Section 275.250  Appeal of Agency Decision

a)         An applicant whose application for a rebate has been denied by the Agency, or who is contesting the determination of the amount of the rebate, may appeal the denial or rebate amount by filing a notice of appeal with the Director of the Agency.

b)         The notice of appeal must:

1)         Be made in writing;

2)         Be clearly marked "APPEAL OF ELECTRIC VEHICLE REBATE";

3)         Include a copy of the original application and a copy of the denial letter or rebate check received by the applicant; and

4)         Identify which provisions of this Part the Agency did not properly apply and provide an explanation how the Agency allegedly misapplied the provisions of this Part.

c)         The notice of appeal must be postmarked within 30 days after the date of mailing of the denial letter or issuance of the rebate, as applicable.

d)         The Director shall reverse the denial or rebate amount determination if the procedures in this Part were incorrectly applied, resulting in a denial or a rebate determination that is less than the amount for which the applicant is entitled.

e)         If the Director reverses the denial of the rebate, the applicant will be paid the rebate amount.

f)         If the Director modifies the amount of the rebate, the applicant will be paid the difference between the amount of the rebate check and the modified amount.

g)         If the Director affirms the Agency's denial or rebate amount determination, the applicant may file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or in the Illinois county in which the applicant resides.

(Source:  Amended at 46 Ill. Reg. 11451, effective June 21, 2022)