TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 395 STATE HOUSING APPEALS BOARD
SECTION 395.203 MEETINGS OF THE MEMBERS
Section 395.203 Meetings of the Members
a) Compliance with Open Meetings Act: All meetings of the Board shall be in compliance with the Illinois Open Meetings Act [5 ILCS 120].
b) Regular Meetings: The regular meetings of the Board shall be held at the Offices of IHDA, at least annually, with the specific date for the annual meeting to be set no later than January 1 of each calendar year. The Board may hold a regular meeting simultaneously at the Offices of IHDA and one or more other locations in a Public Building through an interactive video conference if public notice and public access are provided for all meeting locations. Members physically present in those locations shall count towards determining a quorum. [5 ILCS 120/2.01] If there are no appeals, other applicable context, or other business to come before the Board, the Chairman may cancel a regular meeting. Notice of cancellation shall be provided to Members in the same manner as notice of special, emergency and reschedule meetings, as set forth in subsection (f), and shall also be posted at the Offices of IHDA and on IHDA's website.
c) Rescheduled Meetings: A regular meeting of the Board may be rescheduled as determined by the Chairman, in which event notice of the rescheduled meeting shall be given in accordance with the Open Meetings Act.
d) Special Meetings: Special meetings of the Board may be called at any time by the Chairman or upon request of any 2 Members of the Board. Public notice of the special meeting, except a meeting held in the event of a bona fide emergency, or of any rescheduled regular meeting described in subsection (c), or of a reconvened meeting shall be given at least 48 hours before the meeting. Notice of the special meeting, and the agenda for the meeting, shall be posted at the Offices of IHDA and on IHDA's website. [5 ILCS 120/2.02]
e) Emergency Meetings: Emergency meetings of the Board may be called at any time by the Chairman or upon request of any 2 Members of the Board. Public notice of the emergency meeting shall be given as soon as practicable, but in any event, prior to the holding of the meeting.
f) Notice of Meetings: The Board, through IHDA, shall publish a schedule of its regular meetings by January 1 of each calendar year listing the dates, times and places of the meetings. The schedule shall be posted at the Offices of IHDA and on IHDA's website. No notice of regular meetings, as provided for in subsection (b) need be given to any Member. Notice in writing of all special, emergency and rescheduled meetings shall be delivered personally or via electronic mail, or shall be mailed to each Member at his or her business or home address. If mailed, the notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope addressed to the Member, with postage prepaid. Any Member may waive notice of a special, emergency or rescheduled meeting and attendance at the meeting shall constitute a waiver of notice of the meeting except when a Member attends for the express purpose of objecting to the meeting because the meeting was not lawfully called or convened.
g) Quorum: A majority of the appointed Members of the Board shall constitute a quorum. A quorum must be physically present at any meeting of the Board. A Member attending a meeting via video conference as provided for in subsection (b) will be considered physically present for the purposes of determining a quorum and voting. The affirmative vote of a majority of the appointed Members shall be necessary for any action taken by or in the name of the Board at any meeting. If less than a quorum is present at a meeting, a majority of the Members present may adjourn the meeting from time to time. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the Board.
h) Attendance By Means Other Than Physical Presence:
1) If a quorum is physically present at a meeting of the Board, a Member may attend the meeting via audio or video conference only if the Member cannot attend because of:
A) personal illness or disability;
B) employment purposes or other business of the Board; or
C) a family or other emergency [5 ILCS 120/7].
2) The Member must notify the Chairman of his or her intention to attend the meeting via audio or video conference at least 48 hours before the meeting unless impracticable. A Member cannot attend more than one regularly scheduled meeting of the Board for that calendar year via audio or video conference unless the Member presents a document from his or her physician attesting to the Member's inability to physically attend a meeting or meetings. If one or more Members attend via audio or video conference, the Board, through IHDA, shall issue a written notice at the meeting stating the names of the Members present by audio or video conference, the electronic means that the Members will use to attend the meeting, and the location of the speakerphone or monitor receiving and transmitting the communications from the Members present by audio or video conference. The Member must then identify himself or herself by name and be recognized by the Chairman or other presiding officer before communicating. The minutes of the meeting shall reflect which Members were physically present and which Members were present via video or audio conference.
i) Records: A full and complete record shall be kept of all Board proceedings. IHDA shall be the official custodian of the records. Oral proceedings shall be recorded electronically, stenographically or by other means that will adequately ensure the preservation of the testimony or oral proceedings and shall be transcribed on the request of any party to a case. Transcription costs, if any, shall be borne by the party requesting the transcript. Other records shall consist of the following:
1) all pleadings, including all notices and responses to those pleadings, and all motions and ruling;
2) a transcript of the hearing, if any;
3) all evidence received;
4) a statement of matters officially noticed;
5) any offers of proof, objections and rulings on that proof;
6) any proposed findings and exceptions;
7) any decision, opinion or report of the Board;
8) all staff memoranda or data submitted to the Board by IHDA in connection with the consideration of a case before the Board; and
9) Any prohibited ex parte communications. [5 ILCS 100/10-35(a)]
(Source: Amended at 43 Ill. Reg. 11314, effective September 26, 2019)