2 Ill. Adm. Code 1620.1200
Procurement Code Conflicts of Interest Exemptions
Section 1620.1200 Procurement Code Conflicts of Interest
Exemptions
An appropriate Chief Procurement Officer may file a
request with the Executive Ethics Commission to exempt named individuals from
the prohibitions of Section 50-13 of the Procurement Code when, in his or her
judgment, the public interest in having the individual in the service of the
State outweighs the public policy evidenced in that Section.
[30 ILCS
500/50-20]
a) The
request shall be in writing and describe in detail the nature of the conflict
and the reason or reasons why the individual should be exempted from Section
50-13 of the Procurement Code.
b) Upon
receipt of the request for an exemption, the Commission shall set a date, time
and location
for a public hearing at which any person may present written or
oral testimony, and provide public notice of
the hearing
on its web site
.
The Commission shall also appoint a hearing officer to conduct the public
hearing.
c)
The
Chief Procurement Officer making the request for an exemption shall publish
notice of the date, time and location of the hearing in the online electronic
Illinois Procurement
Bulletin at least 14 days prior to the hearing and provide notice
to the individual subject to the waiver and to the Procurement Policy Board.
[30
ILCS 500/50-20]
d) Within
60 days after the public hearing, the Commission shall release a decision that
grants or denies the exemption. The decision shall include a statement setting
forth the name of the individual and all the pertinent facts that would make
that Section applicable, setting forth the reason for the exemption and
declaring whether the individual was exempted from Section 50-13 of the
Procurement Code. This decision shall be published in the Illinois Procurement
Bulletin and, if the decision grants the exemption, also be filed with the
Secretary of State and the Comptroller.