Section 105.614  Board Hearing

Except as provided in subsections (a) and (b), the Board will conduct a public hearing, in accordance with 35 Ill. Adm. Code 101.Subpart F, upon an appropriately filed petition for review under this Subpart.  The hearing and decision of the Board shall be based exclusively on the Agency record at the time the permit or decision was issued, unless the parties agree to supplement the Agency record.  Any PSD permit issued by the Agency must be upheld by the Board if the technical decisions contained in the permit reflect considered judgment by the Agency.  [415 ILCS 5/40.3(d)(1)]

a)         The Board will not hold a hearing on a petition for review under this Subpart if the Board disposes of the petition on a motion for summary judgment brought under 35 Ill. Adm. Code 101.516.

b)         The Board will not hold a hearing on a petition for review under this Subpart if the Board determines that:

1)         The petition is frivolous; or

2)         The petition lacks facially adequate factual statements as required by Section 105.608 [415 ILCS 5/40.3(a)(2)].

c)         If the Board determines to hold a hearing, the Clerk will give notice of the hearing under 35 Ill. Adm. Code 101.602.

(Source:  Added at 44 Ill. Reg. 14897, effective September 4, 2020)