Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 50 - CHILD CARE › Subpart L - INTENTIONAL PROGRAM VIOLATIONS › Section 50.1230 - Hearing Process for Parents or Other Relatives

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with 89 Ill. Adm. Code 14 and 89 Ill. Adm. Code
				  50.110(a),
				  persons receiving a notice of intentional program violations or fraud of child
				  care services can request hearings disputing the determination of the
				  intentional violation or fraudulent action.
a) Notification of all sanction actions will
				be sent to the parent or other relative and the Division of Early Childhood by
				the Department or its agents. The notification will include a description of
				the violation and the statute or administrative rule that has been violated and
				the instructions for filing an appeal.
b) The request for an appeal must be filed
				with the Division of Early Childhood, its child care agents, or the DHS Bureau
				of Hearings within 60 days of the date on the notification that was mailed to
				the affected party. Appeal requests may be filed at
https://abe.illinois.gov/abe/access/appeals
.
c) The Bureau of Hearings will give
				reasonable notice to the parent or other relative and the Division of Early
				Childhood in writing that a hearing has been scheduled. This notice shall be
				provided at least 10 calendar days prior to the hearing.
d) The Department shall have the
				responsibility at the hearing to prove, by a preponderance of the evidence,
				that the parent or other relative committed an intentional program violation or
				fraud.
e) The hearing shall not be
				bound by common law or statutory rules of evidence, nor by technical or formal
				rules of procedure, but shall be conducted in a manner best calculated to
				conform to substantial justice (see 89 Ill. Adm. Code
				14.23, Evidentiary
				Requirements).
f) A hearing will
				not be adjourned until the Hearing Officer has received all information agreed
				upon within the time the parent or other relative and the Department and/or its
				agents have agreed to provide it.
g) Following the hearing, a Final
				Administrative Decision will be made by the Secretary that either upholds or
				does not uphold the program violation and associated sanctions or determines
				that the Department lacks jurisdiction. A copy of the decision shall be mailed
				to the parent or relative and any representative.
h) A Final Administrative Decision is
				reviewable only through the Circuit Courts of the State of Illinois under the
				Administrative Review Law [735 ILCS 5/3-101 ].
i) After a Final Administrative Decision is
				released, no petition for rehearing or reconsideration is allowed. Neither the
				filing of any such motion, nor correspondence in the nature of such a motion,
				nor any response by the Department to such correspondence nor motion will delay
				the time for filing of a complaint in the Circuit Court.
j) The Division of Early Childhood's Bureau
				of Subsidy Management and the Program Integrity and Quality Assurance Unit will
				implement the Final Administrative Decision within 10 calendar days of
				receiving the notice.
k)
				Representation
1) Parents or other relatives
				may appear with or without representation at the Hearing.
2) If the parents or other relatives are
				represented by legal counsel or another authorized representative, the parent
				or relative need not be present at the hearing. The representative must have a
				written authorization signed by the parent or relative prior to any action
				taken on that person's behalf.
3)
				The action or inaction of an authorized representative shall be deemed to be an
				action or inaction of the parent or relative.