Section 1130.710  Validity of Permits

A permit is effective on the date of HFSRB authorization.

a)         A permit shall be valid until the project has been completed, provided that:

1)         financial commitment of the project occurs within the time frames specified in the Act, unless HFSRB extends the financial commitment period (as defined in Section 1130.730); and

2)         the project commences and proceeds to completion with due diligence.  The financial commitment period shall be extended for any project for which issuance of a permit has been contested and is in administrative review.  The financial commitment period will be extended by the length of time equal to the number of days from the date a summons was received until the date of final disposition of the suit. 

b)         Projects shall proceed with due diligence and shall be completed (see Section 1130.140) no later than the completion date approved by HFSRB.  A permit holder shall be subjected to sanctions provided in the Act and Section 1130.790 if the project is not completed by the completion date provided in the original permit or renewal letter.

c)         A permit is valid only for the defined construction or modification, equipment, site, amount, time period and persons named in the application for the permit and shall not be transferable or assignable.  A permit is invalidated by:

1)         a change in the person who is the permit holder;

2)         a change in the membership or sponsorship of a not-for-profit corporation that is the permit holder; or

3)         the transfer or assignment of a controlling interest in, or voting rights of, a for-profit corporation that is the permit holder.

d)           Other events causing a permit to become invalid include:

1)         Change of permit (see Section 1130.710(c));

2)         Failure to submit the Expenditure Commitment or Financial Commitment Report, which should be included with the annual progress reports;

3)         Failure to submit annual progress reports to HFSRB;

4)         Failure to submit Final Cost Reports to HFSRB;

5)         Implementation of a prohibited alteration (see Section 1130.750(c));

6)         Relinquishment of a permit without Board approval; and

7)         Failure to comply with the requirements of Section 1130.660(d).

(Source:  Amended at 40 Ill. Reg. 14647, effective October 14, 2016)