ILCS » Chapter 20 · Act 3960
Illinois Compiled Statutes

20 ILCS 3960/12.2 (2026)

Powers of the State Board staff

✓ current as of May 2026
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(20 ILCS 3960/12.2)
    (Section scheduled to be repealed on December 31, 2029)
    Sec. 12.2. Powers of the State Board staff. For purposes of this Act, the staff shall exercise the following powers and duties:
        (1) Review applications for permits and exemptions in
    
accordance with the standards, criteria, and plans of need established by the State Board under this Act and certify its finding to the State Board.
        (1.5) Post the following on the Board's web site:
    
relevant (i) rules, (ii) standards, (iii) criteria, (iv) State norms, (v) references used by Board staff in making determinations about whether application criteria are met, and (vi) notices of project-related filings, including notice of public comments related to the application.
        (2) Charge and collect an amount determined by the
    
State Board and the staff to be reasonable fees for the processing of applications by the State Board. The State Board shall set the amounts by rule. Application fees for continuing care retirement communities, and other health care models that include regulated and unregulated components, shall apply only to those components subject to regulation under this Act. All fees and fines collected under the provisions of this Act shall be deposited into the Illinois Health Facilities Planning Fund to be used for the expenses of administering this Act.
        (2.1) Publish the following reports on the State
    
Board website:
            (A) An annual accounting, aggregated by category
        
and with names of parties redacted, of fees, fines, and other revenue collected as well as expenses incurred, in the administration of this Act.
            (B) An annual report, with names of the parties
        
redacted, that summarizes all settlement agreements entered into with the State Board that resolve an alleged instance of noncompliance with State Board requirements under this Act.
            (C) (Blank).
            (D) Board reports showing the degree to which an
        
application conforms to the review standards, a summation of relevant public testimony, and any additional information that staff wants to communicate.
        (3) Coordinate with other State agencies having
    
responsibilities affecting health care facilities, including licensure and cost reporting agencies.
        (4) Issue advisory opinions upon request. Staff
    
advisory opinions do not constitute determinations by the State Board. Determinations by the State Board are made through the declaratory ruling process.
(Source: P.A. 100-681, eff. 8-3-18; 101-83, eff. 7-15-19.)

    
Notes of Decisions
Cited in 10 cases, 1999–2008 · leading case: Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd., 777 N.E.2d 924 (Ill. 2002).
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Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd., 777 N.E.2d 924 (Ill. 2002). · cites it 2× “2 of the Planning Act (20 ILCS 3960/12.2 (West 1998)), the Department conducts the initial review of permit applications that are submitted to the Board.”
Provena Health v. Illinois Health Facilities Plan. Bd., 886 N.E.2d 1054 (Ill. App. Ct. 2008). “” 20 ILCS 3960/12.2(1) (West 2004). As the CON applicant, Sherman has the burden of proof on all issues pertaining to its application.”
Am. Fed'n of State, Cnty. & Mun. Employees, Council 31 v. Ryan, 807 N.E.2d 1235 (Ill. App. Ct. 2004). “She went on to explain that the “powers and duties” that are exclusive to the State pursuant to section 17 are those regulatory powers listed in the sections delineating the powers and duties of the Planning Board (20 ILCS 3960/12 (West 2002)) and the Department of Public Health…”
Marion Hosp. Corp. v. Health Facilities Plan. Bd., 746 N.E.2d 880 (Ill. App. Ct. 2001). “20 ILCS 3960/ 12.2 (West 1998). As part of that review, the Department conducted a public hearing on January 28, 1999, at which it accepted 38 written statements and heard oral testimony from 17 witnesses, 15 of whom had also submitted written statements.”
Dimensions Med. Ctr., Ltd. v. Elmhurst Outpatient Surgery Ctr., L.L.C., 718 N.E.2d 249 (Ill. App. Ct. 1999). “Further, that testimony becomes part of the administrative record to be considered by the Board in granting or denying the permit.”
Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd. (Ill. 2002). · cites it 2× “2 of the Planning Act (20 ILCS 3960/12.2 (West 1998)), the Department conducts the initial review of permit applications that are submitted to the Board.”
Am. Fed'n of State, Cnty. & Mun. Employees v. Ryan (Ill. App. Ct. 2004). “She went on to explain that the "powers and duties" that are exclusive to the State pursuant to section 17 are those regulatory powers listed in the sections delineating the powers and duties of the Planning Board (20 ILCS 3960/12 (West 2002)) and the Department of Public Health…”
Marion Hosp. Corp. v. Illinois Health Facilities Plan. Bd. Opinion text corrected (Ill. App. Ct. 2001). “20 ILCS 3960/12.2 (West 1998). As part of that review, the Department conducted a public hearing on January 28, 1999, at which it accepted 38 written statements and heard oral testimony from 17 witnesses, 15 of whom had also submitted written statements.”
Provena Health v. Illinois Health Facilities Plan. Bd. (Ill. App. Ct. 2008). “" 20 ILCS 3960/12.2(1) (West 2004). As the CON applicant, Sherman has the burden of proof on all issues pertaining to its 8 1-07-1952 application.”
Dimensions Med. Ctr., Ltd. v. Elmhurst Outpatient Surgery Ctr., L.L.C. (Ill. App. Ct. 1999). “Further, that testimony becomes part of the administrative record to be considered by the Board in granting or denying the permit.”
— 20 ILCS 3960/12.2(1) — 2 cases
Provena Health v. Illinois Health Facilities Plan. Bd., 886 N.E.2d 1054 (Ill. App. Ct. 2008). “” 20 ILCS 3960/12.2(1) (West 2004). As the CON applicant, Sherman has the burden of proof on all issues pertaining to its application.”
Provena Health v. Illinois Health Facilities Plan. Bd. (Ill. App. Ct. 2008). “" 20 ILCS 3960/12.2(1) (West 2004). As the CON applicant, Sherman has the burden of proof on all issues pertaining to its 8 1-07-1952 application.”
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