Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 590 - UNDERSERVED HEALTH CARE PROVIDER WORKFORCE CODE › Subpart B - GRANTS TO FAMILY PRACTICE RESIDENCY PROGRAMS › Section 590.160 - Grant Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				grantee fails to comply with this Subpart or any terms of the Grant Agreement,
				the Department, after notice and opportunity for hearing, shall suspend or
				revoke the grant and/or recover any grant funds previously disbursed to the
				grantee.
b) If the Department
				believes that a grant should be suspended, revoked or recovered because of a
				grantee's failure to comply with this Subpart or the terms of the Grant
				Agreement, the grantee shall have the
opportunity for at least one
				informal hearing
before the Department or the Department's designee
to determine the facts and issues and to resolve any conflicts as
				amicably as possible before any formal recovery action is taken.
(Section 7 of the Illinois Grant Funds Recovery Act)
c) If, based on the outcome of the informal
				hearing, the Department believes that a grant should be suspended, revoked or
				recovered because of a grantee's failure to comply with this Subpart or the
				terms of the Grant Agreement, then written notice of the proposed action shall
				be given to the grantee identifying the action to be taken and specific facts
				that permit the action. The grantee shall have 35 calendar days after the
				receipt of the notice to request a formal hearing (see 77 Ill. Adm. Code 100)
				to show why recovery is not justified or proper.
d) If a grantee requests a hearing pursuant
				to subsection (c), the Department shall hold a hearing at which the grantee (if
				an individual or the grantee's attorney if the grantee is a recognized entity)
				is permitted to present evidence and witnesses to show why the action should
				not be taken.
e) After the
				conclusion of the hearing, the Department shall issue a written final order
				setting forth its findings of fact and decision. A copy of the order shall be
				sent to the grantee.
f) In addition
				to the terms of the Grant Agreement regarding suspension or termination, the
				Department may suspend or terminate the Grant Agreement if the grantee breaches
				the Grant Agreement, fails to comply with the Act or this Part, makes any
				material misrepresentation to the Department, or creates any situation that
				constitutes a threat to the public's health, safety or welfare. Notice of
				opportunity for hearing will be provided with the Notice of Suspension. If a
				grantee requests a hearing under subsection (c), the Department will not take
				any action of recovery until at least 35 calendar days after the Department has
				issued a final recovery order pursuant to subsection (e). If a grantee does not
				request a hearing, the Department will proceed with recovery of the grant funds
				identified in the notice at any time after the expiration of the 35 calendar
				day request period established in subsection (c).
g) Any notice or mailing required or
				permitted by this Part shall be deemed received five business days after the
				notice or mailing is deposited in the U.S. mail, properly addressed with the
				grantee's current or last known business address and with sufficient U.S.
				postage affixed.