Ill. Admin. Code tit. 2 § 5375.210

Current through Register Vol. 48, No. 49, December 6, 2024
Section 5375.210 - The Commission
a) The Commission was created by the Higher Education Student Assistance Act [110 ILCS 947/15] . Commission members are called "Commissioners". Commissioners are appointed by the Governor with the advice and consent of the Senate (see 110 ILCS 947/15(a)) . Senate confirmation of a person appointed by the Governor to be a Commission member is a necessary prerequisite to becoming a member. However, while a gubernatorial appointment is pending Senate approval, the Commissioner designee will be invited to attend and observe Commission meetings at ISAC's expense, but shall not vote.
b) The Governor designates one member of the Commission, other than the student member, to serve as Chairman (see 110 ILCS 947/15(a)) .
c) A Vice-Chairman shall be elected by a vote of the Commission. A new election for Vice-Chairman shall occur whenever the term of the incumbent Vice-Chairman expires or whenever the Governor designates a new Chairman.
d) The Chairman of the Commission presides at Commission meetings. The Vice-Chairman shall preside at all meetings in the absence of the Chairman. In the absence of the Chairman and the Vice-Chairman, a member designated by the Chairman shall preside at the Commission meetings. In the absence of such a designation by the Chairman, the most senior member based on length of service since original appointment shall preside at a Commission meeting if the Chairman and Vice-Chairman are not in attendance.
e) The Commission shall convene at least one time per year. All Commission meetings shall be conducted in accordance with the Open Meetings Act [5 ILCS 120 ].
f) Six members of the Commission shall constitute a quorum. All official acts of the Commission require a majority vote in a meeting at which quorum is present.
g) The Commission shall adopt a schedule of regular meetings at the beginning of each calendar year, including the date, time and place of each scheduled meeting (see 5 ILCS 120/2.02) .
h) The Chairman may convene a special meeting in order to discuss matters that require consideration or action before the next regularly-scheduled meeting of the Commission. If the Chairman is unavailable, the Vice-Chairman may convene the special meeting. Notice must be posted publically at least 48 hours before such meeting is convened in accordance with the procedures described in the Open Meetings Act [5 ILCS 120/2.02]. Matters for consideration at a special meeting must be limited to those matters described in the notice. In the event that the Commission must convene an emergency meeting, notice shall be given as soon as practicable. Any action taken by the Commission at a meeting convened under this subsection without notice must be ratified at the next regular meeting of the Commission.
i) If members of the Commission are unable to physically attend a meeting of the Commission for reasons set forth in the Open Meetings Act [5 ILSC 120/7] and if a quorum of the Commission is otherwise physically present, a majority of members physically present may approve by vote the attendance of members by video or audio conference. Members of the Commission unable to physically attend a meeting shall, if possible, provide advanced notice to the Secretary.
j) Matters on which the Commission shall deliberate and vote include, but are not limited to, the following:
1) Formula for determining grant eligibility for the Monetary Award Program (see 23 Ill. Adm. Code 2735);
2) Budget requests that are submitted to the General Assembly for appropriation;
3) The budget for the operations of the Illinois Designated Account Purchase Program and College Illinois!® 529 Prepaid Tuition Program;
4) Investment policies, contract pricing and fees, and appointment of investment advisory panel members, investment managers and marketing agent for the College Illinois!® 529 Prepaid Tuition Program;
5) Issuance of bonds or other securities pursuant to Section 145 of the Education Loan Purchase Program Law [110 ILCS 947/145] ;
6) The amount of the federal default fee, to be charged to the borrowers (or absorbed by the Commission) on guaranteed student loans (see 23 Ill. Adm. Code 2720.80 );
7) Promulgation of rules, in accordance with Section 5375.100;
8) Appointment of, and the salary and terms of employment of, the Executive Director of the Commission; and
9) Delegation of authority to the Executive Director and other ISAC staff to execute and deliver contracts, agreements and similar instruments.
k) The Chairman (or other presiding officer) has full authority to determine all procedural issues incident to a Commission meeting. In the absence of a resolution adopted by the Commission to the contrary, meetings will be conducted in accordance with the most recently published edition of Robert's Rules of Order, Newly Revised.
l) Members of the Commission shall serve without compensation, but shall be reimbursed for expenses incurred in performing their duties, in accordance with the rules and guidelines established for the reimbursement of expenses incurred by members of boards and commissions of the government of the State of Illinois. For out-of-state travel by a Commissioner, expense reimbursement shall be withheld unless approved in advance by the Chairman.

Ill. Admin. Code tit. 2, § 5375.210

Amended at 37 Ill. Reg. 1768, effective February 1, 2013