reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart D - ADULT PROTECTIVE SERVICES VOLUNTEER CORPS › Section 270.300 - Activities and Supervision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The APS
				provider agency shall assign volunteers and provide supervision of each
				volunteer according to the Volunteer Plan. Each volunteer shall have an
				individualized Activity Plan, which shall include a job description of the
				specific assignment of the volunteer.
b) A copy of the Activity Plan for each
				volunteer shall be maintained in the records of the APS provider
				agency.
c) Each individualized
				Activity Plan shall include a record of all the training, assignments,
				activities, supervision, and evaluations of the volunteer.
d) The Volunteer Plan shall be available for
				inspection and copying by law enforcement agencies, the Regional Administrative
				Agency, and the Department on Aging.
e) The individual Activity Plans shall be
				available for inspection and copying by law enforcement agencies in the course
				of conducting a criminal investigation, and by the Department and appropriate
				Regional Administrative Agency (with redactions of identifying client
				information as necessary to maintain confidentiality) for monitoring and
				supervisory purposes.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.400 - Purpose of the Registry

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the Adult Protective Service Registry is to
				  protect victims and participants receiving in-home and community-based services
				  from caregivers against whom a verified and substantiated finding of abuse,
				  neglect or financial exploitation was made by an Adult Protect Services
				  provider agency under the Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.404 - Access to and Use of the Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The following State agencies and entities are to obtain credentials from the
				Department of Public Health in order to have access to the Registry:
1) the Department;
2) the Department of Healthcare and Family
				Services;
3) the Department of
				Human Services;
4) the Department
				of Public Health; and
5) any entity
				or provider agencies of direct care that are licensed, certified or regulated
				by or paid with public funds from any of these State agencies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.406 - Notice to Eligible Adult, Guardian or Agent

Current through Register Vol. 48, No. 28, July 12, 2024
As part of the investigation, the APS provider agency will
				  provide notice to the eligible adult, or the eligible adult's guardian or agent
				  under a valid power of attorney, as may be applicable and as noted in the case
				  records, that his or her caregiver's identity may be placed on the Registry
				  based on a verified and substantiated finding of abuse, neglect or financial
				  exploitation by the APS provider agency. However, that notice will not be
				  provided to a guardian or agent who is an alleged or substantiated
				  abuser.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.408 - Notice to the Caregiver's Employer

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Imminent Risk
1) If there is an imminent risk
				of danger to a participant or an imminent risk of misuse of his or her
				personal, medical or financial information, the APS provider agency will notify
				the Department within 24 hours that there is a verified and substantiated
				finding of abuse, neglect or financial exploitation against the caregiver. The
				Department will use reasonable efforts to promptly notify the direct care
				agency employing the caregiver of the finding. The direct care agency shall
				immediately bar the caregiver from providing direct care to any participants
				pending the outcome of any challenge, review, appeal, criminal prosecution, or
				other type of collateral action.
2)
				The bar to providing direct care to a participant is not a basis for appeal to
				the Department.
3) The Department
				will use reasonable efforts to promptly notify the employer if a determination
				is made on appeal that the caregiver's identity will not be placed on the
				Registry.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.410 - Notice to Long Term Care Facilities and Ombudsman

Current through Register Vol. 48, No. 28, July 12, 2024
If a victim moves from a domestic living situation to a
				  health care or long term care facility, the APS provider agency will use
				  reasonable efforts to promptly inform the facility and the appropriate Regional
				  Long Term Care Ombudsman about any placement of a caregiver on the Registry
				  relevant to the victim.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.412 - Verified and Substantiated Finding and Notice to Caregiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within five business days after
				allegations of abuse, neglect or financial exploitation by a caregiver toward a
				victim have been found to be verified and substantiated by an APS provider
				agency, that agency is to notify the Department's Office of Adult Protective
				Services (Office) and forward a complete copy of all case records of the victim
				to the Department. The APS provider agency will also provide the Office with
				any additional information requested.
b) The Office will review the case file as a
				quality assurance measure to ensure correct interpretation and application of:
1) the Act, administrative rules, and
				standards; and
2) sufficient
				documented evidence of abuse, neglect or financial exploitation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.414 - Initiation of an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
Requests for an appeal to contest placement of the
				  caregiver's identity on the Registry are to be submitted to the
				  Department/other entity authorized to conduct hearings under this Subpart.
				  These requests are to be made in writing and signed by the caregiver within 30
				  calendar days after the date of the notice from the Department. The request is
				  to be sent via regular pre-paid, first-class mail, email, facsimile, or other
				  acceptable means as specified in the notice.
a) The sole issue on appeal is whether
				placement of the caregiver's identity on the Registry is in the public
				interest.
1) A copy of the notice to the
				caregiver, the statement of allegations in the abuse report, and the
				substantiation decision in the final investigative report constitute prima
				facie evidence of abuse, neglect or financial exploitation for placement on the
				Registry, which will be admitted into evidence without further proof.
2) The burden of proof belongs to the
				caregiver to establish by a preponderance of evidence that placement of his or
				her identity on the Registry is not in the public interest, based on the
				following factors:
A) the length of time the
				caregiver has been providing care to the victim;
B) the relationship between the caregiver and
				the victim;
C) whether placement of
				the caregiver's identity on the Registry is in the victim's best interest or
				that of other participants;
D)
				whether additional training for the caregiver could remediate the abuse,
				neglect or financial exploitation;
E) in the case of financial exploitation, the
				value of the assets at issue and whether restitution was made; or
F) whether criminal charges were filed
				against a caregiver and any related outcome.
3) The administrative law judge will issue a
				recommendation for final administrative decision based on the record as a whole
				and will have the discretion to determine whether placement of the caregiver's
				identity on the Registry is in the public interest.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.416 - Collateral Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) A caregiver
				may stay the appeal process upon the provision of an adequate and timely notice
				of the filing of a collateral action challenging an adverse employment action
				resulting from the verified and substantiated finding of abuse, neglect or
				financial exploitation.
b) This
				notice is to be sent to the Department and to the ALJ and all parties of record
				in the administrative hearing, if applicable.
1) The caregiver will provide supporting
				evidence of the collateral action such as file-stamped copies from the Illinois
				Civil Service Commission or documentation relating to a proceeding pursuant to
				any applicable collective bargaining agreement.
2) If the caregiver fails to provide
				file-stamped copies of the collateral action after a request to do so by the
				ALJ, the appeal will move forward.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.418 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise authorized by law, the Department/other entity authorized to conduct
				hearings under this Subpart, and the ALJ have an affirmative duty to protect
				the confidentiality of records protected under the Act, including:
1) a verified and substantiated finding of
				abuse, neglect or financial exploitation of an eligible adult by a
				caregiver;
2) all records
				concerning reports of abuse, neglect or financial exploitation and all case
				notes and records generated as a result of those reports;
3) the name of, and personal information
				about, the victim;
4) the names of,
				and identifying information about, reporters;
5) redacting to the extent possible, use of
				confidential, identifying or personal information in the final administrative
				decision of the ALJ consistent with Sections 4(c) and 8 of the Act and Section
				270.275 of
				this Part; and
6) access to and use
				of the Registry.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.420 - Removal from Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any
				time after a caregiver's identity has been placed on the Registry, a caregiver
				may request removal of his or her name from the Registry by submitting a
				request to the Department in writing.
1) The
				request may only be made in relation to a single Registry placement decision. A
				request cannot be made requesting removal of multiple Registry placement
				decisions.
2) A request for removal
				of a Registry placement decision is not to be made more than once in each
				successive 3-year period after placement, with a maximum of 3 such
				requests.
3) The caregiver is to
				prove by a preponderance of the evidence that removal of his or her name from
				the Registry is in the public interest.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.422 - Initial and Amended Pleadings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Form of Pleadings
1) If an initial or amended
				pleading is not in writing, it is to be made part of the record.
2) Written pleadings shall be clear and
				legible.
3) Reproductions may be by
				any process, if all copies are clear, accurate and permanently
				legible.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.424 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of a
				scheduled hearing will include the following:
1) A statement of the time, location and
				nature of the hearing;
2) A
				statement of the legal authority and jurisdiction under which the hearing is
				held;
3) A reference to the
				statutes and rules involved;
4) The
				relevant contact information of the Department/other entity authorized to
				conduct hearings under this Subpart (Department/other entity), all parties, and
				all other persons to whom the Department gives notice of the hearing;
5) A clear and concise statement of the
				matters asserted; and
6) Any other
				information that is mandated by law to be included in the notice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.426 - Answer

Current through Register Vol. 48, No. 28, July 12, 2024
When an answer is necessary or allowed, the following
				  apply:
a) The party shall timely file
				an answer. The answer shall be in writing, signed by the party or
				representative, and shall contain a specific response to each allegation in the
				initial pleading. The response shall admit the allegation, deny it, or state
				that the party has insufficient information to admit or deny the
				allegation.
b) When a party has
				responded that it has insufficient information to admit or deny the allegation,
				that response will serve as a denial.
c) A failure to timely file a necessary
				answer will be deemed an admission of all allegations and may form the basis of
				a decision against the party that failed to answer.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.428 - Representation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual
				may be self-represented or may instead designate an attorney authorized to
				practice law in the State of Illinois or other representative of the party's
				choosing. An individual or entity may only designate one authorized
				representative at a time.
b) At any
				pre-hearing stage of a proceeding, including mediation, a corporation may be
				represented by an officer designated or authorized to act on behalf of the
				corporation. However, at a hearing, corporations are to be represented by an
				attorney authorized to practice law in the State of Illinois.
c) The representative shall use reasonable
				efforts to promptly file a notice of appearance and authorization for
				representation with the Department/other entity authorized to conduct hearings
				under this Subpart. Notice of appearance and authorization for representation
				shall include the following:
1) Full name and
				relevant contact information of the individual or entity; and
2) Full name and relevant contact information
				of the individual's or entity's representative, if applicable.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.430 - Venue and Testimony by Telephonic or Other Electronic Means

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hearings will be
				at a reasonable time, date and location designated in the notice of
				administrative hearing. The hearing may be moved to another location when the
				Department/other entity authorized to conduct hearings under this Subpart finds
				that exceptional circumstances make it desirable, in the interest of justice,
				to allow a change of venue. The parties may stipulate to the exceptional
				circumstances or one party may make such a showing to the Department/other
				entity. Exceptional circumstances include, but are not limited to, age,
				infirmity or inability to travel due to ill health. Mere inconvenience will not
				constitute grounds for change in venue.
b) Any activities, including the hearing or
				any pre-hearing meetings, may be conducted from different locations by
				connecting the parties, the witnesses, and the ALJ by telephone, video or other
				acceptable electronic means.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.432 - Pre-hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) A party
				may request, or the Department/other entity authorized to conduct hearings
				under this Subpart may direct the parties to appear for, a prehearing
				conference if it expedites the proceeding. Conferences may be for considering
				settlement, simplification of issues, or other matters that may aid in the
				disposition of the hearing.
b) Any
				agreements or stipulations made by the parties will be made part of the
				record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.434 - Consolidation of Matters for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Department/other entity authorized to conduct hearings
				  under this Subpart may consolidate matters when the following conditions are
				  met:
a) The matters involve common
				parties or common issues of law or fact, or grow out of the same transaction or
				occurrence;
b) Consolidation would
				not prejudice the rights of the parties;
c) Consolidation would result in the
				efficient and expeditious resolution of matters; and
d) Consolidation would not result in the
				disclosure of information made confidential by law.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.436 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Procedure for
				Requesting a Continuance
1) Any party to a
				hearing may request to continue a hearing. Each request will be made part of
				the record.
2) Any request to
				continue a hearing is to be made to the Department/other entity under this
				Subpart at least 5 business days before the scheduled hearing date, except in
				unavoidable circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.438 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pre-hearing
				Motions
1) Any party may file a pre-hearing
				motion requesting appropriate relief. A pre-hearing motion shall be in writing,
				unless made orally on the record and accompanied by any affidavits or other
				evidence relied upon. Appropriate relief will be determined by the
				Department/other entity authorized to conduct hearings under this Subpart based
				on the nature and form of the hearing. Absent good cause, a pre-hearing motion
				will be filed no later than five business days prior to the date of the
				hearing. Pre-hearing motions are limited to requesting the following:
A) Dismissal of a pleading for failure to
				state facts that, if true, would form a sufficient basis for the challenged
				action;
B) Dismissal of a request
				for hearing for failure to comply with notice or service requirements of this
				Subpart;
C) Compliance with
				discovery obligations or sanctions in accordance with Section 270.442 dealing
				with discovery;
D) A continuance or
				extension of time to comply with any of the provisions of this
				Section;
E) That an ALJ deems a
				failure to file a necessary answer to be an admission of the truth of the
				allegations contained in the pleading;
F) That an order be vacated or
				modified;
G) That ALJ schedule a
				pre-hearing conference;
H)
				Separation of cases consolidated by the Department/other entity;
I) Disqualification of an ALJ;
J) Approval to intervene, as a party with
				standing, in an existing proceeding; and
K) Any relief consistent with the
				administrative process that the Department/other entity determines is in the
				interest of justice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.440 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Generally
The Department/other entity may issue subpoenas to compel the
				  attendance of a witness or the production of documents before or during an
				  administrative hearing, on its own motion, or at a party's request.
1) The request for subpoena shall be granted
				only if the requester demonstrates that the information to be produced by the
				subpoena is necessary, relevant, and not unduly repetitious.
2) The ruling on the request for subpoena may
				be delayed until after available evidence has been submitted.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.442 - Discovery; Exchange of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 8(11) of the Act, a
				caregiver is only entitled to a copy of the statement of allegations from the
				abuse report and the substantiation decision from the final investigative
				report contained in the case record of the victim maintained by an APS provider
				agency.
1) Written and/or digital information
				about the victim is not material and/or relevant to the limited issue on
				appeal. Disclosure of the case record, including, but not limited to, intake
				reports, risk assessments, plans of care, status reports, documents pertaining
				to interventions/services, and updates, constitutes an unwarranted invasion of
				personal privacy and/or protection afforded to a reporter.
2) APS provider agency written and/or digital
				information, including, but not limited to, logs, tracking records, case
				recording forms, and reports to the Department's Office of Adult Protective
				Services, are not relevant to the limited issue on appeal and discloses
				investigative techniques to the detriment of program administration.
3) Program written and/or digital
				information, including, but not limited to, auditing and monitoring information
				about the APS provider agency, is not relevant to the limited issue on appeal
				because this information exceeds the scope of the verified and substantiated
				finding.
4) All other materials,
				including, but not limited to, information relating to the identity of the
				reporter, are confidential and protected from disclosure under Sections 4(c)
				and 8 of the Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.444 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) The ALJ shall
				admit evidence that is admissible under the law in civil cases in the circuit
				courts of this State. In addition, the ALJ may admit material, relevant
				evidence, of the type commonly relied upon by reasonably prudent persons in the
				conduct of serious affairs, that is reasonably reliable and reasonably
				necessary to resolution of the issue for which it is offered.
b) The ALJ shall exclude immaterial,
				irrelevant or unduly repetitious evidence.
c) A party may object to evidentiary offers.
				These objections shall be noted in the record.
d) The parties may, by stipulation, agree
				upon any facts involved in the proceeding. The facts stipulated will be
				considered as evidence in the proceeding.
e) Official notice may be taken of all facts
				of which judicial notice may be taken and of other facts, of a technical
				nature, within the specialized knowledge and experience of the
				Department.
f) Except as otherwise
				mandated by law, the privilege of a witness, person, or Illinois or
				non-Illinois governmental entity will be governed by the principles of the
				common law as they may be interpreted by Illinois courts.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.446 - Witness Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
a) The ALJ
				may exercise reasonable control over the form of the examination and order of
				witnesses so as to make the examination effective for gathering the facts,
				avoiding delay, and protecting witnesses from harassment or undue
				embarrassment. The ALJ may limit the examination of witnesses to prevent
				cumulative or irrelevant evidence.
b) Before testifying, a witness shall declare
				by oath or affirmation and under penalty of perjury that he or she will testify
				truthfully.
c) Any individual is
				competent to testify as a witness so long as he or she is capable of
				understanding the nature of an oath or affirmation and giving an accurate
				account of facts within the witness' personal knowledge. In the absence of
				contrary evidence, a witness is presumed competent to testify. The ALJ
				determines competency of a witness.
d) A witness may appear voluntarily to
				testify or may testify under power of a subpoena issued by the Department/other
				entity under Section
				270.440.
e) A witness compelled to testify in response
				to a subpoena may be accompanied and advised by an attorney.
f) A witness may testify as to facts within
				the witness' personal knowledge. A witness not qualified as an expert pursuant
				to Section 270.448 may only provide opinion testimony if the opinion is
				rationally based on the perception of the witness and helpful to a clearer
				understanding of the witness' testimony or a determination of the
				issues.
g) Any party may request to
				call any individual as a witness and conduct direct examination. Except for
				preliminary matters and facts already in evidence, questions on direct
				examination should be open-ended, non-leading questions.
h) The opposing party is entitled to
				cross-examine any witness. A witness may be cross-examined on any matter
				relevant to any issue in the case, including credibility. In the interests of
				justice, the ALJ may limit testimony on cross-examination to subject matters
				testified about on direct examination.
i) A party may be allowed to examine an
				adverse witness as if under cross-examination.
j) The ALJ may question any witness pursuant
				to Section 270.452(g)(6).
k) If a
				witness uses a document to refresh memory for the purpose of testifying, either
				while testifying or before testifying, the ALJ may have the witness show the
				document to the opposing party and be cross-examined about the
				document.
l) In the interests of
				justice, at the request of a party, or an ALJ's own motion, the ALJ may order
				witnesses excluded so that they cannot hear the testimony of other
				witnesses.
m) The ALJ may direct
				that all excluded or non-excluded witnesses be kept separate until called and
				may prevent them from communicating with one another until they have been
				examined or the hearing is ended.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.448 - Expert Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				scientific, technical, or other specialized knowledge will assist the ALJ to
				understand the evidence or to determine a fact in issue, a witness qualified as
				an expert by knowledge, skill, experience, training or education may testify
				and render an opinion.
b) The party
				seeking to introduce expert testimony bears the burden of establishing the
				witness' expertise. The ALJ determines whether the witness is sufficiently
				qualified as an expert.
c) The
				expert may only testify as to matters within his or her area of
				expertise.
d) An expert may give an
				opinion on the ultimate issue in the proceeding.
e) The facts or data upon which an expert
				bases an opinion may be those perceived by or made known to the expert at or
				before the hearing. The facts or data need not be admissible in evidence if
				they are of a type reasonably relied upon by experts in the particular field in
				forming opinions upon the subject.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.450 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise provided by law, the burden of proof will be
				  by the preponderance of the evidence and will be on the moving party or the
				  party bringing the action.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.452 - Administrative Law Judge Qualifications, Potential Disqualification, and Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) In any
				proceeding under this Subpart, the Department/other entity may appoint any
				attorney, with a valid license to practice law in the State of Illinois, to
				serve as the ALJ.
b) The ALJ is to
				have high integrity, good personal repute, and sufficient knowledge of the
				procedures and subject matter at issue.
c) The ALJ shall not have:
1) been involved in the decision to take the
				action being appealed;
2) rendered
				legal advice to the decision-maker on the issue;
3) a personal or professional interest that
				interferes with exercising objectivity; or
4) any bias against the parties or issues
				appealed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.454 - Translators and Accommodations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				party may request an interpreter to participate at the hearing if the
				individual's usual mode of communication is a spoken language other than
				English or a signed language. An interpreter will be provided at no cost to the
				individual. Unless the interpreter has been requested at least 14 calendar days
				prior to the prehearing conference or hearing, the time between the request for
				the interpreter and any continued hearing date will not be construed as a delay
				on part of the Department/other entity in issuing and implementing a
				decision.
b) The Department/other
				entity will provide reasonable accommodations under the Americans With
				Disabilities Act and the ADA Amendment Act of 2008 (
				42 USC 12101
				et seq.) for access to and participation in a proceeding.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.456 - Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				otherwise provided by subsection (b) or other law, the State of Illinois will
				assume the administrative costs of the hearing process.
b) The State will not be responsible for
				costs incurred solely by any party, including, but not limited to, process
				service, legal fees, travel, witness costs, and room and board.
c) The Department will not be responsible for
				the cost of preparing and certifying the record (see Section 270.472(a) ) for
				court review.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.458 - Improper or Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				No party or other individual or entity legally interested in the outcome of a
				proceeding under this Subpart may make any written or oral communication,
				directly or indirectly, imparting or requesting material information or making
				a material argument regarding potential action concerning the hearing, without
				including all parties to the hearing in the communication.
b) If the Department/other entity receives a
				communication prohibited by subsection (a), including the receipt of any
				documents, that communication will be made known to all other parties to the
				proceedings and will be made part of the record.
c) The rule on ex parte communication does
				not prevent the Department/other entity from communicating to one party about
				routine procedural or practice matters.
d) Nothing in this Section is to prevent any
				communication necessary to protect the health, safety and welfare of the
				victim.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.460 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may grant variances from this Subpart in
				  individual cases in which it is found that:
a) The rule from which the variance is
				granted is not statutorily mandated;
b) No party will be unfairly prejudiced by
				the granting of the variance; and
c) The rule from which the variance is
				granted would, in the particular case, be unreasonable or unnecessarily
				burdensome or would result in undue risk of harm to the health, safety or
				welfare of the victim.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.462 - Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
Compliance with this Part may be waived by stipulation of all
				  parties, in writing or made on the record, and consent of the Department/other
				  entity.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.464 - Failure to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless a
				continuance is granted pursuant to Section 270.436, a matter will be considered
				abandoned and therefore dismissed if:
1) A
				party does not appear at the time, date and place designated for the
				hearing;
2) A party fails or
				refuses to proceed with the hearing; or
3) A party failed to notify the
				Department/other entity of a change of address and a notice of the
				administrative hearing, sent to the party's last known address, was returned as
				"undeliverable", "unclaimed", "refused", "moved", or "no forwarding address" or
				other type of returned mail, via postal or electronic mail.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.466 - Grounds for Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department/other entity may dismiss a matter on its own motion or on the motion
				of any party when:
1) A final administrative
				decision on the issue already exists as a result of a previous
				matter;
2) A court of competent
				jurisdiction has made a judicial finding or decision resolving the issue
				pending before the Department/other entity;
3) The pleading was not filed with the
				Department/other entity within the applicable timeframe;
4) The matter has been withdrawn pursuant to
				Section 270.468;
5) The matter has
				been abandoned by a party, or the party fails to appear for the hearing or
				refuses to proceed;
6) The issue is
				not within the jurisdiction of the Department as set forth by the Act;
				or
7) A party failed to notify the
				Department/other entity of a change of address and a notice of the
				administrative hearing, sent to the party's last known address, was returned as
				"undeliverable", "unclaimed", "refused", "moved", or "no forwarding address" or
				any other type of returned mail, via postal or electronic method.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.468 - Withdrawal of a Matter

Current through Register Vol. 48, No. 28, July 12, 2024
A matter may be withdrawn by the party that filed the case or
				  requested the hearing either prior to or at the hearing. A withdrawal is to be
				  made in writing and signed by the moving party or entered orally on the record.
				  A dismissal resulting from a withdrawal constitutes a final administrative
				  decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.470 - Post-hearing Motions and Briefs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				At the adjournment of the hearing, the record will be closed and no further
				evidence or argument may be submitted unless, prior to the adjournment of the
				hearing, a request to leave the record open for a specified period for the
				submittal of additional evidence, post-hearing briefs, or other motions is made
				and granted by the ALJ. Copies of any evidence presented after the hearing will
				be provided to all parties and made part of the record.
b) Post-hearing briefs may be allowed, if the
				ALJ determines additional briefing would assist in rendering a decision. If
				post-hearing briefs are allowed:
1) The ALJ
				will determine the due dates for the briefs, consistent with the length and
				complexity of the cases, and the ALJ's responsibility for rendering an
				expeditious decision; and
2) The
				ALJ may limit the scope and length of post-hearing briefs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.472 - Administrative Hearing Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				administrative record will consist of:
1) The
				recording of testimony and exhibits, or an official reporting containing the
				substance of what happened at the hearing;
2) All pleadings, materials and requests
				submitted in the proceeding;
3) The
				ALJ recommendation, if applicable; and
4) The final administrative
				decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.474 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The final administrative decision will
				include a written order setting out the factual and legal reasons for the final
				decision. All findings of fact will be based exclusively on the record. The
				order will state it is a final administrative decision and will fully advise
				the parties of any right to judicial review.
b) The final administrative decision will be
				served on all parties within 40 calendar days after the record has
				closed.
c) When the ALJ issues a
				recommendation for final administrative decision:
1) The recommendation shall be in writing and
				set forth proposed findings of fact and recommended conclusions of law for
				review by the Director.
2) The
				recommendation shall be provided to the Director within 20 calendar days after
				the close of the record.
3) The
				Director shall consider the recommendation in issuing a final administrative
				decision.
4) The Director shall
				issue a decision accepting, rejecting or modifying the recommendation of the
				Department/other entity within 20 calendar days after receipt of the
				recommendation.
5) To the extent
				the Director does not accept the recommendation, the decision shall set out in
				writing the rationale.
6) The
				Department/other entity shall then serve all parties with the final
				administrative decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart E - ADULT PROTECTIVE SERVICE REGISTRY › Section 270.476 - Appeal of Department Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
All decisions made by the Department will state whether they
				  are final administrative decisions and identify what, if any, rights for appeal
				  exist.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart F - FATALITY REVIEW TEAMS › Section 270.500 - Fatality Review Team Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Fatality Review Team Advisory
				Council
(Council) is the
coordinating and oversight body
				for
the
activities
of Regional Interagency Fatality
Review Teams
(Teams)
in Illinois
. [
				320 ILCS
				20/15 (c-5)]
b) Composition
1) The Director of the Department on Aging
				will solicit information about individuals interested in being named as a
				member to serve on the Council from each of the Teams.
A) Each member will be appointed for a 3-year
				term and will be eligible for reappointment upon the expiration of the
				term.
B) Appointments to fill
				unexpired vacancies will be made in the same manner as original appointments.
				The Council may declare a vacancy for a member when it determines that a member
				has resigned, no longer resides within the State of Illinois, failed to
				maintain the professional position outlined in subsection (b)(1), or has become
				incapacitated and rendered incapable of serving or performing duties as a
				member. A vacancy will be filled as soon as practicable.
C) Members of the Council will be
				automatically reappointed unless the Director and the member are notified at
				least 30 days before the term ends that the respective Team will recommend
				another person or a resignation is received from the member. All successive
				appointments will be for a term of 3 years. No member will be reappointed if
				his or her reappointment would cause any conflict of interest.
D) The Director may terminate the appointment
				of any member prior to the end of a term based on the recommendation of the
				Chairperson for good cause, which includes, but is not limited to, unjustified
				absences, failure to meet Council responsibilities, or failure to maintain the
				professional position outlined in subsection (b)(1).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 270 - ADULT PROTECTION AND ADVOCACY SERVICES › Subpart F - FATALITY REVIEW TEAMS › Section 270.505 - Regional Interagency Fatality Review Teams

Current through Register Vol. 48, No. 28, July 12, 2024
a) Establishment
The Director, in consultation with the Council, law
				  enforcement, and other professionals who work in the fields of investigating,
				  treating or preventing abuse or neglect of at-risk adults shall appoint members
				  to a minimum
of one Team in each of the Department's planning
				  and service areas.
[
				  320 ILCS
				  20/15(b) ]
b) Composition
1) A Team
shall be composed of
				representatives of entities and individuals including, but not limited
				to:
A)
the Department on
				Aging;
B)
coroners
				or medical examiners (or both);
C)
State's
				Attorneys;
D)
local police departments;
E)
forensic units;
F)
local health
				departments;
G)
a
				social service or health care agency that provides services to persons with
				mental illness, in a program whose accreditation to provide such services is
				recognized by the Division of Mental Health within the Department of Human
				Services;
H)
a
				social service or health care agency that provides services to persons with
				developmental disabilities, in a program whose accreditation to provide such
				services is recognized by the Division of Developmental Disabilities within the
				Department of Human Services;
I)
a local hospital, trauma center,
				or provider of emergency medicine;
J)
providers of services for eligible
				adults in domestic living situations; and
K)
a physician, psychiatrist, or
				other health care provider knowledgeable about abuse and neglect of at-risk
				adults.
[
				320 ILCS
				20/15 (b-5)]
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 271 - JOINT RULES OF THE DEPARTMENT ON AGING AND THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION: FINANCIAL EXPLOITATION TRAINING BY FINANCIAL INSTITUTIONS › Section 271.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to implement Public Act 96-1103 by
				providing for the training of the employees and officers of financial
				institutions who have direct customer contact in the proper recognition and
				reporting of suspected financial exploitation of older persons.
a) The Department on Aging is responsible for
			 developing minimum standards for financial exploitation training by financial
			 institutions.
b) The Department of
			 Financial and Professional Regulation is responsible for ensuring compliance
			 with the minimum standards for financial exploitation training by financial
			 institutions subject to its jurisdiction, including gathering statistics,
			 providing reports and retaining visitation and enforcement authority in
			 relation to the regulation of these institutions.
c) Both agencies will work together to
			 develop and implement these joint rules.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 271 - JOINT RULES OF THE DEPARTMENT ON AGING AND THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION: FINANCIAL EXPLOITATION TRAINING BY FINANCIAL INSTITUTIONS › Section 271.101 - Joint Rule Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
The cross-reference to the joint rule provisions for the
				Department of Financial and Professional Regulation is found in 38 Ill. Adm.
				Code 220.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 271 - JOINT RULES OF THE DEPARTMENT ON AGING AND THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION: FINANCIAL EXPLOITATION TRAINING BY FINANCIAL INSTITUTIONS › Section 271.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Bi-annual report" means the report compiled by the Department
				of Financial and Professional Regulation and submitted to the Department on
				Aging, which will include aggregate figures on the numbers of employees and
				officers of financial institutions who were trained pursuant to this Part in
				the previous two quarters.
"Department" means the Illinois Department on Aging.
"DFPR" means the Illinois Department of Financial and
				Professional Regulation.
"Direct customer contact" means that the employee or officer of
				the financial institution has face-to-face or telephonic contact with the older
				person.
"Elder Abuse and Neglect Program" means the program established
				pursuant to the Elder Abuse and Neglect Act [320 ILCS 2 ] and managed by the
				Department on Aging.
"Financial exploitation" means the use of an older person's
				resources by another to the disadvantage of the older person and/or the profit
				or advantage of a person other than the older person.
"Financial institution" means a bank, credit union or savings
				institution operating in Illinois.
"Older person" means a resident of Illinois who is age 60 or
				older.