Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.20 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definitions of Terms - As used in this Part, unless the context requires
			 otherwise:
"Act" means the Guardianship and Advocacy Act [20 ILCS 3955
				].
"Chairperson" means the Chairperson of a Regional Human Rights
				Authority.
"Commission" means the Guardianship and Advocacy
				Commission.
"Complainant" means any person or entity who files a complaint
				with an authority or member of an authority.
"Complaint" means any allegation that the rights of an eligible
				person have been or may have been violated which is initiated by or
				communicated to a regional authority or member of an authority.
"Director" means the Director of the Guardianship and Advocacy
				Commission.
"Eligible Person" means an individual who has received, is
				receiving, has requested, or may be in need of mental health services, or is
				"developmentally disabled" as defined in the federal "Developmental
				Disabilities Services and Facilities Construction Act" (
				42 USC
				6001(7) ), as now or
				hereafter amended, or any "person with one or more disabilities" as defined in
				the Disabled Persons Rehabilitation Act [20 ILCS 2405 ].
"Frivolous" means a factual allegation which, if true, has no
				legal consequence nor implies any violation of a right established by
				law.
"Guardian" means a court appointed guardian or
				conservator.
"HRA Committee" means the Commissioners appointed by the
				Chairperson of the Guardianship and Advocacy Commission to oversee the Human
				Rights Authority program and to propose HRA policy to the Commission.
"Identifiable Data" means any record, document, paper,
				material, description or other information that discloses the identity of an
				eligible person or his family.
"Person" means an individual, corporation, partnership,
				association, unincorporated organization, or a government or any subdivision,
				agency, or instrumentality of that government;
"Program Director" means the person designated by the Director
				to coordinate the activities of all regional authorities.
"Regional Authority" means a regional Human Rights
				Authority.
"Regional Coordinator" means the person designated by the
				Program Director to assist a specific regional authority in its
				activities.
"Rights" includes but is not limited to all rights, benefits,
				and privileges guaranteed by law, the constitution of the State of Illinois,
				and the constitution of the United States.
"Service Provider" means any public or private facility,
				center, hospital, clinic, program or any other person devoted in whole or in
				part to providing services to eligible persons.
"Services" includes examination, diagnosis, evaluation,
				treatment, care, training, psychotherapy, pharmaceuticals, after-care,
				habilitation, rehabilitation, and related activities provided for an eligible
				person.
b) Computation of
			 Time
In computing any period of time prescribed in this Part, the
				date of the event from which such period begins to run shall not be included.
				If the last day of the period so computed shall fall on a Saturday, Sunday or
				State holiday, the time period shall continue to run until the next day that is
				not a Saturday, Sunday or State holiday.
c) Severability
In the event any provision of this Part is determined by a
				court or other body of competent jurisdiction to be invalid, that determination
				shall not affect the remaining provisions that continue in full force and
				effect.
d) Rules Exclusive
All procedures or activities employed by a regional authority
				in exercising its statutorily defined powers and duties shall be governed by
				this Part. No regional authority shall adopt policy unless approved by the
				Commission. The Commission shall disapprove, pursuant to Section 5(c) of the
				Act, any action taken by a regional authority contrary to the provisions of
				this Part.
e) Petition by a
			 Regional Authority for Rule Change
A regional authority may request that the Commission
				promulgate, amend or repeal a rule in this Part by submitting a written
				petition to the Program Director setting forth the particular rulemaking action
				desired and the reasons in support of that action. The Program Director shall
				forward, within 10 days, the petition, together with any observation or
				comments, to the Director and the HRA Committee that shall, upon consideration,
				forward its recommendation on the petition to the Commission. Should the HRA
				Committee decide to propose to amend or adopt a rule, it shall forward its
				recommendation to the Chairperson of each regional authority at the same time
				it is sent to the Commission.