Ill. Admin. Code tit. 35 § 832.105

Current through Register Vol. 48, No. 45, November 8, 2024

Section 832.105 - Agency Decision Deadlines

a) If there is no final action by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued; except that this time period shall be extended to 180 days when notice and opportunity for public hearing are required by State or Federal law or regulation. (Section 39(a) of the Act.)

b) An application for permit pursuant to this Part shall not be deemed filed until the Agency has received all information and documentation in the form and with the content required pursuant to this Part, 35 Ill. Adm. Code 830 and 35 Ill. Adm. Code 831. However, if, pursuant to the standards for the denial of a permit, the Agency fails to notify the applicant within 30 days following the filing of a purported application that the application is incomplete and the reason the Agency deems it incomplete, the application shall be deemed to have been filed as of the date of such purported filing as calculated pursuant to Section 832.103. The applicant may treat the Agency's notification that an application is incomplete as a denial of the application for the purpose of permit appeal.

c) The applicant may waive the right to a final decision within the decision deadline. Such waiver shall be submitted in writing to the Agency prior to the applicable deadline in subsection (a) of this Section.

d) The applicant may modify a permit application at any time prior to the Agency decision deadline date. Any modification of a permit application must constitute a new application for the purposes of calculating the Agency decision deadline date.

e) Final action must be deemed to have taken place on the date that such final action is signed.

f) The Agency shall mail all notices of final action by registered or certified mail, postmarked with a date stamp and accompanied by a return receipt request.

Ill. Admin. Code tit. 35, § 832.105