Section 522.80  Denial of Application

a)         If a review of the application or a site investigation reveals that the permit application is incomplete, contains incorrect information or is not in compliance with the requirements of the Act or this Part, or that the applicant is the owner of, or affiliated with an owner of, an abandoned or illegal sign, then the Department shall notify the applicant in writing by certified mail of its intent to deny the permit application and state the reasons for that action.  The notification shall inform the applicant that he/she has 30 calendar days from the date of receipt of the notification to challenge the intent to deny or to correct the deficiencies noted.  No time extensions will be permitted.  The challenge shall be made in writing, state the position of the applicant, the facts in support of that position and shall contain any relevant documentation. The challenge must be received in the Department office within the 30 day period.  The Department will review the challenge and shall either approve or deny the application based on the requirements of this Part.  No appeal may be taken from the Department 's decision on the challenged application.  The applicant's priority will be retained pending the Department's final decision.  Only one application per applicant will be processed for the same site or any site within 500 feet of the site along an Interstate, expressway or a primary highway outside a municipality, or within 300 feet along a primary highway within a municipality, for which a permit application is submitted prior to the final decision by the Department.

b)         If, after consideration of the challenge, the Department approves the application, the procedures in Section 522.70 shall apply.  If, after consideration of the challenge, the Department denies the application, it shall be marked "denied" on its face and the reason for denial stated on the application.  The Department shall notify the permittee of the denial by sending a copy of the denied application.

c)         The permittee shall be deemed to have waived the right to challenge if the challenge is not filed in the time specified in subsection (a) of this Section.  In such case, the application will be denied and be processed in the same manner as an application denied with a challenge.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)