Ill. Admin. Code tit. 86 § 3000.105

Current through Register Vol. 48, No. 49, December 6, 2024

Section 3000.105 - Board Meetings

a) The Board makes all of its decisions on adjudicatory cases and regulatory matters at public meetings of the Board noticed and held in accordance with the Open Meetings Act [5 ILCS 120 ]. The Board holds closed meetings pursuant to Section 2a of the Open Meetings Act [5 ILCS 120/2a] .

b) Final decisions of the Board may be made only at meetings held when a quorum, constituted by three members of the Board, is present. Three affirmative votes are required for any final decision of the Board. The presence of a quorum is required at a meeting in order for the Board to transact any business, perform any duty, or exercise any power that the Riverboat Gambling Act [230 ILCS 10 ] requires the Board to transact, perform or exercise en banc.

c) A Board member shall be counted toward determining a quorum by being present in a public building, which may include one of the Board offices, and participating in the meeting through an interactive video conference, provided the Board gives public notice and public access for all locations in which participating Board members are present. (See Section 2.01 of the Open Meetings Act [5 ILCS 120 ]).

d) Board Member Attendance

1)If a quorum of the members of the Board is physically present, a majority of the Board may allow a Board member to attend that meeting by video or audio conference if the member is prevented from physically attending because of:

A)personal illness or disability;

B)employment purposes or the business of the public body; or

C)a family or other emergency.

2)If a member wishes to attend a meeting by audio or video conferencing the member must notify the Board or its designated staff before the meeting unless advance notice is impractical. (Section 7 of the Open Meetings Act).

3) In the event a Board member is present telephonically, the public session of such a meeting will be broadcast over a speakerphone that is open to the public at the Board meeting location.

e) Section 5(b)(8) of the Riverboat Gambling Act [230 ILCS 10/5(b)(8)] requires the Board to meet at least once during each quarter of the fiscal year and allows the Board to hold other meetings pursuant to the Open Meetings Act. The Chairman or any 2 members of the Board may call a special meeting of the Board upon giving 72 hours written notice to each Board member.

f) Requests for Board action initiated by licensees shall be given initial consideration by the Board at one meeting and be given final consideration by the Board at a subsequent meeting. However, upon motion, the Board may give immediate consideration to the action request.

g) Members of the public shall be permitted to address the Board during the open portion of a Board meeting on matters relevant to the Board's functions, subject to the significant government interests of conserving time, ensuring that others have the opportunity to speak, and preserving decorum. The comments by each member of the public shall be limited to a reasonable period of time, not to exceed five minutes unless the Board gives permission. Members of the public shall provide at least 2 days' notice of intent to address the Board, unless the Board diminishes or waives this notice requirement. (See Section 2.06(g) of the Open Meetings Act.)

h) Any person shall be permitted to photograph, tape, film or otherwise record the open portions of Board meetings. Persons may be required to locate their cameras or other recording devices at a sufficient distance from the Board members as is necessary to avoid interference with the Board's discussion. (See Section 2.05 of the Open Meetings Act.)

i) The provisions of this Section also apply to public meetings of the Board in which matters relating to video gaming under the Video Gaming Act [230 ILCS 40 ] are considered.

Ill. Admin. Code tit. 86, § 3000.105

Added at 22 Ill. Reg. 17324, effective September 21, 1998

Amended at 39 Ill. Reg. 12312, effective 8/18/2015