305 ILCS 5/8A-8
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article VIIIA - Public Assistance Fraud

 (from Ch. 23, par. 8A-8)Sec. 8A-8.     Future Participation in the Public Assistance Program.(a) Any person applying for public assistance under this Code who has been  found  guilty of a violation of this Article or of any law of the United States or  of any state which is substantially similar to Sections 8A-2 through 8A-5  for violations related to public assistance or medical assistance  programs of the kind provided under this Code and who has not been previously  convicted  for a violation of this Article or of any law of the United States or of any  state which is substantially similar to Sections 8A-2 through 8A-5  for violations related to public assistance or medical assistance  programs  of the kind provided under this Code shall have applications for public  assistance  under this Code reviewed by an administrative review board to determine  the person's eligibility and the need for administrative safeguards to prevent  any such further violations. The administrative review board shall be  composed of not less than two persons who are selected in accordance with  regulations of the Illinois Department or the local governmental unit. Hearings  conducted by the board shall:(1) be of an informal nature, permitting the     applicant to attend at his option;(2) be open to the public, unless the applicant and     the administrative review board determine otherwise;(3) be subject to reasonable time and notification     requirements as determined by regulations of the Illinois Department or local governmental units; and(4) be held at a location convenient to the applicant.At the hearing, the administrative review board may deny the application  based on an investigation of the person's eligibility, or the board may  appoint a substitute payee, require more frequent visits or consultations,  more frequent financial reports or require any other action to the extent  permitted by State and federal law and regulations. A decision by the  administrative review board to deny a person's application shall only be  based on the person's failure to qualify under the eligibility criteria  applicable to all applicants for the public assistance program in question.  Any decision by the administrative review board may be appealed pursuant to  the provisions of this Code. In no instance shall the administrative review  board delay the hearing or its decision beyond the time allowed under State  or federal law and regulations for determining an applicant's eligibility  for public assistance.If the person has been determined eligible, the Illinois Department or  the local governmental unit may recoup prior payments obtained in violation  of this Article from the current cash assistance grants, unless such payments  have previously been repaid. The Illinois Department or the local governmental  unit, on a case by case basis, shall limit the amount deducted from the current  cash assistance grant so as not to cause undue hardship to the person.(b) To the extent permitted under federal law, any person found  guilty of a first violation of this Article or of any law of the United  States  or  of any state which is substantially similar to Sections 8A-2 through 8A-5 for  violations related to public assistance or medical assistance programs of the  kind provided under this Code may be suspended from eligibility for public  aid under this Code.  Any person found guilty of a second or subsequent  violation of this Article or of any law of the United States or of any state  which is substantially similar to Sections 8A-2 through 8A-5 for violations  related to public assistance or medical assistance programs of the kind  provided under this Code shall be ineligible for public aid under this  Code.(c) In no instance shall this Section adversely affect the eligibility  of children who are in need of public aid under this Code, or the amount  of the grant received by such children. If a child's caretaker relative  is adversely affected by this Section, a substitute payee may be appointed  until the Illinois Department can determine, by rule, that the caretaker  relative can manage the public aid in the best interest of the child.(d) Any person, firm, corporation, association, agency, institution or  other legal entity that has been convicted of a violation of this Article  shall be prohibited from participating as a vendor of goods or services  to recipients of public aid under this Code. Such prohibition shall extend  to any person with management responsibility in a firm, corporation,  association, agency, institution, or other legal entity that has been  convicted of any such violation and to an officer or person owning, either  directly or indirectly, 5% or more of the shares of stock or other  evidences of ownership in a corporation.(e) Any employee of the Illinois Department, county department or local  governmental unit who has been found guilty of a violation of this Article  shall be terminated from employment.    (Source: P.A. 89-489, eff. 1-1-97; 90-725, eff. 8-7-98.)