Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 592 - THE DENTAL STUDENT GRANT CODE › Subpart B - DENTAL GRANTS › Section 592.160 - Grant Funds Recovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grants
				made under this Part are subject to the Illinois Grant Funds Recovery Act. If a
				provision of this Part conflicts with a provision of the Illinois Grant Funds
				Recovery Act, the provision of the Illinois Grant Funds Recovery Act will
				control.
b) The Department shall
				have the authority to issue subpoenas as part of an official investigation into
				the use of grant funds. Subpoenas shall be issued and enforced according to
				Illinois Supreme Court Rules and the Code of Civil Procedure.
c) Every grantee shall keep complete and
				accurate accounting records of all grant funds that the grantee receives,
				administers, oversees or expends. A grant recipient's failure to create and
				maintain accounting records that demonstrate the grant recipient's receipt,
				administration, oversight, expenditure or use of all grant funds shall create a
				presumption in favor of recovery by the Department.
d) Whenever the Department believes that
				grant funds are subject to recovery, the Department shall provide the grantee
				the opportunity for at least one informal hearing to determine the facts and
				issues and to resolve any conflicts as amicably as possible before taking any
				formal recovery actions. (Section 7 of the Illinois Grant Funds Recovery
				Act)
e) The offer of an informal
				hearing will be in writing and will provide the grantee with no fewer than 10
				calendar days in which to request an informal hearing. A grantee's failure to
				deliver a timely request for an informal hearing shall constitute the grantee's
				waiver of the informal hearing. During any informal hearing, the grantee may be
				represented by a licensed attorney.
f) If, after an informal hearing or, if no
				timely request for an informal hearing is received, the Department determines
				that any grant funds are to be recovered, the Department will provide the
				grantee with formal written notice of its intent to recover grant funds. The
				notice will identify the funds and the amount to be recovered and the specific
				facts that permit recovery.
g) A
				grantee shall have 35 days from the receipt of the notice required in
				subsection (f) to request a hearing to show why recovery is not
				proper.
h) If a grantee timely
				requests a hearing, the Department will hold a formal hearing in accordance
				with Practice and Procedure in Administrative Hearings, at which the grantee
				may present evidence and witnesses to show why recovery should not occur. After
				the conclusion of the hearing, if recovery is warranted, the Department will
				issue a written final recovery order and send a copy of the order to the
				grantee by Certified US Mail.
i) A
				grantee may seek judicial review in the circuit court of any Department final
				recovery order, pursuant to the Administrative Review Law.
j) If a grantee timely requests a formal
				hearing, the Department will not take any action of recovery until at least 35
				days after a final recovery order has been issued.
k) If a grantee does not timely request a
				hearing, the Department may proceed with recovery of the grant funds identified
				in the notice issued pursuant to this Section, at any time after the expiration
				of the 35-day request period.
l)
				Any notice or mailing required or permitted by this Section shall be deemed
				received five days after the notice or mailing is deposited in the US mail,
				with the grantee's current business address and with sufficient US postage
				affixed, or the date of actual delivery, whichever is sooner.
m) During any formal hearing, the grantee may
				be represented by a licensed attorney.