Ill. Admin. Code tit. 23 § 1400.50

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1400.50 - Organization and Compensation of the Board of Examiners

a) The Board shall annually elect a Chair and a Vice-Chair as officers of the Board, to serve a one year term from August 1 through July 31 of the following year, as follows:

1) On or before August 1 of each year, Board members will meet to elect from among the Board members a Chair and Vice-Chair.

2) The order of business at the meeting shall be limited to:

A) the election of the Chair and Vice-Chair; and

B) establishment of dates for regular Board meetings for the coming fiscal year by the newly elected Board Chair.

3) The meeting shall be presided over by the current year's Chair, or such other Board member as the Board may agree upon.

4) If only one person is nominated for an office, election may be by voice vote. If more than one person is nominated, election shall be by secret ballot. In order to be elected Chair or Vice-Chair, a Board member must receive a majority of the votes cast.

b) Duties of Chair, Vice-Chair and Board Members; Removal

1) The Chair shall preside at and prepare an agenda for all Board meetings. The Chair will make appointments as indicated in subsection (c) and shall supervise the activities of the Executive Director in accordance with the Board directives and policies.

2) The Vice-Chair shall preside at Board meetings in the absence of the Chair, shall serve as Chair during any term of disability of the Chair, and shall serve the remainder of the term in the event of the death, resignation or removal of the Chair.

3) The meetings of the Board are subject to all requirements of the Open Meetings Act [5 ILCS 120 ]. Board members are expected to attend all Board meetings and to accept assignment by the Board Chair to, and attend all meetings of, Board Committees.

4) An officer of the Board, including the Chair or Vice-Chair, may be removed from that position by the affirmative vote of a majority plus one of all members of the Board taken at any regular Board meeting or at any special Board meeting called for that purpose. Not less than 15 days written notice shall be given to each Board member of the intent to call for a vote to remove the officer from office.

c) Committees

1) The Chair shall appoint the following committees:

A) An Administrative Committee, composed of three members, one of whom shall be appointed Chair of the Committee by the Chair of the Board. The function of the Administrative Committee is to review and make recommendations to the Board for changes in the Board rules and policies as may be appropriate or necessary. The Committee shall undertake additional responsibilities as delegated by the Board or the Board Chair.

B) A Finance Committee, composed of the Chair or Vice-Chair of the Board, and such additional members as the Board or Board Chair may determine. The Board Chair or Vice-Chair shall serve as Chair of the Finance Committee. The function of the Finance Committee is to prepare and recommend a budget for Board approval, to make those recommendations for adjustment of fees as it deems necessary or appropriate, and to maintain oversight of the financial operations of the Board, the Board's budget, applicable laws and regulations relating to financial issues, and any accounting procedures adopted by the Board.

C) A Nominating Committee, composed entirely of all members of the Board, shall meet as a committee of the whole. The function of the Nominating Committee will be to nominate members of the Board to fill vacancies on the Board and to nominate officers for the Board as set forth in subsection (a). The Nominating Committee shall prepare its recommendations by April 1 of each year for nominations to fill the terms of Board members whose terms expire July 31 of that year. The Nominating Committee shall also meet at such other times as may be necessary to make nominations to fill positions that have been vacated due to the death, resignation or removal of a Board member. In carrying out its duties to nominate individuals to the Board, the Nominating Committee may give preference to current Board members who are eligible for an additional term, unless the individual has requested that he/she not be reappointed. The Nominating Committee may also consider recommendations from past Board members and any professional association of certified public accountants in developing its recommendations. The Nominating Committee shall nominate only that number of individuals as are needed to fill vacancies on the Board. The Nominating Committee shall forward its nominations to the Governor of Illinois.

D) A Candidacy Committee, composed of three or more members and the Executive Director as an Ex Officio member, one of whom shall be appointed Chair of the Committee by the Chair of the Board. The function of the Candidacy Committee will be to review questions that arise regarding qualifications of applicants for examination and requests from applicants for a waiver or deferral under Section 2 of the Act, or for other relief under the Americans With Disabilities Act (42 U.S.C. 12101) or similar laws, and determine the disposition of those petitions, subject to appeal pursuant to Section 1400.80. The Candidacy Committee shall also make recommendations to the Board for promulgation of rules or policies with regard to petitions for waiver or deferral under Section 2 of the Act, or under the Americans With Disabilities Act or similar laws, as it deems appropriate.

E) Such other Committees as the Chair or Board shall deem to be necessary to carry out the duties and responsibilities of the Board.

2) Except as may be specifically authorized by the Board or this Part, the actions of any Committee shall be advisory only and are subject to approval or rejection by the Board.

d) Board and Committee Meetings

1) Board meetings shall be held at such times, dates and places as may be determined by the Board Chair or three Board members as follows:

A) At its meeting at which officers are elected, establish dates for the following year at which regular meetings of the Board shall take place (see subsection (a));

B) Call of the Board Chair, a notice of which shall be communicated to all Board members not less than 15 days prior to the date of the meeting, except as provided in subsection (d)(1)(D). The notice shall specify the subject or subjects to be discussed;

C) Call of any three Board members, a notice of which shall be communicated to all Board members not less than 15 days prior to the date of the meeting, except as provided for in subsection (d)(1)(D). The notice shall specify the Board members calling for the meeting and the subject or subjects to be discussed; or

D) On an emergency basis, by the Chair or any three Board members, on less than 15 days notice. For an emergency meeting, notice shall be given not less than 48 hours before the meeting. The notice shall specify the Board members calling for the meeting, the specific subject or subjects to be discussed, and the emergency that is the basis for calling a meeting under the provisions of this subsection (d)(1)(D).

2) Public notice of all Board and Committee meetings shall be given in accordance with the Open Meetings Act. Committee meetings will be conducted at such times, dates and locations as may be requested by the Board Chair, the Committee Chair, or a majority of the members of any Committee. Any actions taken at a meeting for which notice fails to comply with the notice requirements of this Section or of the Open Meetings Act shall be void and of no effect.

3) A quorum of the Board necessary to conduct the business of the Board shall be a simple majority of the current Board membership. Action of the Board shall be by a majority vote of those present at the Board meeting except as this Part specifically provides otherwise.

4) A quorum of any Board Committee shall be a simple majority of the members appointed to the Committee. Committee action shall be by a simple majority of Committee members present, except as may be specified by the Board Chair or Committee Chair in the case of delegation of specific Board authority to a Committee.

5) At all Board and Committee meetings, except hearings conducted under Section 1400.80, a quorum of members must be physically present at the location of the meeting. Attendance of members by video or audio conference is allowed if:

A) a quorum of the members is physically present at the meeting location;

B) the member is physically prevented from attending due to personal illness, disability, employment requirements, tending to the business of the IBOE, or a family or other emergency; and

C) the requirements of the Open Meetings Act are satisfied.

6) Attendance by video or audio conference is also allowed as provided in the Open Meetings Act.

7) For purposes of this Part, any Board member will be considered present at any meeting of the Board or Board Committee, except hearings conducted under Section 1400.80, if he or she is physically present, or takes part in the meeting and deliberations by teleconference and/or video conference.

8) In compliance with the Open Meetings Act, the Executive Director shall publish notice of all meetings of the Board and Board Committees by posting a notice and agenda at the Board Office.

e) Members of the Board of Examiners shall be reimbursed for travel in accordance with the Governor's Travel Control Board Rules (80 Ill. Adm. Code 2800) and the Travel Regulation Council Rules (80 Ill. Adm. Code 3000).

Ill. Admin. Code tit. 23, § 1400.50

Amended at 29 Ill. Reg. 19524, effective November 21, 2005

Amended at 40 Ill. Reg. 9963, effective 7/7/2016

Amended at 45 Ill. Reg. 2466, effective 2/11/2021

Amended at 47 Ill. Reg. 6441, effective 4/27/2023