Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.75 - Petition for release from or modification of services charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
			 has been issued a form DMHDD-612, Notice of Determination, of sums due as
			 service charges may petition the Department for a review of such determination.
			 The petition must be in writing and filed with the Department, 401 Stratton
			 Building, Springfield, Illinois 62765 within 90 calendar days from the date of
			 theform DMHDD-612, Notice of Determination. [405 ILCS
			 5/5-111 ]
b) On the basis of the grievances presented
			 in the petition, the Department shall review the record and shall make
			 corrections for errors prior to a formal hearing. If such corrections do not
			 resolve the issue raised, the Department shall provide for a hearing to be held
			 on the services charges for the period covered by the petition. Pre-hearing
			 conferences may be arranged by the Department prior to scheduling of formal
			 hearing to develop factors not included in the Department's master file record,
			 which could result in resolution of the issues raised.
c) A notice stating the date, time, and place
			 of the hearing shall be sent by certified mail to the address given on the
			 petition of the person entering the petition not less than 10 calendar days in
			 advance of the date of such hearing. Hearings will be scheduled at a time and
			 place to be determined by the Department. The place selected will be an
			 appropriate location, with a view to geographic grouping of the cases to be
			 heard, to keep travel at a minimum for all parties.
d) The person petitioning the Department
			 shall appear personally and may bring such witnesses as may be deemed necessary
			 and may be represented by a person of his or her own choice.
e) A hearing officer duly authorized by the
			 Secretary of the Department shall conduct the hearing as follows:
1) The hearing is officially opened when the
			 purpose of same has been stated and governing authorities have been
			 cited.
2) Presentation of the
			 hearing's examiner credentials. Leave to substitute a copy for incorporation in
			 the record shall be sought, in order to retain the original in the Department's
			 master file.
3) Swearing in of
			 those who are to testify as witnesses, petitioner and others appearing on his
			 or her behalf, the Department's representative or representatives, etc.
			 Identification for the record by name and title. The hearing officer shall have
			 the authority to subpoena witnesses and to compel the production of books and
			 records (see
			 20 ILCS 1705/17
			 ).
4) The petitioner is given
			 preference as to the order of appearances by agreement as to the format of the
			 hearing, as a result of a preliminary conference between both parties. If
			 agreeable, the Department's case is the first to be recited into the record for
			 the purpose of developing a basis for the hearing. All documents, in support of
			 such testimony, are numbered and offered into evidence as the Department's
			 exhibits. Leave to substitute copies of such documents is sought so the
			 originals may be retained in the Department's master file.
5) Upon completion of the Department's case,
			 cross examination of the Department may be held if desired, either by the
			 petitioner, or his or her attorney, if so represented.
6) The petitioner then states, either
			 directly, or upon examination by the counsel, the reason for requesting a
			 modification or release from charges, and submits documents to substantiate
			 allegations made by him or her, or as a rebuttal of the Department's
			 allegations. These exhibits are numbered and identified for record purposes as
			 petitioner's exhibits. The presiding hearing's examiner has complete authority
			 for determining what testimony or evidence is relevant and admissible into the
			 record, either by the Department or the petitioner.
7) After all direct testimony has been
			 completed, and all evidence by both the Department and the petitioner is in,
			 cross-examination may again be held, if so desired.
8) When there is no further testimony or
			 evidence to be offered by either party, the hearing is to be considered
			 adjourned with the explanation that no decision will be rendered on the
			 testimony and evidence submitted, inasmuch as the complete record will be
			 reviewed and a full report, with recommendations will be submitted to the
			 Secretary of the Department who will ultimately review the findings and
			 recommendations and render a final decision as to whether the determination is
			 subject to change, and so notify the petitioner.
9) If the findings of the hearing indicate
			 that an error has been made in the original determination, or new or additional
			 information indicates supplemental allowances are in order, an independent
			 redetermination shall be made by the hearings examiner responsible for
			 preparation of the report to conform.
10) Within 30 days, but no later than 60 days
			 subsequent to the hearing, a copy of the Department's letter of decision,
			 bearing the Secretary's signature, noted as to the date of the signature, along
			 with a copy of the findings and recommendations shall be issued to the
			 petitioner.