration of the case;
11) Any communications prohibited by Section 15 of the
Illinois Administrative Procedure Act.
b) The required number of copies of all documents in an appeal
file necessary to complete the certification of the Mandates Appeal Board
proceedings in answer to a complaint for Administrative Review will be prepared
by the Board. From the original certification of proceedings, which will be
filed with the Clerk of the Circuit Court, copies of the proceedings will be
prepared and forwarded to the Petitioner, Respondent, any intervenor(s) and one
copy will be retained as a permanent record for the State Mandates Appeal
Board.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.190 SERVICE OF PAPERS
Section 100.190 Service of
Papers
a) Persons filing papers with the Board shall simultaneously
serve copies on all parties to the proceeding in any manner authorized by the
Civil Practice Law. (Ill. Rev. Stat. 1981, ch. 110, pars. 2-101 et. seq.)
b) Papers required to be officially filed with the Board shall be
accompanied by proof of service upon all those required to be served, in
compliance with the Civil Practice Law.
c) All papers officially required to be filed with the Board must
be filed with the Board's principal office at 620 E. Adams, Springfield,
Illinois 62701 during business hours, or at such other location as the Board
may designate.
d) In all instances where papers are filed with the Board, there
shall be ten copies furnished, except where such requirement would unreasonably
burden the party filing.
e) All papers served or filed shall be 8½" x 11",
except where such a requirement would unreasonably burden the party filing.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.200 TIME COMPUTATION
Section 100.200 Time
Computation
The time within which any act
under these rules is to be done shall be computed by excluding the first day
and including the last, unless the last day is Sunday or is a holiday as
defined or fixed in any statute now or hereafter in force in this State, and
then it shall also be excluded. If the day succeeding such Sunday or holiday
is also a holiday or a Sunday, then such succeeding day shall also be excluded.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.EXHIBIT A APPEAL PETITION
Section 100.EXHIBIT A Appeal Petition
Instructions: This Appeal Petition must be entirely
completed. When completed, ten (10) copies of it and all supporting exhibits
and documentation must be filed with the Board office at 620 E. Adams, Springfield,
Il. 62701.
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I.
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Background Information
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A.
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Name of the Petitioner:
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Principal office address:
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Telephone: (Area Code)
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B.
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Name of Petitioner's Representative
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Title:
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Office Address:
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Phone: Area Code:
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C.
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Check the Petitioner's status:
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1.
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Municipality
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4.
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School District
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2.
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County
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5.
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Community College District
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3.
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Township
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6.
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Other
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Specify:
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II.
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Description of the Mandate
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A.
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Describe the mandate in question:
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B.
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Check the source of the mandate and provide the correct
citation.
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1.
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Statutory:
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2.
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Executive Order:
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3.
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Administrative Rule:
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C.
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When did the mandate first become effective?
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D.
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Check the type of mandate which you believe is involved:
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1.
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Local government organization and structure mandate, as
defined in 3 (c) of the Act;
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2.
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Due process mandate, as defined in 3(d) of the Act;
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3.
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Service mandate, as defined in 3(g). If so complete the
following:
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(a) Is
there any program of State aid for the service required by the mandate?
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Yes No
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If yes,
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(1) Provide
the name of the program:
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(2) Is
non-local share 50% or more?
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Yes No
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(3) Are
the increased costs allowable expenditures under the aid program?
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Yes No
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On what do you base your determination?
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(4) Is
all or part of the net increase in cost resulting from the mandate met by:
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(a) Federal
financial assistance:
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Yes No
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(b) Other
external financial sources:
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Yes No
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(c) If
(4)(a) or (b) is yes, how much? $______________
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4.
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Tax exemption mandate as defined in 3(g).
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If so, complete the following:
a. Does
the appeal involve a loss of tax revenue?
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Yes No
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If yes:
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(1) Does
that loss of revenue result from a loss of tax base?
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Yes No
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(a) Describe
the type of property involved in the classification or exemption which causes
tax base loss.
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1.
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Real property
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2.
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Personal property
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3.
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Other – specify:
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(b) Was
this type of property assessed for real estate tax purposes January 1, 1980?
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Yes No
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If yes, state:
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1. Value
for tax purposes of the property reclassified or made exempt by the mandate.
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2. The
tax rate extended against such property in the latest year in which
collection* was made.
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3. The
rate of collection in the latest year in which collection was made.
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4. The
revenue lost due to the mandate in the latest year in which collection was
made. $_________________
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5. The
projected loss of revenue due to the mandate for the current collection
year. $__________________
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*For the
purpose of this Section 4(b)2, the word "collection" shall be deemed
to mean the "issuance of final tax bills for the year in question".
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5.
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Personnel mandate as defined in 3(h) of the Act. If so,
check which of the following are involved:
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a.
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Salaries and wages
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b.
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Employee qualifications
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c.
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Employee training
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d.
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Hours
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e.
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Location of employment
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f.
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Other working conditions
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g.
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Insurance
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h.
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Health
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i.
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Medical care
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j.
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Retirement. If checked, document the extent to which such
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employee retirement benefits will be involved.
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k.
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Other benefits. If checked, describe in detail:
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III.
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Reimbursement Standards
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A.
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State the increase in cost directly attributable to the
mandate from the effective of the mandate to the first June 30th
following the effective date: _______________
Provide supporting documentation for III A and B and basis
for estimates, if any, as an exhibit.
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B.
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State the increase in cost directly attributable to the
mandate from the 1st to the 2nd June 30th
following the effective date: __________________________________
Provide supporting documentation for III A and B and basis
for estimates, if any, as an exhibit.
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C.
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Did Petitioner or any entity in which petitioner was a
member provide all or any portion of the mandated services prior to the
effective date of the mandate?
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Yes No
If yes:
(1) Please
describe the extent and manner in which the services were provided and the
cost of those services.
(2) State
whether the Petitioner has or is prepared to reduce real property taxes
commensurately?
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Yes No
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D.
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Was the mandate:
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(1)
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Adopted at the request of the Petitioner?
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Yes No
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(2)
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Adopted at the request of an organization in which the
Petitioner is a member?
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Yes No
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(3)
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Can the additional duties be carried out by the existing
staff and procedures?
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Yes No
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(a) If yes, can they be done at no appreciable cost
increase?
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Yes No
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(b) Does the mandate provide any offsetting
savings?
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Yes No
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(i) If yes, indicate the amount of these savings
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(4)
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Does the mandate impose additional net annual cost
increases of $1,000.00 or more for the Petitioner?
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(5)
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Does the mandate impose additional net costs of $50,000.00
or more for all local governments affected?
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Yes No
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(6)
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If any of the preceding paragraphs (1) - (5) were answered
Yes, did the law imposing the mandate explicitly state that exception?
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Yes No
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E.
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Has the State of Illinois appropriated funds to reimburse
local government for this mandate?
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Yes No
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(1) If
yes, please identify the public act number: _______________________
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F.
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Provide the date on, and name of agency to which, a claim
for reimbursement accompanied by estimate of increased costs for the balance
of the fiscal year was filed
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(1)
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Date:
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(2)
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Name:
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G.
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Is information submitted in that estimate accurate, based
on actual performance records?
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Yes No
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(1) If
no, provide correct information as an exhibit.
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(2) If
yes, provide documentation as an exhibit.
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H.
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Have claims of this type been
subject to a proportional reduction because insufficient funds were
appropriated?
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Yes
No
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If yes,
state:
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(1)
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Amount claimed:
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(2)
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Amount allowed by the Dept.
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(3)
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Amount awarded:
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I.
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Please describe in detail the
extent to which the mandate has been carried out in an effective and
efficient manner. (Provide supporting documentation as an exhibit.)
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J.
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Does the mandate statute specify
standards of staffing or expenditure limitations as described in Section
8(3)(d) of the Act?
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Yes No
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(1) If
yes, please indicate in detail how the mandate has been carried out without
recourse to standards of staffing or expenditure higher than specified in the
statute. Provide supporting documentation as an exhibit, if necessary.
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K.
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Please indicate the relief sought from the Mandates Board
of Appeals:
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Petitioner, By:
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Representative
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Acknowledgement
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I,
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, certify that I have read the
foregoing appeal petition and
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supporting documentation and
exhibits, and believe the same to be true in substance and in fact.
Subscribed and sworn to before me
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this
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day of
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, 19
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Notary Public
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| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.EXHIBIT B RESPONSE OF STATE AGENCY
Section 100.EXHIBIT B
Response of State Agency
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I.
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Background Information
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A.
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Name of Respondent:
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Principal office address:
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Telephone: (Area Code)
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B.
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Name Respondent's
Representative:
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Title
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Office Address
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Telephone: (Area Code)
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Check the allegations of the
appeal petition which you dispute:
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Respective Paragraph
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Not
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of Appeal Petition
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Disputed
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Disputed
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I C
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II A
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II B
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II C
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II D 1
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II D 2
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II D 3
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II D 3 a
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II D 3 a(1)
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II D 3 a(2)
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II D 3 a(3)
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II D 3 a(4)
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II D 3 a(4) (a)
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II D 3 a(4) (b)
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II D 3 a(4) (C)
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II D 4
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II D 4 a
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II D 4 a(1)
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II D 4 a(1) (b)
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II D 4 a(1) (b) (1)
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II D 4 a(1) (b) (2)
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II D 4 a(1) (b) (3)
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II D 4 a(1) (b) (4)
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II D 4 a(1) (b) (5)
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II D 5
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II D 5 a
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II D 5 b
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II D 5 c
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II D 5 d
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II D 5 e
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II D 5 f
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II D 5 g
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II D 5 h
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II D 5 i
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II D 5 j
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II D 5 k
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III A
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III B
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III C
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III C(1)
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III C(2)
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III D
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III D(1)
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III D(2)
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III D(3)
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III D(3) (a)
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III D(3) (b)
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III D(3) (b) (i)
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III D(4)
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III D(5)
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III D(6)
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III E
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III E(1)
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III F
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III F(1)
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III F(2)
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III G
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III G(1)
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III G(2)
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III H
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III H(1)
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III H(2)
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III H(3)
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III I
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III J
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III J(1)
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III K
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For each disputed allegation,
explain in detail the basis for your position and provide supporting
documentation as one or more exhibits to this response.
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RESPONDENT:
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BY:
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Representative
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ACKNOWLEDGEMENT
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I, the undersigned, do hereby
certify that I have read the statements and facts set forth in the foregoing
Response of State Agency and state that they are true to the best of my
knowledge and belief.
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Subscribed and sworn to before
me
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this
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day of
|
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, 19
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Notary
Public
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AUTHORITY: Implementing and authorized by Section 9 of The State Mandates Act (Ill. Rev. Stat. 1983, ch. 85, par. 2209).
SOURCE: Adopted at 6 Ill. Reg. 7792, effective June 18, 1982; codified at 8 Ill. Reg. 19465.
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