47 Ill. Adm. Code 395.316
Decision
Section 395.316 Decision
a) The
Board shall render a written decision within 120 Days after the Initial
Pleading is filed. Notwithstanding the foregoing, the Board may extend the
time by which it will render a decision when circumstances outside the Board's
control make it infeasible for the Board to render a decision within 120 Days.
The written decision shall state the Board's findings of fact and conclusions
of law. Findings of fact shall be based exclusively on the evidence presented
and on matters officially noticed.
b) The
Board shall dismiss the appeal during or after the hearing if, based on all
relevant evidence presented, it concludes that:
1) the
Local Government was an Exempt Local Government in the year in which the appeal
was filed;
2) the
Local Government has adopted an Affordable Housing Plan, has submitted that
plan to IHDA within the required time-frame under the Act, and has submitted
documentation to IHDA that evidences the Local Government has met its goal to
provide Affordable Housing as required by the Act; or
3) the
Approving Authority denied the Affordable Housing based upon Non-Appealable
Local Government Requirements.
c) In
the case of a denial, if the Board finds that the Affordable Housing Developer
has met its burden of proof pursuant to Section 395.314(a), the Board shall
vacate the decision of the Approving Authority and shall direct the Approving
Authority to issue the appropriate permits to the Affordable Housing Developer.
d) In
the case of conditions imposed by the Approving Authority, if the Board finds
that the Affordable Housing Developer has met its burden of proof pursuant to
Section 395.314(b):
1) the
Board shall direct the Approving Authority to remove any such condition; or
2) if
the Board finds that the conditions are unreasonable but can be modified to
reasonably protect the health, safety, environmental design, open space, and
other local concerns, the Board shall direct the Approving Authority to so
modify the conditions.