Section 975.222  Legal Notice

Notification of a 30-day general public comment period shall be given to the community into which a grant applicant proposes to expand by publication in at least one newspaper of general circulation in that community. (Section 30(b) of the Act)

a)         At least 45 calendar days prior to submitting an application, the applicant shall publish a legal notice that provides an opportunity for written comments from the public.  The notice shall be published in a newspaper of general circulation in the community where the project is proposed (see definition of newspaper of general circulation in Section 975.100).  If the proposed project will be located in a community that does not have a newspaper of general circulation, the notice shall be published in another community in a newspaper of general circulation that covers news and events that occur in the community where the project is proposed.

b)         The applicant shall provide the Department with copies of the legal notice and the newspaper's proof of publication at least 30 calendar days prior to submitting the application.

c)         The legal notice shall contain the following:

1)         Identification of the proposed project, including the name of the applicant, the address of the proposed project, a brief description of the project and the project's estimated cost;

2)         Information regarding where the public may view a copy of the application and how copies of the application may be obtained;

3)         A statement that any person has the right to submit written comments on the proposed project;

4)         Instructions that written comments shall be submitted to the:

Illinois Department of Public Health

Center for Rural Health

535 West Jefferson Street, Ground Floor

Springfield, Illinois 62761-0001

217-782-2547 (fax)

e-mail:  DPH.CRH@illinois.gov

5)         The date (which shall be at least 20 calendar days from the date of publication of the notice) by which the Department shall receive written comments;

6)         Written comments shall contain the name and address of the person submitting the comments; and

7)         Written comments shall be on paper and not exceed 8½" by 11".

d)         If the Department determines that the notice does not fulfill the requirements of subsection (c), the Department will contact the applicant and require that a new notice be published.  The revised notice shall meet the information requirements of subsection (c) and the time frame requirements of subsections (a) and (b).  The Department will not evaluate an application (see Section 975.200) until a legal notice that meets the requirements of this Section is published.

e)         If the applicant submits a grant application without first submitting the required legal notice and proof of publication, the grant application will be deemed incomplete (see Section 975.223(c)(2)).

f)         The Department shall not begin the application evaluation process (per Section 975.250) until the public comment time frame is concluded.

g)         The Department shall consider the contents of written comments only as part of the overall grant review process. (Section 30(c) of the Act)

h)         Notice to all persons shall be deemed to have been provided by publication of the notice in a newspaper of general circulation.

i)          At the conclusion of the 30-day comment period, the Department shall no longer accept written comments. (Section 30(b) of the Act)  Comments received after this time frame will be returned to the individual who submitted the comments.

j)          The Department will include written comments addressed and submitted as described in this Section as part of the application, provided that the comments were received within the prescribed time frame and in accordance with the requirements of this Section.

k)         Persons submitting comments are responsible for assuring that the Department receives the comments within the prescribed time frame.

(Source:  Added at 35 Ill. Reg. 14202, effective August 4, 2011)